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Terms And Conditions - LIVEpigeon LLC 

Last Updated on March 25th, 2021

Acceptance of Terms Through Use

We provide our Services to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s). If you do not agree to any of these terms, then please do not use the Services.


Age Restriction

If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.


Description of Services

We provide visitors to the Website (“Visitors”) and registered users of the Services (“Users”) with access to the Services as described in this Agreement.

Visitors: Visitors, as the term implies, are people who want to look around and see what the Website is all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.


Users:
  • participate in our promotional programs;
  • sign up for alerts and other notifications; and
  • upload, schedule, share and stream their videos (“User Content”) on supported third-party platforms such as Facebook, YouTube, Periscope, etc.
We are under no obligation to accept any individual or organization as a User, and may accept or reject any User in our sole and complete discretion.


Agreement to User Conduct Rules

You agree to abide by LIVEpigeon's User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose.

By posting information in or otherwise using any communications service, message board, social networking site, video distribution service, video sharing service or other interactive or live streaming service that may be available to you on, or through, our website and our mobile applications, you agree that you will not upload, stream, post, share or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, video or other information (hereafter "Content") that:
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates LIVEpigeon’s rules or policies;
  • ​contains illegal or brand-damaging content such as images/videos or rape, brutality, extortion, child exploitation or pornography;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
You also agree that you will not harvest or collect information about the users or members of this Service or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 13 years old or younger.

You will not access or use the Services to collect any market research for a competing business.

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

You will not cover, obscure, block, or in any way interfere with any advertisements on the Services.

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.

You will not attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means. You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us.

You will not use the Services for any malicious activity, as determined by Live Pigeon in its sole and absolute discretion.


Unauthorized Activity

Live Pigeon generally does not pre-screen, monitor, or edit the content posted by users of our video streaming/distribution services, message boards, or other interactive services that may be available on or through this site or our mobile app. However, Live Pigeon and its agents have the right at their sole discretion to stop any content from streaming that, in Live Pigeon’s judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Live Pigeon is not responsible for any failure or delay in removing such content.

If you violate User Conduct Rules more than 2 times in a 6-month period, your account will be blocked and you will be barred from using Live Pigeon.

We may, at our sole discretion, provide all information that we have about you including your data, content or any information we may have about you in our records to law enforcement agencies, regulatory bodies, third parties’ websites to which you connected via Live Pigeon and other government institutions, if they request this information to investigate alleged breaches of User Conduct Rules.

When you stream videos to other third-party websites via Live Pigeon, it is your sole responsibility to make sure you comply with the policies of those third-party websites. Live Pigeon is not responsible for any violations, breaches or non-compliance with third party websites rules and terms of service. If those third-party websites provide us with any evidence of violation of their terms of service by you, we will block your access to Live Pigeon and notify you by email.

In case your account is blocked due to violation of User Conduct Rules or any other unauthorized activity you will have 15 days to appeal the decision. To appeal, you must send us email at support@livepigeon.com.

You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

Please let us know about any inappropriate behavior. If you find something that violates our Guidelines, please send us an email and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Services (or any portion of them) and/or to remove any User Content without notice.

You are bound to follow community guidelines put in place by the streaming destination platforms like Facebook, YouTube, Periscope, and others. If your streaming content or video violates their copyright and community standards, they have the right to bring your content down.


Sign-in Name, Email Address, Password

If a User does not log in to the Services using a third-party login provider (e.g., Facebook), such User will be required to create an account, which includes an email address (“Email Address”), sign-in name (“Sign-In Name”) and, a password (“Password”), and perhaps certain additional information that will assist in authenticating the User’s identity when he or she logs-in in the future (“Unique Identifiers”). When creating the account, Users must provide true, accurate, current, and complete information. Users are solely responsible for the confidentiality and use of their Sign-In Names, Passwords, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services. A User will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change Users’ Passwords, Sign-In Names, or Unique Identifiers at any time and for any reason. Live Pigeon will not be liable for any loss or damage caused by any unauthorized use of Users’ accounts.


Third Party Sites & Platforms

Live Pigeon's mobile applications and website allows you to live stream your pre-recorded videos to different third-party supported video platforms and/or sites. These video sites/platforms may contain information or material that some people may find inappropriate or offensive. These other video sites/platforms are not under Live Pigeon's control, and you acknowledge that Live Pigeon is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of a third-party platform/site where you can distribute your video does not imply endorsement of the site/platform by Live Pigeon or any association with its operators.


