Lightcast Terms of Service
I. General Terms of Service
All contents on the Lightcast.com website, all interfaces, Lightcast.com service packages, URLs and graphics are property of Lightcast.com and Cross Media.
cross.tv, other partners sites and websites are
Lightcast.com prohibits the posting of any content
that includes sexually explicit language or images of any kind,
including but not limited to nude photos and videos. Lightcast.com further prohibits violent content from being uploaded to Lightcast.com websites, no matter in what shape, degree or form. By
participating in Lightcast.com's online services, each user agrees to
accept these rules and is aware that Lightcast.com maintains all
rights to remove all inappropriate content, including but not limited
to sexually explicit and violent content, from its websites. Lightcast.com maintains sole authority to make the final determination regarding
what constitutes inappropriate content.
Violation may be sanctioned by termination of all
accounts for services with Lightcast.com or by any remedy that
Lightcast.com determines, in its sole authority, to be appropriate.
By registering accessing with Lightcast.com services, you certify that you (a) are at least eighteen (18) years of
age, and that, if you are acting on the behalf of any person or entity,
you are authorized to act on behalf of such party, (b) have read this
Agreement and have agreed to be legally bound by this Agreement, and
(c) agree to all operating rules and policies of Lightcast.com that
may be published within the Website. If the person registering to on
Lightcast.com is under the age of majority in his/her state of
residence, then Lightcast.com rejects your application to subscribe
to services and requests that you exit this website immediately.
Use of Lightcast.com Services
Subject to the terms and conditions set forth herein
and any third party restrictions, the Lightcast.com grants you a
non-transferable, non-exclusive and non-sublicenseable limited right
and license to view, use and access the Lightcast.com Technology, to
incidentally view, print and download the images, text, graphics,
photographs, audio, video and other content to the extent made
available by the Lightcast.com Technology for such purposes on the
Website solely for your informational purposes and for your immediate,
private, personal and non-commercial use.
All rights to ownership or use not expressly stated
herein are reserved by Lightcast.com and Lightcast.com disclaims
any and all implied licenses. Without limiting the foregoing, you agree
not to: (i) reverse engineer, decompile, reverse compile, translate,
adapt, or disassemble or otherwise access or adapt the Lightcast.com Technology, or any part thereof; (ii) copy, distribute, display,
transmit or reproduce the Lightcast.com Technology, or any part
thereof, in any form, including, but not limited to, fonts, icons, link
buttons, wallpaper, and unlicensed merchandise; (iii) publish, display,
disclose, sell, rent, lease, modify, store, loan, distribute, publicly
display or perform, co-brand, frame, permit third parties to link to,
or create compilations or derivative works of the Lightcast.com Technology, or any part thereof, including, but not limited to, using
any part of the Lightcast.com Technology to create fonts, icons,
links, buttons, wallpaper and unlicensed merchandise; (iv) assign,
sublicense, convey, transfer, pledge as security or otherwise encumber
the rights and licenses granted hereunder; (v) use the Lightcast.com Technology in any fashion that may infringe any patent, copyright,
trademark, trade secret or any other intellectual property or
proprietary right of Lightcast.com its affiliates, its third party
suppliers or any other third party; (vi) upload, post, email, transmit
or otherwise make available any material that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (vii) use the Lightcast.com Technology to harm minors in any way; (viii) fraudulently impersonate
any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity using the Lightcast.com Technology; (ix) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through the
Lightcast.com Technology; (x) upload, post, email, transmit or
otherwise make available any materials that you do not have a right to
make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements); (xi) upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation; (xii) upload, post, email,
transmit or otherwise make available any material that contains
software viruses, worms, trojans, spyware, adware or any other
malicious computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; (xiii) interfere with or disrupt the
Lightcast.com Technology or servers or networks connected to the
Lightcast.com Technology, or disobey any requirements, procedures,
policies or regulations of networks connected to the Lightcast.com Technology (including, but not limited, to the Website); and (xiv)
"stalk" or otherwise harass another; or collect or store personal data
about other users.
You agree not to access the Lightcast.com Technology by any means other than through the means that is provided
by the Lightcast.com.
By posting information or other materials on the
Website or within the Lightcast.com Technology or by making such
information available for downloading by you, Lightcast.com does not
waive any proprietary right in and to the Lightcast.com Technology
(including, but not limited to, copyright, service mark, trademark,
patent, trade secret or other intellectual property or proprietary
right) and does not transfer any rights to you in the Lightcast.com Technology except for the limited license expressly granted herein.
Lightcast.com and its respective parents,
subsidiaries, affiliates, successors, assigns, employees, agents,
directors, officers and shareholders assume no responsibility or
liability which may arise from customer uploads, Lightcast.com services or
publications to the customer's social media accounts, including, but
not limited to, claims for defamation, libel, slander, infringement,
invasion of privacy and publicity rights, obscenity, pornography,
profanity, fraud, or misrepresentation. Notwithstanding the foregoing,
Lightcast.com reserves the right to block or remove communications,
postings or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation
of a copyright, trademark, patent, trade secret, intellectual property
or other rights of another or (d) offensive or otherwise unacceptable
to Lightcast.com in its sole discretion.
