Terms and Conditions
Liveblog Pro allows users to create live stories on the Internet, to invite others to participate in those live stories, and to publish on the Internet at www.liveblogpro.com. Liveblog Pro is the property of Upstart Media Ltd; a Limited Company registered in England and Wales under registration number 7894217. Our registered office is Upstart Media Ltd, 9 Devonshire Ave, Allestree, Derby, DE22 2AU, UK.
- "Account" means the means by which you register and thereafter authenticate your access to the Site and our services.
- "Agreement" means these Terms and Conditions, and any other forms submitted by the Company and accepted by the User, and vice-versa.
- "Company" means Upstart Media Ltd. Upstart Media Ltd is a Limited Company, registered at Company House in England and Wales; "us", "we", and "service provider" are synonymous with Company. "Our" refers to items which are the property of Company.
- "Confidential information" means all information which should not be accessible to others. It is not to be knowingly disclosed by any party in this Agreement.
- "Fees" means the costs associated with using the Service we provide. Users pay the fees.
- "Free Account" means the free-level Account, where no Fees are owed for use of the Services. It is available to Users at the discretion of the Company; there is no entitlement to Free Accounts. Users must apply to the Company for access to a Free Account. Users of this level of account are subject to the Terms and Conditions. The Company retains the right to start charging for any Free Account at any time.
- "Reader" means a unique browser accessing a Liveblog in realtime; they are having the User's content streamed onto their device for consumption.
- "Liveblog" means any event created by a User by which they can stream their published Content to Readers in near real-time.
- "Plan" means the Subscription which the User pays for. There are four paid plan levels (Small, Medium, Large, and Custom), which are subject to the Terms and Conditions laid out here.
- "Services" means the product (or "Liveblog Pro") and corresponding features made available by us for the User. It includes access to the Company, and support as described in these Terms and Conditions.
- "Site" means our website on the Internet, which can be accessed at www.liveblogpro.com.
- "User" means any person who has an Account and uses the service we provide.
- "User generated content" means any text or multimedia content, such as pictures or video, published by the User on a Liveblog.
The Service Provider will provide the Services to User:
Changes to the Service and Terms
We may, with prior notice, add, delete, improve, or modify the features of the Service. We may include any new features or components that we develop or, at our option, as an additional paid option to your plan. We may also offer upgraded features in a plan different than your selected plan, if we so choose.
From time to time, the Service may become unavailable. When the Service is unavailable, we will make a reasonable effort (steps taken in good faith without a laborious expenditure of time or resources) to restore the Service within a reasonable period of time. We will respond to technical support questions as agreed in the Service Level Agreement
We are not responsible for disruptions to the Service, including, but not limited to, disruptions caused by acts of God, power outages, computer hackers and others acting outside the law. You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment, and Internet service necessary to access the Site and use our Service.
The Company will provide the User with a username and password protected access to a dashboard that will allow the User to manage its use of Service. The User is responsible for the security of its username and password, and is responsible for all use of the Services through its username and password. The User will notify the Company in the event the security of its username and password are compromised.
When the Service Provider accepts the User's subscription for Services, the Service Provider will make Service available to User for publishing use. The Services are for the use of User only, and may not be resold, leased, sublicensed or otherwise transferred or made available to or for the benefit of any other person.
User's use of Service is restricted to display content within a single web domain, and User may not use Service on any subdomain that represents itself as a separate domain.
The Company will notify User of any breach of such security affecting the User's data or account within 24 hours of learning of the breach. The Company will use reasonable precautions to monitor Service systems for possible and actual infections by computer viruses, worms and other malicious software and will take all reasonable precautions to prevent such infections.
The Company has the right to refuse, for any reason or for no reason, any request for a subscription to its Services. The Company has the right to restrict User eligibility for particular service offerings, and the sole discretion to determine the eligibility or continuing eligibility of any User for any particular service offering.
4. Fees and Subscriptions
For the provision of Services, the User shall pay the Company the Fees in accordance with these terms.
The User subscribes to the Service by choosing from the Plans, whose features and costs are listed on our Site. The Company will afford you and those User Accounts linked with your Subscription, if any, access to the Service and advertised feature-set for the period your Subscription remains active, subject to Reader limitations on the chosen Plan the Account is subscribed to. If you are the Subscriber of a multi-user Plan, you agree that (i) you will not allow access to the Service for a number of Registered Users in excess of the number authorized under your Subscription Plan; (ii) each Registered User who accesses the Service under your Subscription will do so before registering for, and then using, their own Account; and (iii) you will designate an "administrator" who will be responsible for supervising your Subscription Plan and those enrolled to access the Service your Subscription.
The User agrees to pay the Subscription fees and any other charges (including applicable taxes) incurred in connection with their Subscription. Payments will be made through credit card on the site, and Fees owed by the User collected on a rolling monthly basis. Credit card data is not held by the Company. The User is responsible for tracking their Usage of the Service; the Company will not provide a usage report, but will contact the User if they are in breach of their limits to prompt an upgrade to a new Subscription. The Company is not responsible for any charges in relation to connecting to the Service, such those fees from an Internet access provider or other third party service. Fees are payable in Great British Pound Sterling, and are exclusive of all taxes, levies, or duties imposed by taxing authorities, for which you are responsible for payment.
The term of your Subscription begins immediately on the date of purchase and expires if you choose to cancel your Subscription Plan ends or cease payment. Your billing date is the same date each month.
