LiveCastr.com - Terms of Service | broadcast live video from your mobile to the web

LiveCastr - Terms of Service

We welcome you to LiveCastr. LiveCastr is a new way of sharing your life from anywhere to the web and your friends online directly from your mobile phone. We count on everybody?s common sense to use LiveCastr in a respectful manner.

Please mind the following:

Broadcasting - You can use LiveCastr for everything you want to share, however we do not accept defamatory, racist, sexist or otherwise inappropriate material. This includes threats of violence or sexual assault against other site users or people appearing in videos. Offenders will be banned forever from LiveCastr.
Commentary - keep it positive; do not insult or harass any other user.
Privacy - make sure you have the permission of all participants whom you are broadcasting. You are responsible for respecting other people?s privacy.

1. GLOSSARY OF TERMS

The Company	IceMobile, with registered address at Mensinge 2, 1083 HA Amsterdam, The Netherlands. IceMobile is the legal owner of LiveCastr, the Website www.livecastr.com and any other component of the LiveCastr service.
Content	Any and all images and sounds submitted to LiveCastr by You. Content submitted by You to LiveCastr or to a LiveCastr Player is also referred to as ?User Submission?.
LiveCastr	The complete service offered herein by the Company, including (1) the possibility to video call to the web and transmit personal broadcasts (Content) to the LiveCastr Website and to a LiveCastr embedded player; and (2) the ability to view, rate and comment on current and past broadcasted Livecasts via web and mobile.
Livecaster	A person that uses the LiveCastr service to broadcast images through a video call. Also referred to as ?user?.
To Livecast	The act of making a video call to LiveCastr and broadcast via the LiveCastr Website or through the LiveCastr embedded player.
LiveCastr Player	Embedded player a user can place on his/her own web page, such as a blog, a social site, a travel and video site in order to Livecast.
Membership	You can sign up for a LiveCastr account. With this account You obtain the embed code for your personal LiveCastr player and a personal page at the website where You can Livecast to.
Website	www.livecastr.com or any other LiveCastr Website.
You	The person agreeing with these Terms of Service. You can be a visitor of the LiveCastr Website, a Livecaster or a person who wants to use the LiveCastr Player. You are also referred to as ?visitor? and ?user?.

2. YOUR ACCEPTANCE

Welcome to the LiveCastr Website and service. By using or visiting this Website (together with all information available through the LiveCastr domain name and the LiveCastr player"), submitting Content to the Website(s) or by using the LiveCastr Embedded Player, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS of SERVICE (the "Terms & Service"), AND (2) LIVECASTR'S PRIVACY POLICY

The Company reserves the right to update and change, from time to time, these Terms of Service and all documents incorporated by reference. You can always find the most recent version of these Terms of Service on this Website. It is your responsibility to review these Terms of Service regularly.

If you do not agree to these Terms of Service or the Privacy Policy then please do not use this Website(s) or LiveCastr service.

3. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into, and comply with, these Terms of Service. If you are under 18 years of age, then please do not use LiveCastr -there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

4. DESCRIPTION OF SERVICE

LiveCastr provides users the functionality to transmit (?Livecast?) live to the web (either the LiveCastr Website(s) or via the LiveCastr Player to designated personal web pages, through the use of a video call connection. In addition to broadcasting via a video call connection, users can also upload video?s to their user account. ?

You expressly acknowledge and agree that LiveCastr is a public service, that once You submit your Livecast(s) or video Content for inclusion into the LiveCastr Service, it will be accessible by others, and that there is no confidentiality or privacy with respect to your Livecast or video Content.

LiveCastr is for personal non-commercial use only and may not be used for any commercial purpose, without obtaining The Company?s written approval. If you wish to use the service for commercial purposes, please contact The Company for additional information.

5. LIVECASTR ACCOUNTS

A. In order to access some features of the Website, you will have to create a LiveCastr account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Company immediately of any breach of security or unauthorized use of your account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information.

B. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

6. LIVECASTR ACCOUNT TERMINATION POLICY

A. The Company will terminate a User's access to the Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. The Company reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User Submissions and/or terminate your access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

7. SUBMISSION OF CONTENT TO LIVECASTR

LiveCastr facilitates the submission of Content by You and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, LiveCastr does not guarantee any confidentiality with respect to any User Submissions. It is the Company?s complete discretion whether to accept or reject your User Submission.

You retain ownership to the Content You submit for inclusion into LiveCastr Service. However, by submitting Your Content to LiveCastr, You hereby grant LiveCastr the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:

a. to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the Video Content to appropriate media formats, standards or mediums as part of the LiveCastr;

b. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the Video Content on the LiveCastr or on any LiveCastr property, including in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and

c. to use Your Video Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Video Content in any media format or medium and through any media channels.

By submitting Your Video Content for inclusion into LiveCastr or a LiveCastr Player, You also grant the following use of and rights to Your Video Content to others: (i) the non-exclusive license to access Your Video Content through LiveCastr; (ii) the ability for LiveCastr Users to rate, review, comment on and tag Your Content; (iii) the ability to embed a LiveCastr player with Your Content on their web site; (iv) the ability for LiveCastr users to send and distribute Your Content via E-mail or Instant Messenger; (v) the ability to access Your Video Content via LiveCastr web service APIs or via RSS or any similar XML or related feeds; and (vi) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform Your Video Content as permitted through the functionality of LiveCastr and under these Terms and Conditions.

You furthermore understand and agree that your Content is in no way protected and secured and that others can copy your Content.

