Terms of Use

1. Website Terms of Use

1.1. Ownership of Site


Agreement to Terms of Use


These Terms and Conditions of Use (the "Terms of Use") apply to the LiveEdit web site located at www.liveedit.app, and all associated sites linked to www.liveedit.app by LiveEdit, its subsidiaries and affiliates, including LiveEdit sites around the world (collectively, the "Site"). The Site is the property of Factory Group Invest SASU. ("FGI") and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

LiveEdit reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, LiveEdit grants you a personal, non-exclusive, non- transferable, limited privilege to enter and use the Site.

1.2. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to LiveEdit, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without LiveEdit’s express prior written consent.

You may use information on LiveEdit products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by LiveEdit for downloading from the Site, provided that you :

  1. not remove any proprietary notice language in all copies of such documents
  2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
  3. make no modifications to any such information
  4. not make any additional representations or warranties relating to such documents.

1.3. Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. LiveEdit reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any LiveEdit server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of LiveEdit, including any LiveEdit account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or LiveEdit’s systems or networks, or any systems or networks connected to the Site or to LiveEdit.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LiveEdit on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of LiveEdit or others.

1.4. Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify LiveEdit immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by LiveEdit or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. LiveEdit cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

1.5. Privacy

LiveEdit’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view LiveEdit’s Privacy Policy, click here.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

1.6. Links to Other Sites and to the LiveEdit Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under LiveEdit’s control, and LiveEdit is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

1.7. Disclaimers

LiveEdit does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. LiveEdit cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. LiveEdit disclaims all warranties, express or implied, including any warranties of accuracy, non- infringement, merchantability and fitness for a particular purpose. LiveEdit disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any liveEdit services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against liveEdit for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LiveEdit reserves the right to do any of the following, at any time, without notice :

  1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason
  2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms
  3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes

1.8. Limitation of Liability

Except where prohibited by law, in no event will LiveEdit be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if LiveEdit has been advised of the possibility of such damages.

1.9. Indemnity

You agree to indemnify and hold LiveEdit, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against LiveEdit by any third party due to or arising out of or in connection with your use of the Site.

1.10. Violation of These Terms of Use

LiveEdit may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) LiveEdit’s rights or property, or the rights or property of visitors to or users of the Site, including LiveEdit’s customers. LiveEdit reserves the right at all times to disclose any information that LiveEdit deems necessary to comply with any applicable law, regulation, legal process or governmental request. LiveEdit also may disclose your information when LiveEdit determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that LiveEdit may preserve any transmittal or communication by you with LiveEdit through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or LiveEdit determines that such preservation or disclosure is reasonably necessary to

  1. comply with legal process
  2. enforce these Terms of Use
  3. respond to claims that any such data violates the rights of others
  4. protect the rights, property or personal safety of LiveEdit, its employees, users of or visitors to the Site, and the public.

You agree that LiveEdit may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to LiveEdit, for which monetary damages would be inadequate, and you consent to LiveEdit obtaining any injunctive or equitable relief that LiveEdit deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies LiveEdit may have at law or in equity.

You agree that LiveEdit may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to)

  1. requests by law enforcement or other government agencies
  2. a request by you (self-initiated account deletions)
  3. discontinuance or material modification of the Site or any service offered on or through the Site
  4. unexpected technical issues or problems.

If LiveEdit does take any legal action against you as a result of your violation of these Terms of Use, LiveEdit will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to LiveEdit. You agree that LiveEdit will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

1.11. Governing Law

1.11.1. Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and courts in Paris, France, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between LiveEdit and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

1.11.2. Void Where Prohibited

LiveEdit administers and operates the www.liveedit.app Site from its location in Paris, France. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside France. LiveEdit reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside France, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

1.11.3. Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and LiveEdit with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and LiveEdit with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with LiveEdit, LiveEdit will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. LiveEdit’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by LiveEdit of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between LiveEdit and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

LiveEdit provides access to LiveEdit international data and, therefore, may contain references or cross references to LiveEdit products, programs and services that are not announced in your country. Such reference does not imply that LiveEdit in your country intends to announce such products, programs or services.

11.12. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. LiveEdit shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.


2. LiveEdit Softwares End User License Agreement

This contract is a license agreement between Factory Group Invest SASU ("FGI") and the user ("User") of the LiveEdit software ("the Software"). By installing or using the Software, you accept and agree to the following terms and conditions ("Agreement"):

2.1. License Grant


Upon acceptance of this Agreement, FGI grants to the User a nonexclusive license to use the Software provided that the User complies with the terms of this Agreement.

2.2. Permitted Use


The User may install the registered downloaded Software on a single hard disk or storage device for use on a single personal computer. Except for copying necessary for the downloading, installation and use of the Software, no copies of the software may be made save one (1) copy for archival purposes only. Copies of the Software may be transferred to another person or system, only in the unmodified form distributed by FGI and provided that each User registers the software individually for each single CPU computer system.

2.3. Intellectual Property Rights


The Software is owned by FGI and is protected by national and international copyright laws and treaties. The software is developed by FGI, uses FGI and third- party intellectual property under license. The structure, organization, and source code are valuable trade secrets of FGI. This license and your right to use the Software terminate automatically if User violates any part of this Agreement. FGI reserves the right to terminate this agreement at any time and for any reason. In the event of termination, User must immediately destroy all copies of the Software. Except as specifically provided for in this Agreement, no intellectual property rights related to the Software are granted.

2.4. ProhibitedActivity


The following activities are specifically prohibited.
 User may not :

  • (A) Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software.
  • (B) Modify, adapt, translate, or merge the Software with another program or create derivative works based on the Software.
  • (C) Remove, obscure, or alter any trademark, notice of copyrights or other proprietary legends on the Software.
  • (D) Allow or enable a third party to violate FGI's rights to the Software.

2.5. Damage

User agrees that in the event that this agreement is violated, FGI would be irreparably damaged if they were not granted injunctive relief against further use of the Software, to have unauthorized copies of the Software destroyed and to prohibit the use of any product made using unauthorized copies of the Software.

2.6. No warranty

FGI does not make any expressed or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non- infringement of the implied title of merchantability or fitness for a particular purpose) with regard to the software, and FGI shall not be liable for any cost or damage arising either directly or indirectly from the installation and use of the software. FGI does not make any warranty concerning the performance or results you may obtain by using the software documentation or suggestions of their use by FGI.

FGI does not warrant the software will be error-free or that defects in the software will be corrected.

In no event will FGI be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profit, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the software or the media on which the software is recorded, even if FGI or their authorized representatives have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, the liability of FGI is limited to the greatest extent permitted by law.

2.7. Governing Law

This agreement will be governed by the laws of France.

2.8. Modification

This agreement can not be modified except in writing signed by an authorized officer of FGI. However, if any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

2.9. Export

User agrees not to ship or export the Software into any country or use the software in any manner that would violate French Export law, restrictions or regulations.

The LiveEdit Software is copyright ©2015-2020 Factory Group Invest SASU
All rights reserved
Unpublished rights are reserved under copyright laws by Factory Group Invest SASU

For technical support or further information about this software please contact the LiveEdit team at contact@liveedit.app

Factory Group Invest SASU
22 avenue de Saint Ouen
75018 Paris
France
Siret : 75329327300011