Any and all trademarks displayed within the Lightcast.com Technology are owned by Lightcast.com, its licensors or its
affiliates, or are the property of third parties in which case the
Lightcast.com makes no claim of ownership rights therein.
You access and use the Lightcast.com Technology at
your sole risk. The Lightcast.com Technology is provided to you on an
"as is" and "as available" basis. To the fullest extent permissible
pursuant to applicable law, Lightcast.com and its respective parents,
subsidiaries, affiliates, successors, assigns, employees, agents,
directors, officers and shareholders disclaim all warranties (whether
express, statutory or implied) of any kind, including, but not limited
to, implied warranties of title, merchant ability, data accuracy,
system integration, fitness for a particular purpose, non-infringement
and any other warranty arising under the uniform commercial code, usage
or trade, course of conduct or otherwise.
Without limiting the foregoing, Lightcast.com and
its respective parents, subsidiaries, affiliates, successors, assigns,
employees, agents, directors, officers and shareholders do not
represent or warrant that (a) the Lightcast.com Technology will be
uninterrupted, timely, secure or error-free, (b) the defects in the
Lightcast.com Technology will be corrected, (c) the Lightcast.com Technology or the servers that operate the Lightcast.com Technology
are free of viruses or other harmful components, (d) the data, results
and information within the Lightcast.com Technology will be correct,
accurate, adequate, useful, reliable or otherwise; and (e) the
Lightcast.com Technology will meet your needs, requirements or
Lightcast.com may make changes to the content
within the Lightcast.com Technology or to the products or services
described in it, at any time without notice to you as long as it does
not affect the agreed scope of service. Further, Lightcast.com and
its respective parents, subsidiaries, affiliates, successors, assigns,
employees, agents, directors, officers and shareholders assume no
liability or responsibility for any errors or omissions in the content
within the Lightcast.com Technology. The materials in the Lightcast.com Technology may be out of date or inaccurate, and Lightcast.com and its respective parents, subsidiaries, affiliates, successors,
assigns, employees, agents, directors, officers and shareholders
specifically disclaim any duty to update such content. Any material
downloaded or otherwise obtained by you through the use of the
Lightcast.com Technology is done at your sole discretion and risk.
You will be solely responsible for any damage to your computer systems
or loss of data that results from the downloading of any such material
including, but not limited to, damage caused by viruses and other forms
of malware or badware.
You acknowledge and agree that Lightcast.com and
its respective parents, subsidiaries, affiliates, successors, assigns,
employees, agents, directors, officers and shareholders shall not be
responsible or liable for (i) any unauthorized access to or alteration
of your Submission; (ii) any Submission sent or received or not sent or
received and (iii) any Submission stored on storage devices owned,
operated or controlled by Lightcast.com. You acknowledge and agree
that Lightcast.com and its respective parents, subsidiaries,
affiliates, successors, assigns, employees, agents, directors, officers
and shareholders shall not be responsible or liable for any Submission
or conduct of any third party, including, but not limited to, content
sent using and/or included within the Lightcast.com Technology
provided by any other user of the Website or any third party licensors
or suppliers of Lightcast.com.
Some countries do not permit limitations or
exclusions on warranties, so the above limitations may not apply to
you. If any of the exclusions set forth in this section is determined
by a court of competent jurisdiction to be unenforceable, then all such
express, implied and statutory warranties shall be limited in duration
for a period of thirty (30) days after the date on which you first
access the Lightcast.com Technology, and no warranties shall apply
after such period.
Limitation of Liability
Neither Lightcast.com, its respective parents,
subsidiaries, affiliates, successors, assigns, employees, agents,
directors, officers, shareholders, suppliers, other third parties
utilized by Lightcast.com, nor any party involved in creating,
producing or delivering the Lightcast.com technology and services
will be liable for any incidental, consequential, direct, indirect,
punitive damages, or any other losses, costs, or expenses or any kind
which may arise, directly, or indirectly, from your use of, access to,
or inability to use and access the Lightcast.com technology or from
your purchase of services through the website, including without
limitation, damages, or injury from or relating to: the downloading or
uploading of any material contained within or accessed via the
Lightast, Inc. Technology; the linking to other websites from the
Lightcast.com Technology; the services or information offered on,
made available through the website; computer virus or system failure;
unauthorized access to or use of servers and/or personal or financial
information stored on the servers; and/or the unavailability of any
services mentioned within the Lightcast.com Technology whether or not
Lightcast.com has been advised of the possibility of such damages.
