Terms of service:
By accessing this website (including all material contained therein), you declare that:
You will not copy or distribute any part of this website without Liveflash's prior written authorization;
You will fully comply with the terms and conditions of these terms of service. Please read them carefully.
Liveflash provides its users with an infrastructure which enables each user to share a personal TV channel with an unlimited audience freely and securely.
After creating a personal channel the respective user receives a link with which
his/her channel can be linked to a worldwide audience via the Internet.
Liveflash does not have a search function which could help searching through this website. Liveflash does not view its users' channels; the channels are neither catalogued nor listed in directories.
The services offered by Liveflash are completely free of
Intellectual Property Rights
This website, except all user submissions (as defined below), including without limitation, the text, software, visuals, sounds, music, videos, interactive features and the like as well as the trademarks, service marks and logos contained therein, are owned by or licensed to Liveflash.
You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit them for any other purposes without the prior written consent of their respective owners.
No channels with forbidden content may be submitted or linked to, for example pornography, child pornography, racist media and/or illegal copies of copyrighted material or any material subject to third party proprietary rights, including privacy and publicity rights. This list is not exclusive.
You may not link to any channel with illegal contents on the Liveflash website and make copyrighted material contents publicly available.
You shall be solely responsible for your own submissions and the consequences of
posting or publishing them. Without derogating from the aforementioned, you
(a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Liveflash to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service;
(b) You have the written consent, release, and/or permission of each and every identifiable person in the submission to use the name or likeness of each individual for use in your submissions in the manner contemplated by these terms of service.
(c) By submitting the material to the Liveflash website, you grant a worldwide, non-exclusive, non-limited, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the Liveflash website and business.
Liveflash does not endorse any user submission, and expressly disclaims any and all liability in connection with user submissions. Liveflash does not permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and user submissions if properly notified of infringements on third party's intellectual property rights, as further provided hereunder. Repeat infringers will have their user access terminated.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your rights, although we are not governed by it, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Liveflash with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
(c) 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;
(d) Information reasonably sufficient to permit contacting you, such as an address, telephone number, and, if available, an electronic mail;
(e) 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.
Once a complete and proper notice of claimed copyright infringement is received by Liveflash, or if Liveflash otherwise comes to believe in good faith that a video on the Liveflash service may contain material that infringes copyright, it is Liveflash's policy:
(a) To remove or disable access to the submitted content identified in the notice of claimed infringement;
(b) To notify the content provider, member or user that it has removed or disabled access to the content; and
(c) To terminate in appropriate circumstances subscribers and account holders who are repeat infringers.
Notices concerning claimed infringement should be sent to: [email protected]
You acknowledge that if you fail to comply with all of
the requirements of those sections, your DMCA notice may not be valid.
If a counter-notice is received by Liveflash, Liveflash 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 submitting 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 Liveflash's sole discretion.
You understand that when using the Liveflash website, you will be exposed to user submissions from a wide variety of sources, and that Liveflash is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions.
You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Liveflash with respect thereto, and agree to indemnify and hold Liveflash and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Liveflash permits you to link to materials on the Liveflash website (Unless user channel is domain protected).
Liveflash reserves the right to discontinue any aspect of the Liveflash website
at any time and for any reason.
Disclaimer; Limitation of Liability
YOU AGREE THAT YOUR USE OF THE LIVEFLASH WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVEFLASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LIVEFLASH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY USER SUBMISSION OR ANY SITE LINKED TO THIS WEBSITE AND IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR 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 MADE AVAILABLE VIA THIS WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT LIVEFLASH 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 FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
LIVEFLASH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LIVEFLASH WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIVEFLASH 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
These terms of service, together with the privacy notice and any other legal notices published on the Liveflash website, shall constitute the entire agreement between you and Liveflash.
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 Liveflash's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.
Liveflash 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 Liveflash website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.