Livecast

Terms

Livecast Terms of Service These Terms of Service apply exclusively to Livecast’s services. 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. 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.

Section 1 — Definitions

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

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. 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. 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.

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. You will at all times provide Livecast in good time with any data or information necessary to allow proper providing of the Livecast service. 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. You agree not to resell the Livecast service to any third party. 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. 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). 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). 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. 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. 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. 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.

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.

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. 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. 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. You can only make use of the Livecast service when your account has a positive and sufficient credit balance.

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.

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. 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.

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. 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. 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. 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. 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.

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. 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.

Section 11 — Term and Termination

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. 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. 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. 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.

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).

Section 13 — Governing Law

The Agreement shall be governed by the laws of the Province of British Columbia, Canada. All disputes that may arise under or in connection with the Agreement shall be exclusively submitted to the competent Court within British Columbia, Canada.

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. 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. 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.