Terms of Service
Live Show Control
Terms of Service
This website is operated by Live Show Control LLC. At heart, Live Show Control LLC is a technology company that develops and sells innovative products for live performance shows and performers. Throughout the site, the terms “we”, “us” and “our” refer to Live Show Control LLC. Live Show Control LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
These Terms also govern the sale and use of the Live Show Control and third-party products made available through the Website (“Products”), regardless of the date of purchase. Please note that Products often include a combination of hardware, materials or accessories, and embedded firmware and other software code.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PLEASE NOTE: Your access to and use of the Website and Products are subject to these Terms, as well as all applicable laws and regulations. Please read these Terms carefully. If you do not accept and agree to be bound by these Terms, you are not authorized to access or otherwise use the Website or purchase or use any Product. By using the Website, by clicking to accept or agree to the Terms, or by purchasing or using a Product, you accept and agree to be bound by these Terms. You and Live Show Control LLC acknowledge that you both have entered into these Terms in consideration of the mutual covenants in these Terms and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. If you do not want to agree to these Terms, you must not access or use the Website or purchase or use any Products.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - CHANGES TO THE TERMS
Live Show Control LLC may update these Terms from time to time without advance notice by posting the revised Terms here. Your continued use of the Website after the Terms are updated will constitute your acceptance of the updated Terms. You are encouraged to review the Website and these Terms periodically for updates and changes. If you do not agree to the updated Terms, you must stop using the Website, and using or purchasing Products. Unless otherwise indicated, any new content, Products or services added to the Website will also be subject to these Terms effective upon the date of the addition.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCESSING THE WEBSITE
We reserve the right to withdraw or amend this Website, and any Products or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is, or if any Products are, unavailable at any time or for any period or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. If you choose or are provided with, a user name, password, or any other piece of information as part of our login or checkout procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We may disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
SECTION 5 - USAGE DATA
SECTION 6 - PURCHASES
If you purchase any Products, you agree to allow Live Show Control LLC’s payment affiliates or service providers to process and store your payment card information. You also agree to pay the applicable fees for the Products as they become due plus all related taxes and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are non-refundable. Please note that some Products may not be available in all jurisdictions.
SECTION 7 - INTELLECTUAL PROPERTY OWNERSHIP
Live Show Control LLC (or its licensors or vendors) own all intellectual property rights and associated know-how in and to the Website and Products (including all hardware, software, contents, features, functionality, text, displays, images, video, audio, and the design, selection, and arrangement of those things). The Website and Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Live Show Control LLC grants Product purchasers a limited, personal, non-transferable, non-sublicensable right and license to use the intellectual property contained in the Products in accordance with these Terms.
You may use the Products for personal enjoyment and in public performances.
You shall not copy, reproduce, reverse engineer, decompile, disassemble, distribute, modify, adapt, disclose the functionality or operation of, or create derivative works of any Product, or develop products designed to mimic the features or functionality of, or effects or illusions created by, the Products. Among other things, this means that you may not circumvent the normal operation of the Products (e.g., by decoding the wireless communication encoding included in certain Products) or disclose how the Products work.
Also, you must not reproduce, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
Under no circumstances will you acquire any ownership rights or other interest in any content on this Website or the intellectual property rights in the Products by or through your use of the Website or purchase of a Product (except for the limited license in the preceding paragraph). The Live Show Control, MediaStar Pro, and EzDMX name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Live Show Control LLC or its affiliates or licensors. You may not use those names or marks without Live Show Control LLC’s prior written permission. All other names, trademarks, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners and are not affiliated with Live Show Control LLC.
SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 9 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 10 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 12 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 13 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 - PERSONAL INFORMATION
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - PERMITTED USES
You may use the Website and Products only for lawful purposes and in accordance with these Terms. You agree that you will not (a) use the Website or Products in any way that violates any applicable federal, state, local, or international law or regulation, (b) use the Website or Products for any unauthorized, fraudulent, or malicious purpose, (c) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Products, or which, as determined by us, may harm Live Show Control LLC or users of the Website or Products or expose them to liability, (d) use the Website in any manner that could disable, overburden, damage, or impair the site, (e) use any robot, spider, scraper, bot or other automatic device, process, or means to access the Website for any purpose, including monitoring, scraping, framing or copying any of the material on the Website, (f) access systems, data or information not intended by us to be made accessible to a user, (g) obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (f) use the Website or Products for any use other than the business purpose for which it was intended.
SECTION 18 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 - LIMITED WARRANTY AND DISCLAIMER
Live Show Control LLC warrants to you that the Products will be free from material defects in materials or workmanship for three years from the date of purchase. If your Product is defective, please contact Live Show Control LLC (see the How to Contact Live Show Control LLC section below) to arrange for return of your Product, at your expense. If we determine that the Product is defective following return of the Product, we will (as our sole and exclusive obligation and your sole and exclusive remedy) provide you with a replacement Product at no cost. EXCEPT FOR THE LIMITED WARRANTY IN THIS SECTION, YOUR USE OF THE WEBSITE AND PRODUCTS IS AT YOUR SOLE RISK, AND ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. LIVE SHOW CONTROL MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LIVE SHOW CONTROL LLC MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR PRODUCTS ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY PROBLEMS WILL BE CORRECTED. NO LIVE SHOW CONTROL DEALER, AGENT, DISTRIBUTOR OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Live Show Control LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 20 - LIMITATION OF LIABILITY; INDEMNIFICATION
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT OR OTHERWISE, WILL LIVE SHOW CONTROL OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, FAILURE OR MALFUNCTION OF A PRODUCT, OR (B) ANY AND ALL OTHER DAMAGES OR LOSSES IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO LIABILITY, EVEN IF LIVE SHOW CONTROL HAS BEEN INFORMED OF THE POSSIBILITY OF HIGHER DAMAGES.
You agree to defend, indemnify, and hold harmless Live Show Control LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Products.
SECTION 21 - ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
SECTION 22 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 25 - GOVERNING LAW
These Terms, and any disputes arising out of them are governed by the laws of the State of California. You and Live Show Control LLC agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of California, USA. You and Live Show Control LLC expressly disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or otherwise contrary to applicable law, you and Live Show Control LLC intend that all remaining provisions of these Terms remain in full force and effect. For example, if a limitation or restriction is unenforceable, we both intend for all remaining limitations and restrictions to continue to bind us.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org