The use of services from Live Stream Security Corp. constitutes agreement to these terms. This policy represents the Live Stream Security Corp. Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Customers agree to when they sign-up for any Services with Live Stream Security Corp. Live Stream Security Corp. reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to Customers.
Customers using any Services offered by Live Stream Security Corp. consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Live Stream Security Corp., any violators of this TOS may have some or all of their Services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Live Stream Security Corp. providing the Services to You, You agree to the following terms of service.
* “Us, We, Our, Live Stream Security Corp.” shall mean Live Stream Security Corp.
* “You, Your, Client, Customer, Member, Subscriber” shall mean each person or entity who applies for Service or is a designate of anyone who applies for Service.
* “Service” shall mean the services provided by Us to You.
The Services are provided on an “as is” basis, and use of the Services is at the Client’s own risk. Live Stream Security Corp. makes no representations or warranties of any nature whatsoever, either express or implied, with respect to the Services, including without limitation, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither Live Stream Security Corp. nor any one else involved in the provision of Service is liable to You or any third-party for direct or indirect damages resulting from the use or non-use of Services provided herein, whether or not such damages resulted from the negligence of Live Stream Security Corp., even if Live Stream Security Corp. has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIVE STREAM SECURITY CORP. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AGGRAVATED, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE LIVE STREAM SECURITY CORP.’S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF LIVE STREAM SECURITY CORP.’S SERVERS, CAMERAS NETWORK VIDEO RECORDERS, DIGITAL VIDEO RECORDERS AND/OR NETWORK), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LIVE STREAM SECURITY CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIVE STREAM SECURITY CORP.’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Live Stream Security Corp. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to Your use of the Services, Your violation of any of the provisions of this agreement, or from Your placement or transmission of any materials or content onto Live Stream Security Corp.’s servers. Such liabilities may include, but are not limited to, those arising from the following:
(a) with respect to Your business,
(i) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein;
(b) any damage or destruction to Live Stream Security Corp.’s equipment or to any other customer of Live Stream Security Corp., which damage is caused by or otherwise results from acts or omissions by You, Your representative(s) or Your designee(s);
(c) any personal injury or property damage arising out of Your activities related to the Services; and
(d) any other damage arising from Your equipment or Your business.
This TOS shall be governed by and construed in accordance with the domestic substantive laws of the Province of Ontario and the applicable federal laws of Canada without giving effect to any choice or conflict of laws provision or rule that would cause the application of the domestic substantive laws of any other jurisdiction.
Headings are for convenience only and have shall have no bearing on the construction or interpretation of this TOS.
SERVICES PROVIDED BY LIVE STREAM SECURITY CORP.
CLOUD HOSTED VIDEO SERVICES
Customers subscribing to Cloud Hosted Video Services also agree to additional terms which can be found in the Cloud Hosted Video Services Agreement on the Live Stream Security Corp. website at http://www.livestreamsecurity.com/cloud-hosted-video-services-agreement/.
Live Stream Security Corp. offers other Services. The terms of these Services are governed by this agreement. The details of these Services are as indicated within the Live Stream Security Corp. website.
Live Stream Security Corp. has different refund policies for different services:
(a) For all installation of services, there are no refunds. All sales are final.
(b) For all sold merchandise (Cameras, NVR/DVR, Cabling, Network Equipment, etc.), there are no refunds. All sales are final.
(c) For all monthly Cloud Hosted Video services, there are no refunds. All sales are final.
(d) For all yearly Cloud Hosted Video services, the Yearly Cloud Hosted Video Plan Refund Policy for Cloud Hosted Video Plans found on the Live Stream Security Corp. website at http://www.livestreamsecurity.com/yearly-hosted-video-plan-refund-policy-for-hosted-video-plans/ applies.
(e) There are no refunds on setup fees for any services. All sales are final.
(f) For all other services not specified, there are no refunds. All sales are final.
(g) Customers must incur any fee in connection with the refund process, and Live Stream Security Corp. will refund the net amount. In particular:
if payment was made by credit card, Live Stream Security Corp. will subtract the fee in connection with crediting to the Customer’s credit card (if there is any),
if payment was made by bank transfer, Live Stream Security Corp. will subtract fees required for the bank transfer,
if payment was made by PayPal, Live Stream Security Corp. will subtract the fee(s) in connection with crediting to the Customer (if there is any),
if payment was made by any other method, Live Stream Security Corp. will subtract any fee(s) associated with the transaction.
IP ADDRESS OWNERSHIP
During the course of providing Services to a Customer, Live Stream Security Corp. may assign a Customer an Internet Protocol address (“IP address”). The Customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Live Stream Security Corp. shall retain ownership of any IP address or addresses used by the Customer under this agreement, and that Live Stream Security Corp. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Your rights under this agreement may be assigned only upon prior notice and express approval by Live Stream Security Corp. Any other attempted transfer or assignment of rights hereunder shall be null and void.
Live Stream Security Corp. may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Live Stream Security Corp. .
Live Stream Security Corp. may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Live Stream Security Corp. websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future Accounts. If any material modification to this agreement is unacceptable to the Customer it shall be Customer’s responsibility to terminate his/her subscription. If the Customer does not terminate the agreement within 10 days of the material modification, then Customer’s continued use will mean that Customer has accepted the amended or modified agreement and the agreement is in full force and effect.
IN ADDITION, LIVE STREAM SECURITY CORP. CANNOT GUARANTEE THAT ANY FILES OR OTHER DATA INCLUDING UPDATED VERSION YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LIVE STREAM SECURITY CORP. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND INSTALLATION FITNESS FOR OPERATION PURPOSE. LIVE STREAM SECURITY CORP. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PRODUCTS AND SERVICES OF THIS SITE.
If any term or provision of this agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the other terms or provisions hereof or the whole of this agreement, but such term or provision shall be deemed modified to the extent necessary in the court’s opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and the agreements of the parties.
In addition, Live Stream Security Corp. reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
UPDATED: April 11, 2017