Intellectual Property

The Services contain material, such as software, text, graphics, images, and other material provided by or on behalf of Live Pigeon (collectively, the “Service Content”). The Service Content presented to you as part of the Services, including, but not limited to, advertisements, may be owned by us or by third parties and is protected by intellectual property rights under both Finnish and foreign laws. You have no rights in or to the Service Content, and you will not use the Service Content except as permitted under this Agreement. The trademarks, service marks, logos of Live Pigeon (the “Live Pigeon Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Live Pigeon. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Live Pigeon Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the Live Pigeon Trademarks inures to our benefit. You will not display or use the Live Pigeon Trademarks, in any manner, without Live Pigeon's prior permission.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.


Communication With Us

Although we encourage you to communicate with us, we do not want you to, and you should not, provide us any content that contains confidential information. With respect to all emails or other communications you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, improving the Services and the development, production, and marketing of products and services that incorporate such information, without compensation to you.


User Content, Publicity

As noted above, the Services provide Users with the ability to share and live stream User Content. You expressly acknowledge and agree that YOU, AND NOT LIVE PIGEON, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU SHARE VIA THE MOBILE APP AND WEBSITE.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sub-licensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sub-licensable (through multiple tiers) license to: (i) modify, transcode, combine with other content, copy, record, synchronize, transmit, translate, format, and distribute all of your User Content, your Sign-In Name, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised on, through, or in connection with the Services.

If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section (including the permissions of anyone depicted in your User Content and the appropriate music licenses), and that it and its use by Live Pigeon and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, moral rights, privacy rights, or publicity rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Guidelines.


Warranties & Limitations of Liability

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LIVE PIGEON SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


International Use

Live Pigeon makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Live Pigeon shall not have any liability with respect to such use.


External Sites

The Services may contain links to third-party websites or may otherwise allow you to gain access to third-party websites (“External Sites”). These links and/or access to such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.


Third Party Sites & Platforms Terms of Service

If you choose to remove LIVEpigeon, access to your user data via the Google security settings page at https://security.google.com/settings/security/permissions


Indemnification

You agree to defend, indemnify, and hold the Live Pigeon and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees harmless from and against any claims, actions, suits, proceedings, or demands (collectively, “Claims”), including, without limitation, reasonable legal and accounting fees, arising or resulting from your User Content, your breach of this Agreement, and/or your access to, use, or misuse of the Services. We shall provide notice to you of any such Claim and shall assist you, at your expense, in defending any such Claim. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.


Compliance with Applicable Laws

The Services are based in the United States of America. We make no claims concerning whether the Services or the Content may be used or are appropriate for use outside of the United States of America. If you access the Services from outside of the United States of America, you do so at your own risk. Whether inside or outside of the United States of America, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the District courts of Idaho, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.


Severability & Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Live Pigeon with respect to this Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Live Pigeon with respect to this Service. If any part of these Terms of Use is 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.


Stored Videos

Your uploaded videos are securely stored in our servers located in the Amazon AWS network. All videos that are not used for 7 days are automatically deleted from our servers. To consider a video as used, a new schedule must be created for it within 7 days. Once you schedule a stream using a stored video, the 7 day counter is reset for that video.


Cancellation

You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent billing period (monthly or yearly) in order to avoid being charged for the next billing period’s subscription fee. If you cancel your subscription, the cancellation will become effective at the end of the then current subscription billing period.


Life Time Deals, Discounts & Promotions

Any special life time deals or discounts that you receive from Live Pigeon will only remain valid as long as your subscription is active. If you upgrade/downgrade your existing subscription or cancel it, you will lose all discounts/life time benefits on that subscription, unless Live Pigeon decides otherwise. Reactivating or subscribing to another plan will not automatically entitle you to the same benefits/discounts again. Live Pigeon reserves the right to remove any discounts from your subscription at any time without prior notice or liability.


Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. You acknowledge that Live Pigeon shall not be liable to you or any third party for any termination of your access to this Site or service.

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Contact Us

Boise Idaho - USA
  support@LIVEpigeon.com
  716-980-5483
(Open-9AM - 9PM MST)
LivePigeon.com, ©2020+ All Rights Reserved
1755 N WestGate Dr Ste 225 • Boise, ID • 83704
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