Please read this document carefully before accessing or using the Live Audio Cast (LAC) website (liveaudiocast.co) or any of its related services, as your access or use constitutes an agreement to be bound by the Terms of Service set forth below. In the event you do not wish to be bound by these terms and conditions, you must refrain from accessing or using the LAC website and its related services. Violation of any part of the Terms of Service may result in termination of your user account.
Live Audio Cast (LAC) reserves the right to update and modify the Terms of Service at any time without notice. Any new features added to LAC’s service shall be subject to the Terms of Service. Should you continue to use the service after any such modifications have been made, your use shall constitute consent to such modifications.
The failure of LAC to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and LAC as to its services and supersedes any prior agreements between you and LAC including, but not limited to, prior version of the Terms of Service.
If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
The most recent version of LAC’s Terms of Services are available at: http://www.liveaudiocast.co/terms-of-use/. Any questions regarding the Terms of Service should be address to support at LAC dot com (support@LAC.com).
Your use of LAC and its services – including any content, information or functionality contained therein – is provided “as is” and “as available” with no representations or warranties of any kind, whether expressed or implied. This includes, but is not limited to: implied warranties of merchantability; fitness for a particular purpose; and non-infringement. You alone assume total responsibility and risk for your use of this service.
LAC makes no warranties regarding:
- Your ability to use the service;
- Your satisfaction with the service;
- The service’s availability as uninterrupted and error-free;
- The accuracy of mathematical calculations performed by the service; and
- The correction of bugs or errors in the service.
In registering for an account, you acknowledge and consent to the following:
You agree not to resell, duplicate, reproduce or exploit any part of the service without the express written permission of LAC.
You may not use the service to store, host or send unsolicited e-mail (“spam”) or SMS messages.
The service can be used for transmission of your content and that, during processing, your content – including audio files, file meta data, use names, e-mail addresses and passwords – may be transferred unencrypted over the Internet.
You may not use the service to transmit any viruses, worms, or otherwise malicious content.
LAC and its affiliates and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary and punitive or other damages arising out of or relating in any way to your use of the service.
All LAC users must create an account. Each individual must have his or her own account and will be solely responsible for the privacy and protection of that account. Any suspicious activity (e.g., account hacking due to a lost or stolen password) must be reported to LAC immediately. LAC will not be held liable for any damages or losses that may result from your failure to protect your login information.
You must be 18 years or older to use LAC and its services. If you are over the age of 13, you may create a LAC account provided your parent or guardian has read and agreed to the Terms of Service and pays for the account.
A valid e-mail address is required to complete the sign-up process. This e-mail address must remain valid until such time as you close your account or your account is terminated.
Free accounts are not designed to support full-time podcasters; rather, they allow users to test and experience LAC and its services. Multiple accounts are allowed, but in the event a user is found to be abusing this privilege they will be contacted directly and their account(s) may be terminated.
Episode Submission Terms
In submitting an episode, you waive the right to make a claim related to the episode against LAC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders. This includes, but is not limited to: unfair competition; intellectual property infringement; invasion of privacy; negligence; breach of implied contract; or breach of confidentiality. You further waive all moral rights (droits morales) and any right of attribution you may have in any materials uploaded or sent to us by you.
By registering for a LAC account, you represent and warrant that all episodes:
- Shall be true, accurate, current, complete, and not misleading;
- Shall not violate the rights of any third party including, but not limited to, intellectual property and proprietary rights;
- Shall not be fraudulent or involve counterfeit or stolen information or items;
- Shall not violate any law, statue, ordinance, or regulation; and
- Shall not create any liabilities for LAC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders.
You also agree to maintain and promptly update your episode by means of the Terms of Service in order to keep that information true, accurate, current, and complete.
Furthermore, you represent and warrant that:
- You own or have the necessary licenses, rights, consents and permissions to use and authorize LAC to use all patent, trademark, trade secret, copyright or other proprietary rights in and related to your episode to enable inclusion and use of the episode in the manner contemplated by this Terms of Service;
- You have any and all necessary written or implied consents, releases, or permissions of all identifiable individuals in the episode to use the names, pictures and likeness of each and every such individual to enable inclusion and use of the episode in the manner contemplated by the Terms of Services.
