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Terms Of Use

Terms of Service & Use

Lead Symphony, Inc. - Terms of Service & Use

Last Updated: January 21, 2021

Definitions

The Lead Symphony Marketing Software (LSMS) Service Terms below govern your use of the Services. For purposes of these Service Terms, “Your Content” includes any “Company Content” and any “Customer Content,” and “LSMS Content” includes “LSMS Properties.”

  • Lead Symphony Marketing Software shall be referred to as LSMS. 

  • Terms that begin with the word “your” shall refer to any content, data or website that is maintained by you independently of or in conjunction with LSMS.

  • End-user shall refer to your customer or potential customer.

  • The LSMS website and its owners and/or operators are parties to this agreement and are sometimes referred to as "LSMS Website." 

  • User or Visitor shall refer to individuals or entities using the LSMS website, or the websites of its customers.

  • Stories shall refer to pages created using the LSMS system. 

  • Service or Services shall refer to goods, deliverables, and processes performed or delivered by the LSMS system.

  • TOS shall refer to Terms of Service.

  • LeadSymphony.com refers to the principal website owned and operated by LSMS.

1. General Universal Service Terms (Applicable to All Services, Sites and Properties of LSMS, its clients, end-users or contractees)

LEAD SYMPHONY MARKETING SOFTWARE (LSMS), THE LSMS WEBSITE, AND LEADSYMPHONY.COM REQUIRE CONSIDERATION FOR, AND AS A CONDITION OF, ALLOWING YOU ACCESS TO CONTENT AND ASSETS HOSTED BY LSMS. READING AND ACCEPTING THE TOS, AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF LSMS, ARE REQUIRED CONSIDERATIONS FOR LSMS GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT. ALL PERSONS ARE DENIED ACCESS TO THE LSMS SITE UNLESS THEY READ AND ACCEPT THE TOS AND THE PRIVACY POLICY. BY VIEWING, VISITING, USING, OR INTERACTING WITH LSMS OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TOS POLICY AND THE PRIVACY POLICY OF LSMS.

LSMS RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, LSMS IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES. LSMS MAY ALSO STORE DATA SNIPPETS, COLLECTIVELY KNOWN AS COOKIES, ON THE USER OR END-USERS EQUIPMENT, AS ALLOWED BY THE ACCEPTANCE OF COOKIES THROUGH YOUR LOCAL PREFERENCES. THE TOS AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW LSMS, TO KEEP THEMSELVES INFORMED OF CHANGES. 

PARTIES TO THE TOS AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," “Users,” or “End-Users,” are parties to this agreement.

USE OF INFORMATION FROM LSMS WEBSITE

Unless you have entered into an express written contract with LSMS to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website, you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of USD $100,000 in addition to costs and actual damages for breach of this provision.

Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance. 

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. 

HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.

You hereby agree to liquidated damages of USD $100,000, plus costs and actual damages, for violating this provision. 

DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. 

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk. 

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at own risk. The website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. 

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the LSMS Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all. 

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. 

"Submissions" is also a provision of the Privacy Policy. 

NOTICE

No additional notice of any kind for any reason is due to the Visitor, and the Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website. 

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and TOS issues. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of LSMS. 

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses. 

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise specified herein. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the LSMS address. 

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the LSMS residence. Arbitration or Mediation will always be sought as first recourse to settle any disputes. 

PROVISIONS

1.1. You may not transfer outside the Services any software (including related documentation) that you obtain from us or third party licensors in connection with the Services, without specific authorization to do so.

1.2. You are responsible for the content posted onto your website using LSMS.  This responsibility can include, but is not limited to, any copyright materials, any copyright or trademarked materials that you procure from the internet, any photos or videos that your company compiles of others properties, or any illicit materials that are not recommended for all viewing audiences.  Any materials deemed not to be suitable for the audience of the LSMS platform can be removed at the discretion of LSMS personnel.

