Last Modified at 2022-04-18
By accessing and placing an order with Livepush, you confirm that you are in agreement with and bound by the terms of service contained in the Terms of Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Livepush.
Under no circumstances shall Livepush team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Livepush team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Livepush will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
Livepush.
grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use the
website
strictly in accordance with the terms of this Agreement.
These Terms of Conditions are a contract between you and Livepush.
("we," "our," or "us") grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use the
website
strictly in accordance with the terms of this Agreement.
For this Terms of Conditions:
You agree not to, and you will not permit others to:
If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing us with your credit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the Service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.
Hence, no refunds will be issued due to Account closure if you didn’t face issues using our Services; we hold the absolute right to decline to issue a refund
The term of this Agreement (“Term”) shall commence, and you may begin using the Services when you agree to these Terms of Service by completing the signup process for your Livepush account and beginning to use its Streaming Services, or by clicking to agree to these Terms of Service when the option is made visible to you. This Agreement shall remain in effect until terminated by you or us under this Section 7.
You may terminate this Agreement for any reason or no reason at all, at your convenience, by: (a) unsubscribing from auto-renewal by going to My Account > My Plans section in your Livepush account and clicking Cancel Plan, (b) providing us written notice of termination in the live chat or by sending us an email at [email protected], (b) closing your Account for any Service which we no longer offer, or (c) with respect to a Trial Account, through no action other than letting the trial period expire and never again accessing your Account.
If a Paid Service is subject to a minimum Service term or has been prepaid for a defined period, your Account shall be closed immediately unless you specify that the Account is to be closed at the end of the minimum Service term described in the applicable Service Description on the Livepush Site at the time of purchase, or at the end of the prepaid period. If such Paid Service requires advance notice of termination (cancellation), your Account shall be closed at the end of the advance notice of termination (cancellation) period as described in the Service Description on the Livepush Site at the time of purchase. (a) Livepush has suffered a general or partial network outage or a technical problem that prevented you from broadcasting to your configured output destinations for a period of at least twenty-four (24) consecutive hours, (b) or you have encountered other issues with access to the Site and our support team has been unable to resolve such issues in the seven (7) day period after your issue is reported. Important: No refunds will be issued due to Account closure if you didn’t face issues using our Services; we hold the absolute right to decline to issue a refund.
Upon termination, all of your saved Live streams settings, output destinations, added videos, and all other streaming configurations shall be removed from Livepush's servers and database (i.e., Livepush will not cache your streaming platform credentials – your login id(s) and password(s) shall be scheduled for deletion upon Account closure). No refunds of prepaid, unused fees shall be issued due to your decision to close your Account unless;
You must log in to your Livepush account, go to My Account > My Plans page, go to the Active Plan(s) you wish to unsubscribe and click Cancel Plan, or click the Live Chat button found at the bottom-right corner of the screen and contact us to cancel the Active Plan(s), or send an email from the email account used to login to your Livepush dashboard to [email protected] instructing us to cancel the Account. Upon receiving and processing the notice, the Active Plan(s) shall be unsubscribed or canceled for future auto-renewals per Section 7.1.2. above. When terminating a more expensive Monthly Plan to downgrade to a less expensive Monthly Plan, or when changing plan types at your request, you agree that no refunds or credits shall be provided. NOTE: while Livepush may at its sole discretion accept a cancellation notice sent via customers' primary email address or Live chat to avoid a pending charge, you must make sure to unsubscribe(cancel) the Active Plan(s) per this section 7.1.3. to officially cancel the Plan(s) auto-renewal; otherwise, the Account may be considered as closed due to payment default.
Self explanatory
We may suspend your right to use any or all Free Services (and any Livepush associations such as logo, brand mentions, social media mentions, or case-study reviews) or if you are only using Free Services, terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or no reason, at our discretion at any time, with or without any prior notice to you.
We may suspend your right and license to use any or all Paid Services (and any Livepush associations such as logo, brand mentions, social media mentions, or case-study reviews), or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or no reason, at our discretion at any time by providing you thirty (14) days advance notice to you send via your primary email address or by leaving you a message in your Livepush account live chat widget at least once.
We may suspend your right and license to use any individual Service or any set of Services, or terminate this Agreement in its entirety (and, accordingly, your right to use all Services), for cause, effective as set forth below:
We may suspend your right and license to use any individual Service or any set of Services, or terminate this Agreement in its entirety (and, accordingly, your right to use all Services), for cause, effective as set forth below:
7.5.2. Three (3) days following our provision of notice to you if you are in default of any payment obligation with respect to any of the Services, or if any payment mechanism you have provided to us is invalid or canceled, or if charges are refused for such payment mechanism, and you fail to cure such payment obligation default or correct such payment mechanism problem within such 3-day period and do not have a sufficient credit balance to cover the obligation. This specifically includes cancellation by you of a credit card or other accepted payment method used in the purchase of Services, such as a PayPal Recurring Subscription.
7.5.3. Immediately following our provision of notice to you if you are found to have committed any fraud in connection with your use of your Livepush Account.
