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
#700 - 1311 Howe St., Vancouver, BC, Canada V6Z 2P3;
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 Cooperatio
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 fulfill 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 claimed 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 unauthorized 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.
Section 5 — Enforcement of Digital Rights
You may not broadcast, post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of LiveCast to terminate the account of any member who repeatedly infringes the intellectual property rights of others upon receipt of proper notification to LiveCast by the owner of the intellectual property or such owner’s legal agent.
You acknowledge that LIVECAST may be or become legally obligated to forward to its subscribers any allegations of infringement received from rights holders and that LIVECAST could also be obliged to keep a record of the information that would enable the identification of a subscriber engaged in alleged infringing activity and to provide such information as may be required by law.
If you are a copyright owner in the United States or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (’’DMCA’’) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LiveCast’s designated Copyright Agent to receive notifications of claimed infringement is: Paul D. Gornall, Lawyer - Reg'd Patent & TM Agent, 1820 - 355 Burrard Street, Vancouver, B.C. V6C 2G8; email pdg at telus.net. For clarity, only DMCA notices should go to the Copyright Agent with copy sent to report at livecast.com. All other feedback, comments, requests for technical support, and other communications should be directed to LiveCast customer support through report at livecast.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
In instances where a non-U.S. copyright holder wishes to avail himself of the DMCA system on the basis that an infringing LIVECAST subscriber is a U.S. resident or defendant, the then applicable Canadian regulations may supersede procedures under the DMCA. Notification pursuant to the DMCA in such instances may be submitted to LIVECAST, which would, subject to such applicable regulations, follow the DMCA process.
Section 6 — Counter-Notice
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Provincial court in British Columbia, Canada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, LiveCast may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LiveCast’s sole discretion.
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 — LiveCast Service 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 NO EVENT SHALL LIVECAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE LIVECAST SERVICES, INCLUDING WITHOUT LIMITATION: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LIVECAST WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LIVECAST SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LIVECAST TERMS OF SERVICE MAY PERIODICALLY BE UPDATED BY LCM LIVECAST MEDIA INC. UPON ANY APPLICABLE ISSUE ARISING, THE THEN CURRENT VERSION OF THE LIVECAST TERMS OF SERVICE SHOULD BE CHECKED AT THE LIVECAST WEBSITE.
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 at 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 to 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.