1.3. You will control your content through the LSMS platform as a customer under the Terms of Service.  The content will be stored to LSMS servers and distributed to your website via DNS link.  If your account is ever terminated the contents of your Lead Symphony account can remain on your website for a yearly server cost of $250.  If this fee is not paid within 30 days of termination of service with Lead Symphony, LSMS will save materials from your account and send you the raw data dump created by your company and delete the DNS link to your site and the content created.  This DNS delete will permanently disable the layout supported by the Lead Symphony platform on your website. 

1.4. LSMS is NOT intended to be used with any other software platforms or packages without written permission from the LSMS development team.  YouTube videos, Vimeo videos, and photos that have been edited or altered are acceptable to load onto your LSMS account, and will be embedded via URL whenever available.

1.5. You are responsible for the content on your website.  This includes the accidental or intentional deletion by your staff.  LSMS is not responsible for any deleted materials, content, or web pages by your company staff for any reason.  You can assign different user permissions for your staff to control the amount or type of content that they are able to modify or delete.

1.6. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and LSMS account. We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance).

1.9. LSMS’s account owner will be the individual who set up the account.  The email address associated with the account will be considered the account administrator.  This account will have full user permissions over the company account.  USER ROLES can be modified at any time by an administrator in case a user needs more or less permissions.  USER ROLES offered on the LSMS platform shall be OWNER, ADMINISTRATOR, EDITOR.

1.10. Payments made to LSMS shall be on a monthly basis unless otherwise stipulated.  The account will be billed upon scheduled dates of billing and automatically withdraw money from the account owner’s check card, credit card, or ACH.  Payment methods subject to change at the discretion of LSMS but no less than 10 days notice will be provided to customers.

1.11. Payment Currency

LSMS payment currency is calculated in USD.  You shall be responsible for any conversion rates to USD.

1.12. LSMS Hosting / AWS

1.12.1. Your website hosting responsibility belongs solely to your company. LSMS will host data that is created, collected or modified to be used in LSMS stories. Your youtube, vimeo, or other video hosting account responsibility belongs solely to your company. You will publish videos to LSMS by use of a URL embed, originating from your independent video hosting account. 

1.12.2. LSMS utilizes AWS (Amazon Web Services) for cloud hosting. AWS is the world’s most universally recognized cloud hosting platform, and is serviced by more than 175 data centers globally. All content stored on LSMS servers is required to adhere to and be publishable under the AWS TOS, in addition to LSMS TOS. Any contention or concern will refer to the actual TOS that it violates.

1.12.3. Cloud hosting creates a copy of data and stores it at various locations around the world. The data is then served to end-users by the closest and fastest available means. Cloud hosting utilizes a caching system. Updates to your content on the LSMS system are generally virtually instantaneous,  but some delays in updates may occur. These delays will be resolved as soon as the server cache clears. LSMS is not responsible for delays in updates resulting from AWS’s cloud hosting platform.

1.13. Privacy

Your data and assets will be held privately. You and you alone have the discretion to change the viewing capabilities from private to public. LSMS will never share or utilize your data without you first making it public.  

1.14. Location Services

Location Services refers to the ability of a computer, tablet, phone or other device to utilize the physical map location of the end-user. Ability to utilize location services will always be determined by the end-user, according to the permissions they allow from their device. When applicable, location services determine locale in the following order 1) end-user’s location 2) your location 3) LSMS location. Data and query responses will be determined in the most meaningful way for your end-user.

1.15. Fraud

Any fraud or malicious usage will result in immediate termination of your account, with LSMS holding no liability for your data. Penalties under law will be sought wherever and whenever applicable, at the sole-discretion of LSMS personnel. 

2. Betas and Previews

This Section describes the additional terms and conditions under which you may (a) access and use certain features, technologies, and services made available to you by LSMS that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental”, and any related LSMS Content (each, a “Beta Service”) or (b) access and use Services and any related LSMS Content available in LSMS regions that are not generally available, including, but not limited to, any LSMS regions identified by LSMS as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”). Users, Customers, Visitors, or End-users will make reasonable effort to notify LSMS in the event of a problem with a Beta feature. Note: In the event that LSMS releases an “ALPHA,” a pre-beta feature, the same terms and conditions applying to BETAs or PREVIEWs shall apply. 

