Terms and Conditions

Terms of Service

LAST UPDATED: April 27, 2020

PLEASE READ THESE TERMS. IT MATTERS.

These Terms of Service constitute a binding legal agreement between you and us (Live Stream Media Corporation). When you use our website and our services, you agree to follow and to be bound by these Terms of Service. For our legal protection and your own, it is important that you actually read these terms and abide by them. We have tried to make them as simple and easily-digestible as possible. Some of the more important provisions are in bold or otherwise highlighted, but just skimming these Terms of Service for the bolded parts is not a substitute for reading them.

1. Definitions. These Terms of Service use certain words and phrases as shorthand for more detailed concepts. This section explains what those defined terms mean.

  •  A. The term “Artist” refers to any person, band, or other entity that performs or streams User Content through the Site or any Service that we provide.
  • B. The term “Donor” refers to any User that donates money through the Site or any Service.
  • C. The term “User” refers to anyone who uses the Site or any Service. This includes Artists. This includes Donors. This also includes anyone who visits the Site or uses any Service for any purpose.
  • D. The term “Content” refers to any content of any kind (e.g., images, recordings, audiovisual works, text, musical compositions, or other works of authorship) that is used on the Site or through the Services (e.g., hosted, stored, recorded, transmitted, distributed, edited, performed, published, etc.).
  • E. The term “User Content” refers to any Content that is Shared by any User through the Site or through any Services. For example, when an Artist performs a concert live-streamed through the Site or Service, that performance is User Content. If a Viewer posts a comment to a portion of the Site, that comment is also User Content.
  • F. The term “Tip” refers to monetary payment submitted through the Site or Services, or any Third Party Service available through the Site or Services.
  • G. The term “Payment Terms” refers to the payment distribution terms applicable to any particular Tip.
  • H. The term “Service(s)” refers to any and all services that we provide in connection with the Site. This includes any and all storage, hosting, distribution, recording, editing, and publishing of any Content, any software application access, including any mobile software applications provided in relation to the Site or other Services. If we are providing a service in connection with the Site, it is considered a “Service” under these Terms of Service.
  • I. The term “Third Party Service” refers to websites and services operated or provided by entities other than Live Stream Media Corporation. Third Party Services may include, for example, payment processing services offered by other companies, or a social media platform operated by another company.
  • J. The term “Share” means to post, upload, distribute, store, transmit, publish, perform, display, or otherwise disseminate through the Site or any Service. Thus, if an Artist performs an original composition live-streamed through the Site, that Artist is “Sharing” that performance and composition.
  • K. The term “Site” refers to the website available via the LoudSwell.com domain name, and all “Services” we provide in connection with the Site.

 

2. These Terms Apply to All Users. These Terms of Service apply to ALL Users of the Site and Services. This includes Artists, Donors, and any other Users, including those who simply visit the Site for informational purposes. If you are an individual person using the Site or Services on behalf of a band, a company, or another entity, then these Terms of Service also apply to that band, company, or other entity.

3. When You Use the Site/Service You Agree to These Terms. We make every effort to make these Terms available to all Users, and to require some positive showing of acceptance when you use the Site or Services. However, any use of the Site or Services constitutes your acceptance of these Terms of Services.

4. Changes in the Site, Services, and Terms of Service. As available technology and the needs of our Users grow and change, we may modify the Site, the Services, and these Terms of Service, at our sole discretion. We will always try to make any changes available to Users. You can determine when these Terms of Service were last modified by checking the “Last Updated” date at the top of these Terms of Service. Use of the Site or any Service constitutes agreement to the Terms of Service in effect at the time of such use.

5. Sharing User Content. We want to help Users Share their User Content with the masses. However, there are ground rules for the protection of you, us, and all our Users. If you are going to Share any User Content via the Site or Services, the following terms apply. If you cannot agree, or do not want to agree, to follow these terms, then do not Share any User
Content via the Site or any Services.