Your Subscription will automatically renew effective on the date of its scheduled expiration for an identical term but at the then-prevailing fee unless, prior to the date that the Subscription expires, you or we terminate your Subscription. You must cancel your Subscription before it renews to avoid billing of Subscription fees for a renewal term.
You will not be able to suspend your use of the Service at any time
Either you or we may terminate your Subscription at any time if the other breaches any material provision of these Terms, including your failure to pay Subscription fees when due. In addition, you may terminate your Subscription if we materially change the features, capacity, service levels, or other metrics corresponding to your Subscription Plan; and we may terminate your Subscription at any time if we are required to do so by law or we determine to discontinue the Service.
Effect of Termination
Our obligation to make the Service available to you ends immediately upon the termination of your Subscription; all other provisions of these Terms shall survive termination in perpetuity. We will allow you thirty days from the date of termination of these Terms in which to download and copy your Content from the Service, after which time we may, in our discretion, delete your Content from our system. We reserve the right to remove or discard your Content without notice for any breach, including your failure to pay Subscription fees when due. We will not refund any part of your subscription.
We reserve the right to suspend your access to the Service (without any corresponding adjustment to the term) if you are delinquent in paying your Subscription fees. Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. In addition, we reserve the right to impose a reconnection fee in the event we suspend your Subscription due to non-payment, and you thereafter request renewed Service. You agree and acknowledge that we are under no obligation to retain your Content, which may be irretrievably deleted if your account is more than thirty days past due.
The User shall not be entitled to any refund of Fees upon any cancellation or termination of Services.
5. Illegal activity
On accessing the Service, the User agrees to only use it for only purposes permitted under these terms and within any applicable law, regulation, or guideline that governs the User. You expressly agree that you will not:
- Provide false personal or billing information and create a misrepresentation of yourself when registering or using for the Service.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable, libelous, or illegal material; or post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability. In the event of the User posting such content, the User will be liable for all resulting external action.
- Use any content from the Service for redistribution for personal gain or otherwise. This content includes any source code or HTML, graphics, or software. Furthermore, all of this content must not be disassembled, copied, or modified in any way.
- Violate a third party's intellectual property, personality, publicity, or confidentiality rights; or upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or Content in violation of a third party's rights.
- Misuse our Site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990, as dictated in United Kingdom legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately. You will not qualify for any refund for Services purchased.
6. Limitation of Liability
To the maximum extent permitted by law, the Company will not be liable in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with our Site, or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it. The Company does not limit liability for fraudulent misrepresentation or death and personal injury arising from the Company's negligence.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to from it.
We will not be liable for any loss or damage caused if our users details (including passwords and emails) are compromised by a third party.
As a User, you agree to indemnify and hold harmless Upstart Media Ltd, and its affiliates, directors, officers, and employees, from any actions, claims, costs, proceedings, losses, damages or liabilities arising from your use of the Service, and in relation to any information you use or Content you publish while using the Service. This includes any legal fees resulting from any third-party claim or lawsuit arising out of or based on Content that you submit, post, or display on or through the Service that allegedly infringes the rights of, or has caused harm to, a third party; or (b) any breach of any representation, warranty, or covenant by you under these Terms. Your indemnification obligations are conditioned on (i) an indemnified party providing prompt notice to you of any such claim, and (ii) providing you with any reasonable information or assistance that you request, and at your expense.8. Warranties
The User understands and agrees that usage of the Service and our Site is at their sole risk.
The Company does not represent or warrant that the use of the Services:
- will be uninterrupted or error-free.
- operate in combination with any other hardware, software, services,system or data.
- will meet the requirements or expectations of Users or Live Readers, or any indirect parties that come into contact with the Service.
- will provide reliable or accurate data, or result in the accurate storage of data.
- will have errors corrected.
- will be be free of viruses or other harmful components.
The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or any User Generated Content.
The Company also expressly disclaims all other warranties and conditions, whether implied, statutory, or otherwise, without limitation, to the maximum extent.
9. Suspension of Service or Cancellation
We reserve the right to suspend or cancel your Account if, in our opinion, your account is the source or destination of a violation of any of these terms, or for any other situation we deem necessary.
Neither the Company, nor User, shall be liable to the other for any delay or failure to perform due to fire, flood, earthquake, acts of God, acts of war, riots, civil disorder, strikes, lock-outs or labor disruptions, the failure of telecommunications systems or any other cause whether similar or dissimilar beyond its reasonable control (a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, the non-performing party shall be excused from any further performance of those of its obligations pursuant to this Agreement affected by the Force Majeure Event only for so long as such Force Majeure Event continues and such party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
Notices and other communications required or permitted under this Agreement shall be sent by email. The Company's email address for notice purposes is the support email address provided at the end of these Terms and Conditions. User's email address for notice purposes is the email address provided by User in its Account registration information provided on subscription for the Services. User may change its email address for purposes of this Section by updating it in User's dashboard area of the the Company's Site.
Nothing contained in this Agreement shall create or imply any agency relationship between the parties, nor shall this Agreement be deemed to constitute a joint venture or partnership between the parties.
The Company reserves the right, but do not have any obligation, to monitor use of the Service and to revoke or deny access to anyone, including you, who engage in prohibited conduct.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our Site.
11. Your concerns
If you have any concerns about material which appears on our Site, or our Service, please email email@example.com.