3. LSMS Termination

3.1. Either you or LSMS may terminate your LSMS account. LSMS will maintain and protect your data on LSMS servers, with the understanding that your content will not compromise, weaken and bypass security features of the LSMS servers. LSMS may take any content offline that appears to modify the LSMS servers or website system. 

 

3.2. You may terminate your LSMS account with 30 days notice in writing to email elly@leadsymphony.com.  Or by using the cancel button on LSMS website.  This cancel button does not automatically delete or terminate the DNS link or content created on your account.  An LSMS account representative will contact you within 48 hours to cancel your account by the safest means possible. 

 

3.3. You may elect to terminate your active publishing billing. In the event that you elect self-termination, your data may be removed from LSMS servers 60 days after your notice of termination unless otherwise agreed to be maintained with LSMS.

 

3.4. You may elect to keep your previous data published at a yearly cost of $250. These costs may depend on the amount of data you store on LSMS servers. In the event that you elect to keep your previous data published, LSMS will continue to serve this data to your website, but you will no longer be able to create new content inside the LSMS system. In plain language, you can keep you previously posted job pages, while declining active publishing, at a reduced monthly cost.

 

3.5. LSMS may modify data service prices over the course of time. Data service prices will be delivered at competitive monthly rates lower than the existing active publication prices. 

4. LSMS Guarantee & Refund Policy

LSMS offers a 45-day money back guarantee. This guarantee assumes that you will actively produce, edit, and upload content to your LSMS account. By using the site, you agree to provide your best efforts in creating content for your LSMS database. Furthermore, both you and LSMS agree that it takes time for content to be found, indexed and ranked by search engines. If you do not produce LSMS content during the first 10 days of your first training session with LSMS account representative, the LSMS Guarantee & Refund is void. LSMS may extend this guarantee and refund period at its own discretion.

5. LSMS Limitation of Liability

5.1. LSMS limits its liability to the functionality of LSMS in creating pages, publishing to your website, storing data, protecting data privacy and the security of LSMS website. By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

 

5.2. OUR LIABILITY TO YOU, AND TO THIRD PARTIES, UNDER THIS AGREEMENT AND FOR ANY CLAIM BASED ON ANY LEGAL THEORY, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US IN THE THIRTY DAYS PRIOR TO ANY DAMAGE OCCURRING.

 

5.3. UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US. 

5.4. YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.

5.5. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Client Website Security (Your site security)

LSMS assumes no responsibility for your website security. LSMS data is hosted on LSMS servers, and LSMS assumes responsibility for said data. Your site security must include a secure server certificate that results in the “https://” prefix for your website. If your site security does not include this prefix, LSMS cannot predict, warranty, or be responsible for security of data, nor can LSMS predict the response that search engines will have to that data. If your site security does not include the “https://” prefix, LSMS avers that your search engine rankings will be affected negatively and receive lower placement in search engine placement. 

7. LSMS Database Storage (LSMS DB)

If during the previous 6 months you have incurred no fees for LSMS DB and have registered no usage of Your Content stored in LSMS DB, we may delete Your Content that is stored in DB upon 30 days prior notice to you. Users who pay annual storage fees are exempt from this provision, providing that annual storage fees are current. 

8. LSMS Server, AWS and Autoscaling

LSMS Server collects and stores certain information for the Services you are monitoring, including CPU utilization, data transfer, and disk usage and activity (collectively, “Metric Data”). Metric Data may be used by LSMS or AWS to maintain and provide the Services (including development and improvement of the Services).

9. Eligibility and Identification

The Services are intended for use by users of at least eighteen (18) years old. If you register for LSMS, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.

10. Your Promise to LSMS

10.1. You will comply with all applicable laws, rules, and regulations of the country or state your business resides within.  LSMS is not responsible for direct actions taken by customers or end users that are prohibited by law.

10.2. You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo. Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.

10.3 You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.

10.4. Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.

10.5. Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.

10.6. Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.