7.5.4. Five (5) days following our provision of notice to you if you breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within a such 5-day period.
7.6.1. Suspension: Upon our suspension of your use of any Services, in whole or in part, for any reason:, (a) fees shall continue to accrue for any Services that are still in use by you (including support), notwithstanding the suspension, (b) you remain liable for all fees, charges and any other obligations with respect to the Services you have incurred through the date of suspension, and (c) all of your rights and licenses with respect to the applicable Services shall be terminated during the period of the suspension.
7.6.2.Termination: Upon termination of this Agreement for any reason: (a) you remain liable for all fees, charges, and any other obligations you have incurred through the date of termination with respect to the Services, and (b) all of your rights and licenses under this Agreement shall immediately terminate.
7.6.3.In the event of suspension or termination for cause per Section 7.5 above, Livepush shall apply any monetary balance that may have accrued to your Account at the time of suspension or termination towards payment of any fees or overage fees due for Services.
7.6.4.In the event your Account is terminated due to non-payment and you have not submitted a cancellation notice as described in Section 7.1.3. above, any credit balance on your Account shall revert to Livepush.
In the event, this Agreement is terminated for any reason, Sections 7.6, 7.7, 7.8, 7.9 (with respect to payments that are accrued but unpaid at the time of termination), shall survive any such termination.
7.8.1. In the Event of Suspension Other Than for Cause: In the event of a suspension by us of your access to any Service for any reason other than a for cause suspension under Section 7.5.1, during the period of suspension we shall not take any action to intentionally erase any of your data stored on the Services.
7.8.2. In the Event of Termination Other Than for Cause: In the event of any termination by us of any Paid Service or any set of Paid Services, or termination of this Agreement in its entirety, other than a for cause termination under Section 7.5.1: (a) we shall not take any action to intentionally erase any of your data stored on the Services for a period of thirty (30) days after the effective date of termination, and (b) your post termination retrieval of data stored on the Services shall be conditioned on your payment of Service data storage charges for the period following termination, payment in full of any other amounts due us, payment in advance for any professional services we perform to assist your retrieval of data, and your compliance with terms and conditions we may establish with respect to such data retrieval.
7.8.3. In the Event of Other Suspension or Termination: Except as provided in Sections 7.8.2. and 7.8.3. above, we shall have no obligation to continue to store your data during any period of suspension or termination or to permit you to retrieve the same.
Following a termination under Section 7.1. or under Section 7.2., you shall be entitled to take advantage of any post-termination assistance we may generally make available with respect to the Services. We may also endeavor to provide you with unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to you, shall be conditioned upon your acceptance of and compliance with any fees and terms we specify for such assistance.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We've updated our Terms of Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our service, registering an account, or making a purchase, you hereby consent to our Terms of Conditions.
Our service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms of Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms of Conditions or practices of any third party sites or services.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms of Conditions, we will post those changes on this page, and/or update the Terms of Conditions modification date below.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.
We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
To improve user experience and to offer convenient streaming, users shall have the options to connect accounts from available streaming platforms to sync streaming ingests and only to retreive data relevant to that of user's videos and livestreaming context.
Livepush offers platform-compatible integration for the following apps/platforms and fully guarantees the saftey of the data being shared between Livepush and all of the apps mention below. (Note: this integration feature is completely optional and completely lies on the user consent just to improve app experience)
Livepush uses YouTube API Services to offer its users to connect to their Google account to auto-capture YouTube live stream ingests and to Create, List and Update live streaming data including getting RTMP ingests, managing video title and description and privacy settings
** Usage Disclosure for Google API Data **
Livepush's use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Agreeing to the Google & YouTube ToS
Use of YouTube's Live Events integration within Livepush subjects user to also agreeing with the YouTube Terms of Service and Google Terms of Service, including the Limited Use requirements.
Livepush offers users to sync their Facebook accounts to auto-capture live stream ingests for a Facebook User Timeline, Pages and Groups. Livepush also provide its users option to customize their Facebook livestreams such as managing video title and description and privacy settings.
Livepush offers users to connect to Twitch channels to auto-capture live stream ingests for the connected Twitch channel/account, and also offers managing livestream Game descriptions.
You can revoke or unauthorize Livepush from accessing your Facebook data from the Facebook Business integrations settings.
You can revoke or unauthorize Livepush from accessing your Google / YouTube data from the Apps with access to your account page.
You can revoke or unauthorize Livepush from accessing your Twitch data from the Connections > Other connections page.
To remove any stored data ealier gathered from supported platforms (YouTube, Facebook, Twitch), user can do the following;
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the service, or the information, content, and materials or products included thereon;
(ii) that the service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or
(iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.
The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms of Conditions. Any unauthorized use of the material is prohibited.
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
If you and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Conditions to be unenforceable, the remainder of these Terms of Conditions will continue in full force and effect. Any waiver of any provision of these Terms of Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from our offices in United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
Our Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free.
Don't hesitate to contact us if you have any questions.
