The following Terms and Conditions (the "Terms") are a binding agreement between you, either an individual subscriber, customer, member, user or company ("you", or collectively "Users") and Unleash live PTY LTD ("Unleash live") regarding your use of the Unleash live web site (located at unleashlive.com) (the "Site") and other web sites, software applications, services, devices (including, but not limited to, any mobile devices or Internet-connected TVs) or networks owned or controlled by Unleash live that allow for the analysis, distribution and reception of video, images, audio, and other content (collectively, the "Unleash live Service").
1.1 The Unleash live Service
Unleash live Pty Ltd (“Unleash live”) is providing a software as a service offering comprising:
1.2 Legal Capacity/Authority
To use and/or register for the Service you must be (i) of legal age to form a binding contract with Unleash live, and (ii) must not be a person barred from receiving the Service under the laws of Australia or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing. If you use the Unleash live service on behalf of a business, you hereby represent to Unleash live 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.
2.1 Access to the Service Unleash live will provide you access to the Service:
2.2 Free Trial
During the Trial Period Unleash live reserves the right to limit, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You acknowledge and agree that Unleash live shall not be liable to you or any third party for any modification or cessation of the Service and that Unleash live has no obligation (express or implied) to provide, or continue to provide, the Service, or any part thereof, now or in the future. If you registered for a free trial use of the Service you must subscribe to the Service before the end of the Trial Period in order to retain your data on the Service. All of your data may without notice be permanently deleted at the end of the Trial Period.
2.3 Limitations on Use
Unleash live may impose certain limitations on the use of the Service, including, without limitation, allocating certain levels of bandwidth and storage capacity to your Unleash live service and restricting the number of email communications you may send using the Service, as set out in Unleash live pricing and subscription terms, available http://unleashlive.com. You agree to use the Service only for purposes as permitted by these Terms and conditions, any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
2.4 Changing the Service
From time to time Unleash live modifies the Service, including by adding or removing features and functions to enhance your experience. Nothing in this Agreement prohibits Unleash live from making such changes, provided that no such change to the Service materially reduces the functionality of the Service provided to Customer during the Contract Term.
You can subscribe to additional elements of the Service, as agreed to between the parties. Such additional elements of the Service will be added on to the Service provided and fees due under this Agreement, commencing on the date the parties agree to their addition.
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Unleash live may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Unleash live with respect to User Content.
As part of using the Service, Unleash live will provide you with the opportunity to submit comments, information, feedback and ideas regarding our company, products or services, and any such comments etc that you communicate to us (“Feedback”) will be deemed, at the time of communication to Unleash live, the property of Unleash live, and Unleash live shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.
3.CONTRACT TERM AND RENEWAL
3.1 Contract Term for Subscribers
If you purchase the Service, your “Original Contract Term” will begin on the date that nominated in the order for the Service.
If no such date is specified, it will commence on the first day, following your agreement to purchase, that you begin using the Service – either by logging into the service, accessing existing data or uploading data to the Service.
Your Original Contract Term expires at the end of the period selected in the purchase process, unless terminated earlier in accordance with this Agreement.
Unless either party provides notice that it does not intend to renew this Agreement before the end of the Contract Term, this Agreement will be automatically renewed for a “Renewable Contract Term”:
4.1 Price increases
General price increases will not affect you during the Original Contract Term. Unleash live will charge or invoice you under the new price structure at the beginning of each Renewable Contract Term.
4.2 Payment against invoice
Unleash live (or its reseller agent) will invoice you at the beginning of the Initial Contract Term and at the beginning of each subsequent Renewable Contract Term. All quoted fees in the Quote Form are payable in advance and are exclusive of taxes, which Unleash live (or its reseller agent) will charge or invoice as applicable, and you agree to pay any such taxes applicable to your use of the Service. All amounts invoiced are due immediately on the date of the invoice.
You agree that Unleash live may identify your company name and/or logo as an Unleash live customer on client lists, marketing materials and/or press releases. If you wish to be excluded from this program, do so by emailing: “admin@Unleashlive.com”.
6.CONTENT AND YOUR CONDUCT
“Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, models, images, sounds, videos, messages, flight logs and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Unleash live, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable. Unleash live does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own legal risk.
6.2 Your Conduct
You agree that you will NOT use the Service to:
6.3 Removal of Content
You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. Although not obligated to do so, Unleash live will have the right to review your communications on this website or through the Service to determine whether you comply with the Terms, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these Terms or is otherwise objectionable.
6.4 Backup Your Content
You are responsible for backing up, to your own computer or other device, any Content that you store or access via the Service. Unleash live does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
6.5 Access to Your Account and Content
You acknowledge and agree that Unleash live may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
6.6 Registration, Accounts and Passwords
6.6.a. If you become a registered User and create an account on the Unleash
live Service, you agree to be responsible and/or liable for maintaining the
confidentiality of passwords or other account identifiers which you choose
and all activities that occur under such password or account
6.6.b. You agree to notify Unleash live of any loss of your password or account identifiers and any unauthorized use of your password or account identifiers.