10.7. YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.

If you have any further questions or require further clarification, please contact us by sending an email to Elly@leadsymphony.com

11. LSMS Simple Notification Service (LSMS SNS) 

11.1. Fees for LSMS SNS (simple notification service) will apply regardless of whether delivery of your notifications is prevented, delayed, or blocked due to reasons outside of our control.

11.2. You may not use LSMS SNS to send SMS messages that include Premium Content (as defined in the Mobile Marketing Association Guidelines). You may not charge recipients for receiving LSMS SNS notifications by SMS unless you have obtained the recipient’s express consent. You must advise recipients receiving LSMS SNS notification by SMS that telecommunications providers may charge the recipient to receive LSMS SNS notifications by SMS. You are responsible for ensuring you have all necessary terms in place with push notification service providers, including terms necessary to comply with data protection laws.

You must obtain our prior written consent before using LSMS SNS to send SMS messages for:

  • financial transactions or payment services (e.g., mobile banking, bill presentment, bill payment, money transfer, peer-to-peer payment or lending credit, debit or stored value payment services);

  • charitable programs (e.g., soliciting donations for a non-profit organization);

  • sweepstakes or contests;

  • advertisements or promotions for commercial products, goods, or services; or

  • location-based services (e.g., where a recipient receives messages based on the geographical location of the recipient’s wireless device).

11.3. We may change, discontinue, or deprecate support for a third party push notification platform at any time.

11.4. Through your use of LSMS SNS you will not:

  • Transmit any material that contains viruses, Trojan horses, worms, or any other malicious or harmful programs.

  • Offer or purport to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points, such as 911 or E911 services.

  • Materially violate or facilitate the material violation of any local or foreign law, rule, regulation, or order, including laws regarding the transmission of data or software.

  • Transmit material that is sexually explicit, relates to “adult services”, or contains sensitive financial or identifying information (such as social security numbers)

  • Resell, sublicense, or timeshare the Services, or use them on behalf of anonymous or other third parties.

  • Use the Services in hazardous environments (such as operation of nuclear facilities, aircraft navigation, or any other use that may result in foreseeable risk of injury, death, or destruction of property).

12. LSMS Identity and Access Management (IAM)

12.1. We may change user credentials created by you using IAM if we determine in our reasonable discretion that a change is necessary for the protection of your LSMS account and resources, and we will promptly notify you of any such change.

12.2. We may change, discontinue, or deprecate support for any third-party identity provider at any time without prior notice.

13. Domains & Website URLS

13.1. LSMS Domains: Any domain registered and hosted by LSMS is the property of LSMS. You may only use these domains as allowed through your LSMS agreement.  Derivations by customers of domains created or registered by LSMS or any other Trademarked domains is strictly prohibited.  Example Uber-knoxville.com would be considered a derivation of the Uber domain name and is prohibited on LSMS.  The responsibility for verifying Trademark or intellectual property falls to the customer.

 

13.2. Your domains: Any domain registered by you is your property. LSMS is not responsible for any dispute arising out of course of usage, registration, or maintenance of these domains. 

14. LSMS Email & Simple Email Service (SES)

14.1. Like many email service providers, to increase the security and reliability of email you send, attempt to send, or receive using SES (“SES Email”), we (or our third-party providers) may store and scan your SES Email and Your Content included in SES Email to protect you and SES by preventing and blocking “spam” emails, viruses and spyware, and other harmful or unwanted items from being sent and received over SES.

14.2. We may suspend or terminate your access to SES, or block or decline to send or receive any SES Email, if we determine that:

  • our scan of SES Email or Your Content included in SES Email reveals abusive or low quality email (such as “spam”),

  • SES Email bounces back to us or we receive abuse complaints (including complaints from third parties) in connection with your SES Email, or

  • the source or ReturnPath email address you have provided us for “address bounces” or complaints is not successfully receiving email.

14.3. If your SES Emails are blocked, delayed, or prevented from delivery by reasons outside of our control, your payment obligations continue.