  • A. Only Share Original, Public Domain, or Explicitly Licensed User Content. Certain areas of the Site and certain Services may allow Users to Share User Content. For example, Artists may live-stream concerts through the Site. However, Users may only Share User Content if they own all necessary rights in the User Content they wish to Share (e.g., copyright, trademark, publicity, patent, or other necessary rights). This means, for example, that when an Artist live-streams a concert through the Site, the Artists may only perform their original works, public domain works, or works for which the Artist has obtained an explicit live-streaming license from the rights owner. Artist may not perform “covers” of others’ compositions without an explicit license to do so from the rights owner. When you Share any User Content via the Site or Services, you are representing that you own all the necessary rights to do so, and to exercise and grant the license rights and waivers described in Section X(B) below. If you Share any User Content without the necessary rights, you will be personally liable for any claim or liability arising from such unauthorized Sharing.
  • B. Users Retain Ownership in User Content. This part is simple. Users retain all rights of ownership in User Content that is Shared via the Site or any Service.
  • C. License Grant. When you Share any User Content, you grant us permission to use such User Content in connection with the Site and any Services. This is necessary so that we can, for example, stream Artists’ performances to other Users on the Site. For legal reasons, this permission is described in more detail below:
  • When you Share any User Content via the Site or any Service, you grant to Live Stream Media Corporation a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sub-licensable (through multiple tiers) license to record, reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such User Content, in any format or media now known or hereafter developed, in connection with the Site or any Service now offered or developed in the future. This license includes, without limitation, use of any trademark, publicity, and other proprietary rights related to such User Content, and any name, photograph, portrait, voice, likeness, and biographical information included in or provided in connection with such User Content. Additionally, to the extent permitted under applicable law, you hereby waiveany “moral rights” in connection with any User Content that you Share.
  • D. Prohibited User Content. There are certain things we do not want Shared through the Site or any Services. As a general rule, we want to keep Content on the Site and Services appropriate for an “all-ages” audience. To help keep the Site and Services safe and enjoyable for all Users, you agree not to Share any User Content that is threatening, harassing, intimidating, defamatory, fraudulent or tortious, obscene,
    indecent, pornographic or otherwise objectionable, that constitutes or contains any virus or malware, or that otherwise violates any civil or criminal law.
  • E. Monitoring User Content. We may (but are not obligated to) monitor User Content and verify that you have all necessary rights to Share any User Content. You agree to cooperate with us in verifying that you have all necessary rights and permissions for any User Content you Share. We reserve the right to remove any Content (including User Content) from the Site and Services at any time, for any reason, at our sole discretion.
  • F. Our Liability for User Content. The Site and Services may enable you to obtain access to User Content that is Shared by other Users. By using any such features, you agree that you are directing us to access and transmit such User Content to you, and that we are not responsible or liable for any claim or liability arising from such User Content.

 

6. Submitting and Receiving Tips. The Site and Services enable Donors to submit Tips using one or more Third Party Services (such as PayPal). After payment of processing fees, Tips amounts will be distributed according to applicable Payment Terms, which we make available online. Tip amounts distributed to Artist will be distributed using the payment and account information provided by such Artists. You agree that Tips may be used and distributed in accordance with the applicable Payment Terms.

7. Registration Information. You may need to register to use certain Services or parts of the Site. When you register, you agree to provide accurate and complete registration information and to keep your registration information up to date if any information changes. Your user name
and password are for your personal use only, or in the case of a non-individual entity (e.g., band) for use by the entity (e.g., band) only. You agree to keep your user name and password information confidential, not to share your user name or password with other individuals or entities, and to promptly notify us if there is any confidentiality breach for your username or password information, or any unauthorized use of your account with the Site or Service. You are responsible for any use of your user name and password. Entities (e.g., bands) are responsible for resolving any disputes regarding use of any accounts or use of the Site or Services by their members. Your submission of information through the Site is governed by our Privacy Policy, which is located here (the “Privacy Policy”). If you choose to make any of your personally identifiable or other information publicly available through the Site or Services, you do so at your own risk.

8. Our Proprietary Rights and Prohibited Conduct. You retain your rights. We retain ours. Except for the rights Users retain to their User Content, we retain all copyright, trademark, patent, trade secret, publicity, and other proprietary rights in the Site, the Services, and material used in relation to the Site and the Services. With the exception of your own User Content, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Service, any portion or aspect thereof, or any material used in relation to the Site or any Service, without our express permission. You also agree not to use the Site or Services for any fraudulent, tortious, or otherwise civilly or criminally unlawful purpose, for any competitive commercial purpose, or in any manner that threatens to disrupt the safe, enjoyable, and peaceful operation of the Site and Services.

