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If you use the Livestream Service on behalf of a business, you hereby represent to Livestream that you have the authority to bind that business and your acceptance of these Terms will be treated as acceptance by that business.In that event, “you” and “your” will refer to that business in these Terms.
You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Livestream and Users to use and distribute your Produced Content as necessary to exercise the rights and licenses granted by you in these Terms and in the manner contemplated by Livestream and these Terms. Your Produced Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other rights of any person or entity. Livestream does not control your Produced Content posted by you and does not have any obligation to monitor such content for any purpose.Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. You are solely responsible for all of your Produced Content and you hereby recognize and affirm that the Livestream Service is merely providing you the means to produce and distribute your Produced Content.Accordingly, you shall be solely responsible for your own Produced Content and the consequences of posting or publishing it.Except as expressly authorized by Livestream, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials.If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices.For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your Produced Content in proximity with or in connection with any third party content. grant each user of the Livestream Service a non-exclusive license to access your Produced Content through the Livestream Service, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such Produced Content solely as permitted through the functionality of the Livestream Service and under these Terms. “Producer Marks” means trademarks, trade names, service marks, logos and other indicia of source or business identifiers used by you and uploaded as part of your Produced Content.
In accordance with the grant of such rights and subject to this Agreement, you hereby grant Livestream a royalty-free, non-exclusive, worldwide right and license to use, reproduce and display the Producer Marks solely in connection with the marketing and promotional considerations contemplated by this Agreement. Your Produced Content does not and will not violate any of the “Prohibited Uses” set forth in Section 5 of these Terms. Violators of third-party rights may be subject to criminal and civil liability.
Livestream, in using the Producer Marks, will comply with any trademark usage guidelines that you may provide to Livestream in writing from time to time. Livestream reserves all rights and remedies against any Users who violate these Terms. You understand that Livestream reserves the right to discontinue any aspect of the Livestream Service at any time, including the right to discontinue the display of any Produced Content or linked or embedded content either generally or in specific cases. For the avoidance of doubt, you are not entitled to any compensation from Livestream for any Produced Content for any reason. Your Produced Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Livestream Service. The rights granted in this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform sound recordings (and the musical works embodied therein), all on a royalty-free basis.
You reserve all other rights in and to the Producer Marks, and all goodwill associated with any use by Livestream of the Producer Marks will inure solely to your benefit. agree and acknowledge that with respect to transferring Produced Content from your Premium Service account to another account, including any Channel (“Transferred Content”), such Transferred Content (i) may only be transferred to another Livestream Premium account with open capacity, and (ii) if transferred to a Free Service account, may require your User setting to be changed to “Free” which may result in a loss or degradation of any Transferred Content on the Livestream Service transferred to another User given potentially more restrictive settings (e.g., storage limits) on a Free Service account. Livestream reserves the right to limit the number of Users who contribute any elements of Produced Content for a Channel created by using a Livestream Premium account (such Users, “Contributors”); restrictions on Contributors, if any, shall be set forth in these Terms with respect to your use of the Premium Service. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post or transmit such sound recordings to or through the Livestream Service unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to Livestream under these Terms. If you are a composer or author of a musical work and are affiliated with a performing rights organization (a “PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to us.
The Livestream Service permits its Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, “Produced Content”).
Produced Content, which includes Audiovisual Content, and is distributed via the Livestream Service (in accordance with the terms herein) shall sometimes be referred to as a “Channel”.
Subject to limited exceptions described below, these Terms provide that all disputes between you and Livestream will be resolved by BINDING ARBITRATION.