14.4. LSMS is not the “sender” as defined in the CAN-SPAM Act or similar applicable law.

15. LSMS Secondary and/or Tertiary Software

You may not access or tamper with any software we install on the cache nodes as part of the LSMS system. Your usage of this software is limited to the terms of your account with LSMS. 

16. LSMS Data Pipeline

Your use of the LSMS Data Pipeline is limited to the terms of your account and is only permitted during the delivery of data through the normal LSMS operational efforts. Any scraping of data, republishing without permission, or embedding of code into websites other than your own is prohibited. 

17. LSMS Content

17.1. We may delete, upon 30 days’ notice to you, any of Your Content uploaded to LSMS servers if it has not been run for more than 3 months, and the account is in a payment default status. You may only use LSMS servers to store LSMS created data. Any other use, including but not limited to, using LSMS server storage for the purpose of hosting generally accessible content for download or storage, is not permitted and may result in us deleting Your Content.

17.2. Cloud hosting creates a copy of data and stores it at various locations around the world. The data is then served to end-users by the closest and fastest available means. Cloud hosting utilizes a caching system. Updates to your content on the LSMS system are generally virtually instantaneous,  but some delays in updates may occur. These delays will be resolved as soon as the server cache clears. LSMS is not responsible for delays in updates resulting from AWS’s cloud hosting platform.

18. LSMS Content and Your Content

The distribution of files created by LSMS system may require that you obtain license rights from third parties, including owners or licensors of certain third party audio and video formats. You are solely responsible for obtaining such licenses and paying any necessary royalties or fees.

19. Outside Service Providers

19.1. Outside Service Providers (“Providers”) offer their services (“Provider Services”) as independent contractors, and are not employees of you or us. LSMS is not a party to the agreement between you and any Providers for their Provider Services, is not responsible or liable for Provider Services, and does not guarantee the quality or accuracy of Provider Services. For avoidance of doubt, any certification that a Provider obtains from us only certifies that the Provider has passed a test intended to evaluate the Provider’s proficiency and understanding of a particular LSMS Service or area of knowledge to which that certification relates, and is not a guarantee that the Provider Services will be performed at any particular level of quality, speed, or to your specific requirements.

19.2. You acknowledge and agree that we may use information from LSMS listings, proposals, chat communications, and additional terms proposed or agreed to between you and Providers on LSMS to develop and improve the quality and feature set of LSMS. 

19.3. If you choose to grant Providers access to your LSMS account, you are solely responsible and liable for (a) any actions taken by the Provider in your account; (b) the Provider’s use of Your Content or use of the Services or LSMS Content; (c) ensuring the Provider complies with your obligations under the Agreement, the Acceptable Use Policy, any other Policies, and applicable laws; (d) ensuring the Provider does not use the Services or LSMS Content in any manner or for any purpose other than as expressly permitted by the Agreement; and (e) ensuring Provider does not attempt to (i) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any LSMS Content or other Content included in the Services (except to the extent Content included in the Services is provided to you under a separate license that expressly permits the creation of derivative works), (ii) reverse engineer, disassemble, or decompile the Services or LSMS Content or apply any other process or procedure to derive the source code of any software included in the Services or LSMS Content (except to the extent applicable law doesn’t allow this restriction), (iii) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (iv) resell or sublicense the Services or LSMS Content. You will immediately revoke Provider’s access to your LSMS account if you become aware of any violation of your obligations under the Agreement caused by a Provider with access to your LSMS account. If you use LSMS’s feature that allows you to grant a Provider access to your account, LSMS may, but is not obligated to, review activities in your account for security purposes, and may revoke the Provider’s access at any time.

19.4. You release us (and our agents and employees) from claims, demands, and damages (actual or consequential) of any and every kind and nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the LSMS system.

 

20. Amending the TOS for LSMS

20.1. We may update this document from time to time. No update shall have a retroactive effect.

20.2. When we update significant terms, we shall notify you via email. If you continue to use our website and Services following such update, you agree to be bound by the new terms. 

20.3. If you believe that any amendment to the TOS impairs your right to use purchased products or services in a manner that affects your business or rights materially, inform LSMS support staff, and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.