8. USER SUBMISSIONS

The Website(s) facilitates the submission of Livecasts or other Content by You and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any User Submissions. The Company decides at its own complete discretion whether to accept or reject your User Submission.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) You own or have the necessary rights and permissions to use and authorize the Company to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website(s) and these Terms of Service; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website(s) and these Terms of Service.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to LiveCastr, you hereby grant LiveCastr, in addition to any other rights which it has pursuant to any other program established by LiveCastr, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website(s) and LiveCastr business, including without limitation to grant access to the Website(s) to third parties to view the User Submission (and derivative works thereof). You also hereby grant each user of the Website(s) or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions.
You understand that when using the Website(s), you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website(s). You acknowledge that access to certain Content which may be available through the Website(s) and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
Complaints. If you believe that a LiveCastr user is using LiveCastr in violation of our Terms of Service and Privacy Policy, we encourage you to bring this matter to our attention immediately. We shall investigate your complaint in a conscientious and reasonable manner, commensurate with the seriousness of the violation and with due respect for the rights of the person the target of the complaint. We may ask You to supply evidence in support of your complaint. Likewise, we shall be obliged to investigate in the same manner complaints by third parties concerning your own use of the Service.

9. MEMBER CONDUCT

You understand that the Website and the Service are available for your personal, non-commercial use only. You agree not to knowingly create Content (which shall, without limitation, constitute User Submissions) that infringe on a trademark, copyright or other proprietary rights. You acknowledge and agree that in the event You permit User Submissions by other users to your channel, You shall be solely responsible for ensuring that such User Submissions comply with the terms of this Agreement. LiveCastr reserves the right to discontinue access to the Website and Service to any User whose usage is deemed, at the Company?s sole discretion, to interfere with or discourage the reasonable usage of the Website and Service by others.

All services are provided on a fair use basis. You are free to use LiveCastr as much as you like, however the Company reserves the right to ask you to moderate your usage at any time if in the opinion of the Company your use is excessive and it is impacting on LiveCastr?s ability to provide the Service to all customers. In the future, LiveCastr may introduce limits to the amount of free usage and offer high volume users the ability to upgrade to a paying plan.

10. ADVERTISING RIGHTS

The Company reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with Your Content and The Company will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Terms of Service obligates or may be deemed to obligate The Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.

You herewith understand that the Company may, from time to time, earn money in one way or the other through LiveCastr and directly or indirectly through your User Submission. Regarding this, You herewith agree that the Company does not have to pay You any financial (or other) compensation for the commercial use of your User Submission.�

11. LIVECASTR WEBSITE(S) ACCESS

The Company hereby grants You permission to use the Website(s), provided that: (i) your use of the Website(s) is solely for your personal, non-commercial use; (ii) You will not copy, distribute or modify any part of the Website(s) without The Company prior written authorization; (iii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) You will not disrupt servers or networks connected to the Website(s); and (vi) You comply with these Terms of Service.
In order to access some features of the Website(s), You will have to create an account. You may never use another's account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Company immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of The Company or others due to such unauthorized use. The Company will not be liable for your losses caused by any unauthorized use of your account.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website(s) in a manner that sends more request messages to the LiveCastr servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. The Company grants the operators of public search engines permission to use spiders to copy materials from the Website(s) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website(s), nor to use the communication systems provided by the Website(s) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website(s) with respect to their User Submissions (as defined below).
The Company has the right to terminate your access to the Website(s) and your account, at its sole discretion, immediately and with or without cause.

11. LINKS

The Website(s) may contain links to third party Website(s) that are not owned or controlled by The Company. The Company is not affiliated with those Website(s), has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Website(s)s. In addition, The Company will not and cannot censor or edit the content of any third-party site. You expressly release The Company from any and all liability arising from your use of any third-party Website(s). Accordingly, we encourage you to be aware when you have left the Website(s) and to read the terms and conditions and privacy policy of each other Website(s) that you visit.

12. INTELECTUAL PROPERTY RIGHTS

The Content on the Website(s), including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Company. Information on the Website(s) is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without The Company prior written consent. The Company reserves all rights not expressly granted in and to the Website(s). If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website(s) or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website(s).

13. COPYRIGHT AND CONTENT POLICY

The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website(s), and The Company will remove all Content if properly notified that such Content infringes on another's intellectual property rights. The Company reserves the right to remove Content without prior notice. The Company will also terminate a User's access to the Website(s), if they are determined to be a repeat infringer. The Company may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide The Company?s Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that You claim is infringing is located on the Website(s), including the URL;
your address, telephone number, and email address;
a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

14. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE LIVEASTR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LIVEASTR WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LIVEASTR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE(S), (III) ANY UNAUTHORIZED USE OF OUR 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(S), (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE(S) BY ANY THIRD PARTY, AND/OR (V) 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 ON OR VIA THE WEBSITE(S), 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 THE COMPANY 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 Website(s) are controlled and offered by The Company from its facilities in the Netherlands. The Company makes no representations that the LiveCastr Website(s) are appropriate or available for use in other locations. Those who access or use the LiveCastr Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

16. INDEMNITY

You agree to defend, indemnify and hold harmless The Company, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website(s); (ii) your violation of these Terms of Service; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website(s).

17. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by The Company without restriction.

18. GENERAL

You agree that: (i) the Website(s) shall be deemed solely based in the Netherlands, and (ii) the Website(s) shall be deemed a passive Website(s) that does not give rise to personal jurisdiction over LiveCastr, either specific or general, in jurisdictions other than the Netherlands. These Terms of Service shall be governed by the internal substantive laws of Amsterdam, without respect to its conflict of laws principles. Any claim or dispute between you and The Company that arises in whole or in part from the Website(s) or these Terms of Service shall be decided exclusively by the Courts of Amsterdam, the Netherlands. These Terms of Service, together with the Privacy Policy at www.livecastr.com, and any other legal notices published by The Company on the Website(s), shall constitute the entire agreement between you and The Company concerning the Website(s). If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website(s) following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIVECASTR WEBSITE(S) AND/OR SERVICE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.