- Unless you personally hold the copyright, there is no copyrighted content allowed on the LAC site. This includes, but is not limited to: audio from ripped compact discs (CDs); purchased digital music; audio books; television shows; or audio found on the web. LAC takes no responsibility for copyrighted content used by any of its account holders. All account holders are responsible for their own content.
You may not post content that:
- Contains pornography or sexually explicit materials;
- Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Is harmful to minors in any way;
- Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- You may not forge headers or otherwise manipulate identifiers in order to disguise the original of any content transmitted through LAC and its services.
- You may not solicit other LAC users to join or become members of any online or other service.
- You may not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
Account Payment and Access
A valid credit card is required for all paid accounts. All LAC accounts are processed using Stripe; therefore, none of your credit card information is stored or otherwise retained by LAC.
A standard monthly or yearly fee will be charged to your credit card based on your account type. All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.
LAC services are billed in advance for each month and are billings are non-refundable. There will be no refunds or credits for partial months of service, nor will refunds be made should you elect not to use LAC’s services during a period of time when your account is open. No exceptions will be made.
In the event your account type changes, LAC will credit your account with any outstanding time that is left over following the account type change. Should you need to downgrade your account, the time you have paid for will be credited.
Should you upgrade your account type between billing cycles, your credit card will be charged the difference between your old and new billing rates plus any overage fees remaining on your account. From that point forward, you will continue to be charged the new billing rate until such time as you change your plan, cancel your account, or your account is removed or otherwise terminated.
Any user that violates the Terms of Services set forth herein and whose account is removed will not be credited time or money to end of the month in which their account(s) was/were removed. The credit card subscription will subsequently be cancelled.
Users will have 24/7 access to their account(s) except for instances where LAC must perform system changes or required updates and upgrades. In these instances, users will be notified in advance by way of an e-mail to the primary e-mail address appearing on their account(s).
Modification to Services and Fees
LAC reserves the right to modify, suspend or discontinue any or all of their services at any time and for any reason, with or without notice.
LAC also reserves the right to change monthly fees at any time. The most current fee structure is accessible at http://www.liveaudiocast.co.
Account Cancellation and Termination
LAC reserves the right to modify, suspend or terminate your account at any time and for any reason, with or without notice or refund. Furthermore, LAC may refuse service to anyone for any reason and at any time. LAC also reserves the right to delete all content associated with a user’s account(s).
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by traveling to the ‘Settings’ page in your account. E-mail or phone requests to cancel your account do not quality for or constitute proper cancellation.
Cancellation may occur at any time but will be charged for the remainder of the month in which the account was cancelled.
Your account and all content will be deleted immediately upon cancellation of LAC services. As such, please ensure that you download and/or archive your content appropriately. LAC does not hold your RSS feed, leaving you responsible for retaining this if you so choose.
Copyright and Ownership
The intellectual property rights to any and all protectable components of LAC and its services are owned either by LAC or its suppliers. This includes, but is not limited to: the name of the service; artwork and end-user interface elements; individual features; and any related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the service which LAC or its suppliers own.
LAC claims no intellectual property rights over content uploaded by users or that is provided to the service. However, in using LAC services to send content, you agree and consent that others may view and share your content.
Disclaimer for User-Generated Content
LAC does not and cannot review all content posted to or created by LAC users and is not, in any manner, responsible for the content of these communications and/or user activities. In registering an account with LAC, you acknowledge that by providing you with the ability to view and distribute user-generated content, LAC acts as a passive conduit for the distribution of such information and is not undertaking any obligation or liability related to the content or any user activities.
LAC does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. LAC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the LAC website for inappropriate content. By using LAC and its services, you understand and acknowledge that you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will LAC be liable in any way for content containing errors or omissions or for any loss or damages incurred as a result of content posted, e-mails, or otherwise transmitted on or via the LAC website or its services.
LAC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders also assume no responsibility or liability that may arise from the content including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and/or publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Notwithstanding the foregoing, LAC reserves the right to block or remove communications, postings or materials that are determined to be:
- Abusive, defamatory or obscene;
- Fraudulent, deceptive or misleading;
- In violation of a copyright, trademark, patent, trade secret or intellectual property or other rights; or
- Offensive or otherwise unacceptable to LAC in its sole discretion.