9. Third Party Services. The Site and Services may include, make use of, or refer Users to Third Party Services. This does not mean that we endorse any particular Third Party Services. Third Party Services may require you to agree to additional terms and conditions that are not included in these Terms. Because we do not control Third Party Services, you agree that we are not responsible for any Third Party Services, or any claim or liability that might arise from use of any Third Party Services. Your access to and use of Third Party Services is at your own risk.

10. Site and Service Requirements and Compatibility. Use of the Site and Services may require other hardware and software tools provided by third parties (i.e., not us). Obtaining, maintaining, installing and all other aspects of such hardware and software, and all charges therefor, are your sole responsibility. We may, at our sole discretion, change from time to time, the nature and characteristics of the software or hardware required to use the Site and/or Services.

11. You Agree to Indemnify Us for Your Actions. If anyone claims that your use of the Site or Services violates their rights or creates liability, it is your responsibility to bear the costs associated with such claims. More specifically, you agree to defend, indemnify and hold harmless us, our parent, subsidiaries, partners, affiliates, officers, directors, shareholders, agents, employees, contractors, insurers, and attorneys from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or any Service; (b) any alleged violation of these Terms of Service by you; (c) any User Content that you Share.

12. How and Where Disputes Get Resolved. If any legal dispute arises related to the Site, any Service, any User Content, or these Terms of Service, You agree that any such dispute will be governed by the law of the State of Washington, without regard to conflicts of law principles, and you consent to the exclusive jurisdiction of the federal and state courts located in Seattle, Washington, U.S.A., and waive any objection to such forum.

13. Parental Controls. Pursuant to federal law, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information regarding parental controls is available here.

14. Information, Complaints, Compliments, and Other Correspondence. If you want to send us a question, complaint, compliment, or other correspondence regarding the Site or Services, please feel free to use the following contact information:

Live Stream Media Corp.
info@loudswell.com

If you are a California resident and wish to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, you may do so at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, (916) 445-1254 or (800)
952-5210.

15. Claims of Copyright Infringement. If you are a copyright owner and believe the Site or any Service has been used to infringe the copyright in your work(s), please provide our copyright agent a written notification including the following points:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner
    of the copyright interest;
  2. A description of the copyright-protected work(s) that you claim to have been infringed;
  3. A description of the allegedly infringing material and where it is located on the Site, including the URL and any other identifying information where possible;
  4. Your name, address, telephone number, and e-mail address;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  6. 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.

 

If you believe that we have removed or disabled access to User Content you Shared as a result of mistake or misidentification, and would like us to replace or renew access to the User Content, please provide our copyright agent a written counternotification including the following points:

  1. An identification of the material that has been removed or disabled and the location where it appeared before it was removed or disabled, including a URL where possible.
    2. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
    3. Your name, address, telephone number, and email address.
    4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the physical address provided in # 3 is located (or, if the physical address is outside the United States, for the Western District of Washington).
    5. A statement that you will accept service of process from the person who provided notification to us of the alleged infringement, or from an agent of that person.
    6. A physical or electronic signature

 

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Live Stream Media
PO Box 16568
Seattle, WA 98116
Email: info@loudswell.com

16. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@loudswell.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.

17. Limitations of Liability and Disclaimers. THE SITE AND ALL SERVICES, THIRD PARTY SERVICES, CONTENT, USER CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, THIRD PARTY SERVICES, CONTENT, USER CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY SERVICES, THIRD PARTY SERVICES, CONTENT, USER CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE OR SERVICES IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SITE, SERVICES, THIRD PARTY SERVICES, CONTENT, USER CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL FUNCTION IN ANY MANNER. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE SITE OR SERVICES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND ALL SERVICES, THIRD PARTY SERVICES, CONTENT, USER CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE AND SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, USER CONTENT, THIRD PARTY SERVICES, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR SERVICES.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY SERVICES OR CONTENT), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY THIRD PARTY SERVICES, CONTENT, INFORMATION OR MATERIALS ON THE SITE OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of these Terms of Service is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us
relating to such subject matter.

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