6.6.c. Without limiting anything in this Agreement, Unleash live will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 6.6.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Unleash live. Unleash live may, in its sole discretion, suspend and/or terminate accounts of users that are found to be infringing.
6.8 Violations of Terms
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these Terms, you may report it to Unleash live.
7.CONTENT SUBMITTED OR MADE AVAILABLE BY YOU ON THE SERVICE
7.1 License from You
Except for material we may license to you, Unleash live does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting Content on the Service, you grant Unleash live a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt or translate such Content on the Service for the purposes for which such Content was submitted or made available and you consent to the use of the Content by Unleash live and its related entities for any such use which would, but for your consent, infringe your moral rights. You also grant Unleash live a license to use, reproduce and modify (but not disclose) such Content for technical support, internal technical research and further product development. By submitting or posting such Content to the Service, you are representing that you are the owner of such material and/or have authorization to submit it.
7.2 Changes to Content
You understand that in order to provide the Service and make your Content available thereon, Unleash live may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Unleash live to take any such actions.
Unleash live, the Unleash live logo, Unleashlive.com and other Unleash live trademarks, service marks, graphics, logos used in connection with the Service are trademarks or registered trademarks of Unleash live Unleash live Pty Ltd in Australia, the USA and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
9.1 Embeddable Player Feature
Unleash live provides an embeddable player feature on the Unleash live Service. Subject to the terms and conditions of these Terms, Unleash live hereby grants you a limited, non-exclusive, freely revocable license to incorporate such embeddable player into your own websites, provided that you include a prominent link back to the Unleash live Service on the pages containing the embeddable player. You hereby represent and warrant that you shall not to circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any Material and third party Produced Content (including, without limitation, Audiovisual Content) or enforce limitations on use of the embeddable player or the Material and third party Produced Content (including, without limitation, Audiovisual Content) therein.
9.2 Unleash live’s Proprietary Rights
You acknowledge and agree that Unleash live and/or its licensors own all legal right, title and interest in and to the Service, and any software (including any Content provided therein) provided by Unleash live or made accessible to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
9.3 Unleash live’s Open Source Software Rights
Open Source Codes are licensed under the terms of applicable open source license agreements included in the materials relating to such code. The Open Source Code is composed of individual software components, each of which has its own copyright and its own applicable license conditions. For details on how you may obtain the Open Source Codes at no charge and for the applicable license terms for each such Open Source Code, please go to the following web-links.
9.4 License From Unleash live
Unleash live grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided or made accessible to you by Unleash live as a part of the Service and in accordance with these Terms; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software or any aspect of the Service.
9.5 Software Updates
As part of the Service, you may from time to time receive updates to the Software from Unleash live which may be automatically downloaded and installed to your device or hosted by Unleash live. These updates may include bug fixes, theme upgrades, feature enhancements or improvements, or entirely new versions of the Software. You agree that Unleash live may automatically deliver such updates to you or include such updates as part of the Service and you shall receive and install or, as the case may be, utilize, them as required.
You acknowledge and agree that Unleash live shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of the Software updates described above.
9.6 Copyright and Digital Imagery
9.7 Third-Party Websites
10.1 Termination by You
You may terminate your account and/or stop using the Service at any time. After which we will not renew your subscription. If you have any disputes please contact email@example.com.
10.2 Termination by Unleash live
Unleash live may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Circumstances under which Unleash live may effect such termination shall include, but not be limited to:
10.3 Effects of Termination
Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Unleash live account and any content, contacts, data or documents generated, published or stored by the Service.
11.LINKS AND THIRD PARTY MATERIALS
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other websites, resources or Content. Because Unleash live may have no control over such third party sites and/or materials, you acknowledge and agree that Unleash live is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Unleash live shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
12.DISCLAIMER OF WARRANTIES
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE OR MANDATORY LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE LEGAL RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLEASH LIVE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, to the fullest extent permitted by applicable or mandatory law, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, UNLEASH LIVE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE OR THE SERVICE ITSELF WILL BE CORRECTED.
ANY MATERIAL OR CONTENT TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNLEASH LIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13.LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE OR MANDATORY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNLEASH LIVE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, GOODWILL, USE, DATA (INCLUDING BUSINESS CONTACTS), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF UNLEASH LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold Unleash live, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyer’s fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.
Unleash live may provide you with notices regarding the Service, including changes to these Terms, by email, SMS, regular mail, or by postings on its website and/or the Service.
Any litigation or other dispute resolution between you and Unleash live arising out of or relating to these Terms or your use of the Service will take place in New South Wales, Australia, and you and Unleash live hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of New South Wales. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These Terms, along with any exhibit or appendix, including any Quote Form, constitutes the entire agreement between you and Unleash live and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software or services. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Unleash live to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern. You agree that any claim or cause of action you make arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.