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Livecast Terms of Service
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| These Terms of Service apply exclusively to Livecast’s
services.
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| Please note that you are not allowed to use the Livecast services
in territories where offering or using such services is forbidden by law.
By agreeing to this Terms of Service, you will have explicitly agreed that
you have verified in your own territory if the offering and use of such services is allowed.
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| Livecast will proactively support law enforcement and other government agencies in all global jurisdictions in efforts to prosecute users who utilize Livecast to engage in any forms of illegal behavior.
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| Section 1 — Definitions
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These words have the following meanings in this agreement, either in the
singular or in the plural form.
Account: refers to the ability to use the Livecast service;
Livecast service: means the service provided by Livecast which allows
subscribers to notify and provide IP video broadcasting ( or “IPTV”) to
End-Users and for which Livecast receives payment;
Password: refers to an alphanumeric code you have chosen which, in
combination with the Username, gives you access to your Account;
Username: refers to an identification name you selected, which in
combination with the Password, gives access to your Account;
Livecast: refers to the entity LCM Livecast Media, Inc. with its address at
#555 - 1111 W. Hastings St., Vancouver, BC, Canada V6E 2J3;
Subscriber: means a subscriber of the Livecast services;
End-User: refers to the end user or viewer who is watching a Livecast
video broadcast via an IP network connection
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| Section 2 — General Provisions |
| Livecast shall endeavor to provide the Livecast services with minimum disruptions.
However Livecast cannot guarantee that the Livecast or the service will always
function without disruptions, delay or other imperfections. Since the Livecast
service will be transmitted through public Internet lines and the public wireless
network, you understand and agree that you may experience some disruptions in the
Livecast service, e.g. packet loss and delay. Additionally, you also understand
and agree that transmissions to or from the public wireless network are not encrypted
and as such, could be potentially subject to eavesdropping by law enforcement officials
or other third parties over the public Internet. Additionally, you also understand and
confirm that you are 18 years of age or older.
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| Livecast is entitled, without any liability, to refuse, limit, suspend and/or
interrupt the Livecast service, for any reason whatsoever, at its own
discretion and without any notice to you.
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| Livecast is not responsible for the communication transmitted through the
Livecast services. However, by accepting this Terms of Service, you agree
to use the Livecast service only for lawful purposes.
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| Section 3 — Your Cooperation |
| You will use the Livecast service in accordance with these Terms of
Service, the End User License Agreement and the relevant legislation.
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| You will at all times provide Livecast in good time with any data or information
necessary to allow proper providing of the Livecast service.
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| If any data required for the providing of the Livecast service are not
available to Livecast or not available in good time or not in accordance with the
arrangements, or if you do not fulfil your obligations in any other way, Livecast
will be entitled to suspend the provision of the Livecast service.
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| You agree not to resell the Livecast service to any third party.
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| You agree to indemnify, hold harmless and defend Livecast at your expense, against
any and all third-party claims, actions, proceeding and costs, including but
not limited to reasonable attorney’s fees, incurred by Livecast arising out of or
relating to your violation of the Terms of Service, the agreement, applicable
law, or rights of any third parties and/or the misuse of the Livecast
service.
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| You agree not to transmit any content that you do not expressly own all
ownership title to and all related copyright rights to. Further, you may not
transmit any content that is claimed or may be cllaimed by a third party as
being their property (whether in whole or in part).
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| You agree not to utilize Livecast to create and/or distribute prohibited content,
including but not limited to:
child pornography/abuse;
dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
unlawful, obscene, defamatory or libelous material; or
bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).
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| Failure to abide by this rule will result in the immediate termination of your account;
Livecast will not be held liable in such instances for loss of any video assets associated
with your account. |
| Section 4 — Username, Password and Account |
| In order to make use of the Livecast service, Livecast will grant you a
Username, Password and Account.
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| You are solely responsible for maintaining the confidentiality of your Username
and Password. You are responsible and liable for all activities conducted
through your Username, Password and Account, even if this occurs without your
permission.
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| You agree to immediately notify Livecast in writing of any unauthorised and/or
fraudulent use of your Username, Password and/or Account. You agree to
indemnify Livecast against any and all third party claims and all related
liabilities arising out of, or relating to, the use of your Username, Password
and Account.
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| Livecast reserves the right to change your Username or Password if this is in the
interest of the functioning of the Livecast service or to prevent
fraudulent use of the Livecast service.
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| Section 5 — Account Balance |
| All credit balances on your Account are non-refundable. Notwithstanding the
foregoing, Livecast will refund a credit balance, deposited by you through credit
card, in the event you terminate your Account.
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| Section 6 — Tariffs and Payment |
| For credits for the Livecast service purchased, you shall pay Livecast the
tariffs as stated on the website www.livecast.com. Unless stated otherwise, all
tariffs and charges shall be stated in US dollars and shall be exclusive of
value added taxes (VAT) or any other applicable taxes.
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| Livecast reserves the right to change the tariffs at any time by giving notice on
the website www.livecast.com. If you do not wish to accept such adjustment of
tariffs, you are entitled to terminate your Account, by written notice, with
effect from the date on which the adjustment of tariffs would become effective.
You agree that by continuing to use the Livecast service following the
adjustments of the tariffs, you accept such adjustments.
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| In the event you believe that Livecast has charged you in error, you must contact
Livecast’s customer services within 90 days after such charge. Refunds or
adjustments will not be given for any charges which are more than 90 days old.
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| You can only make use of the Livecast service when your account has a
positive and sufficient credit balance.
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| Section 7 — Privacy, Personal Data and Traffic Data |
| Livecast is committed to respecting your privacy and the confidentiality of your
personal and traffic data. The Privacy Policy for Paid Services, published on
Livecast’s website www.livecast.com, applies to the use of personal data and the
traffic data, as well as the confidential information transmitted via the
Livecast services.
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| Section 8 — Intellectual Property Rights |
| All intellectual property rights regarding the Livecast service, including
but not limited to the software and documentation that is used therefore
developed and/or owned by Livecast shall be and shall remain the sole property of
Livecast. The providing of the Livecast services does not imply any transfer
of intellectual property rights.
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| You shall only obtain a non-exclusive and non-transferable right for the use of
the Livecast services for the agreed objectives. You commit yourself to
adhere strictly to any conditions laid down in the Terms of Service or imposed
in any other way.
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| Section 9 — Limitation of Liability |
| In the event of Livecast being in breach of any of its obligations towards you
under the agreement, Livecast will accept liability to pay damages only to the
extent as laid down in this Section 9.
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Livecast can only be held liable for direct damages resulting from an attributable
failure to perform its obligations under the agreement. Direct damages in this
respect exclusively mean:
a. all reasonable costs incurred by you in order to have Livecast perform
its obligations under the agreement;
b. all reasonable costs incurred by you in order to prevent or limit any
direct damages as meant in this Section;
c. all reasonable costs incurred by you in order to establish the nature
and scope of the direct damages as meant in this Section.
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| The direct damages as meant in this Section shall be limited to the amount the
amount actually paid by you for the Livecast service during the year in
which such damages occur. In no event, however, shall the total compensation
for any direct damages exceed 500 US dollars.
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| To the maximum extent permitted by applicable law, in no event shall Livecast be
liable for any special, incidental or consequential damages whatsoever
(including but not limited to, damages for loss of profits or confidential or
other information, for business interruption, for personal injury, for loss of
privacy arising out of or in any way related to the use of or inability to use
the Livecast service), even if Livecast has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
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| The above limitation of liability in Section 9 shall cease to apply if and
insofar as the loss is due to Livecast’s wilful intent or gross negligence.
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| Section 10 — Loss of Service Due to Force Majeure |
| You acknowledge and understand that if the Livecast service does not function,
Livecast will not be in breach of any of its obligations towards you under the
agreement in the event of a force majeure event. A force majeure event means
any event beyond the control of Livecast including, but not limited to, an act of
God, insurrection or civil disorder, war or military operations, national or
local emergency, power outage or Internet service disruption, flood,
subsidence, or weather conditions of exceptional severity.
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| In the event Livecast is affected by a force majeure event, it shall promptly
notify you of the estimated extent and duration of its inability to perform or
delay in performing its obligations, on a best efforts basis.
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| Section 11 — Term and Termination
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| The agreement will be effective as of the date you accept the agreement, and
will remain effective until terminated by either party as set forth in this
Terms of Service.
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| You may terminate this agreement at any time, under the conditions provided
herein. Livecast may terminate this agreement at any time, with or without cause,
by providing notice to you and/or preventing your access to your account and to
the Livecast service.
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| Upon termination of the agreement for any reason all licenses and rights to use
the Livecast service shall terminate and you will cease any and all use of
the Livecast service.
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| All provisions which must survive in order to give effect to their meaning
shall survive any expiration or termination of this agreement, including
without limitation, all of your representations, warranties and indemnification
obligations.
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| Section 12 — Assignment |
| You may not assign, or otherwise transfer, the agreement, or any rights or
obligations hereunder without the other party’s written consent (which consent
shall not be unreasonably withheld or delayed).
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| Section 13 — Governing Law |
| The Agreement shall be governed by the laws of the Province of British
Columbia, Canada.
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| All disputes that may arise under or in connection with the Agreement shall be
exclusively submitted to the competent Court within British Columbia, Canada.
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| Section 14 — Miscellaneous |
| Livecast may modify these Terms of Services at any time by publishing the revised
Terms of Services on the website www.livecast.com. If you do not wish to accept
these revised Terms of Service, you are entitled to terminate your Account, in
writing or by e-mail to support@livecast.com, with effect from the date on which
the revised Terms of Service would become effective. You agree that by
continuing to use the Livecast service following the publishing of the
revised Terms of Service, you accept these Terms of Service.
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| Livecast reserves the right to adjust the Livecast service at any time, for
example to conform with legal and regulatory obligations. If you do not wish to
accept these adjusted Livecast service, you are entitled to terminate your
Account, in writing or by e-mail, with effect from the date on which the
adjusted Livecast will be provided.
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| The invalidity or unenforceability of any provision of the Terms of Service
shall not affect the validity or enforceability of the remaining provisions of
this Terms of Service. In the event of any provision of the Terms of Service
being determined to be invalid, unlawful or unenforceable to any extent,
parties shall agree upon a new provision that is to approximate the contents
and scope of the original provision.
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