Subject to the foregoing, in no event shall the Lightcast.com and its
respective parents, subsidiaries, affiliates, successors, assigns,
employees, agents, directors, officers and shareholders' aggregate
liability to you for any and all damages, losses, and causes of actions
(whether in contract, warranty, strict liability, tort or otherwise
including, but no limited to, negligence) exceed the fees paid, if any,
by you to the Lightcast.com for access and use of the Lightcast.com technology or the purchase price of any services and service packages
purchased through the Lightcast.com Technology, or, in all other
cases, Five Dollars.
Access to the Lightcast.com Platform
You shall be responsible for obtaining access to the
Lightcast.com Platform and for all equipment necessary to utilize the
Lightcast.com Service and you acknowledge that obtaining the
foregoing may involve third-party fees (such as internet service
provider or airtime charges). You are responsible for all fees and
charges associated with connecting you to the Lightcast.com Platform
and Technolgy, including, without limitation, all telephone, equipment,
airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations
As a registered Lightcast.com customer, you are
responsible for maintaining the confidentiality and security of your
password and shall be responsible for all uses of your password,
including, but not limited to, any purchases facilitated through the
use thereof, whether or not in fact authorized by you. You agree to
immediately notify Lightcast.com in writing of any breach of
security, including, without limitation, unauthorized use of your
username or password. You also understand that exiting immediately from
your account (i.e., "logging off") at the end of each session will
enhance your account security and that failure to do so may permit
other persons having access to your computer to use, or modify, your
account. If you permit any person to use your username and password,
you shall be liable for all activity and transactions made by that
person including transactions for which you may not have authorized.
For services purchased from Lightcast.com that
require Lightcast.com to utilize your Login information and
Passwords, you agree that it is your sole responsibility to ensure that
Lightcast.com has the most up to date versions of your Login
information and Password. You expressly agree to hold Lightcast.com and its representatives harmless for any damages of any kind due to the
inability of Lightcast.com to access your accounts with invalid
passwords. Lightcast.com, furthermore, has no obligation to inform
you that your Login Information or Password is no longer valid.
The Lightcast.com Technology resides on the public
Internet. Lightcast.com uses commercially reasonable measures to
protect the confidentiality and security of communications transmitted
to Lightcast.com and information stored on servers controlled by
Lightcast.com. Notwithstanding these efforts, Lightcast.com cannot
guarantee the confidentiality and security of such electronic
communications and storage devices used to store such information
(including, personally identifiable information) and disclaims all
liability arising therefrom.
Without limiting the foregoing, you shall not (a)
violate or attempt to violate the security of the Lightcast.com Technology; (b) access data or materials not intended for you; (c) log
into a server or account which you are not authorized to access; (d)
attempt to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures; or (e) attempt to
interfere with service to any user, host or network, including, without
limitation, by means of submitting a virus to the Lightcast.com Technology, overloading, "flooding," "mailbombing" or "crashing" the
Lightcast.com Technology. Violations of system or network security
may result in civil or criminal liability. The Lightcast.com reserves
the right to investigate occurrences that may involve such violations
and may involve and cooperate with, law enforcement authorities in
prosecuting users who have participated in such violations.
Subject to the terms and conditions set forth herein,
you may use the Lightcast.com Technology only for lawful purposes.
The Lightcast.com Technology is subject to, and you agree that you
shall at all times comply with, all applicable local, state, national,
and international laws, statutes, rules, regulations, ordinances and
any regulations having the force of law that are applicable to the use
of the Lightcast.com Technology and to your Submission. Use of
Lightcast.com is governed by the laws and the courts of the State of
Nevada, and by agreeing with the terms and conditions set forth herein,
you also agree to be subject to the jurisdiction of Nevada federal and
You agree to indemnify, defend, and hold harmless
Lightcast.com, its parent company, successors, assigns, affiliates,
agents, vendors, distributors, licensors, end users and suppliers and
their officers, directors and employees from and against all losses,
expenses, obligations, claims, damages and costs, including reasonable
attorneys' fees, resulting from (a) any violation of the terms and
conditions of this Agreement, (b) any activity related to your account
(including negligent or wrongful conduct) by you or any other person
accessing your account, (c) your use of (or inability to use) the
Lightcast.com Technology; and (d) any use of your Submission by
Lightcast.com, social media publications, postings or updates on your
behalf or any other party, including, but not limited to, any third
party claim of infringement of an intellectual property or proprietary
right or invasion of privacy or publicity. This indemnification and
defense obligation will survive this Agreement and your use of the
You agree that Lightcast.com, at its sole discretion, may terminate or suspend your access to, and use of, the Lightcast.com Technology (or any part thereof) temporarily or indefinitely, as deemed necessary by Lightcast.com and Cross Media Group, including, without limitation, for lack of use of the ordered services, or if Lightcast.com has reason to believe that you have violated or acted non-compliant with the terms and conditions of this Agreement. Such reasons of material breach may include, but not be limited to, uploading of non-compliant content such as pornographic content, religiously radicalizing content, hate-speech, encrypted communication with terror-cells, other unlawful use of streaming media, or upon request by authorities such as FBI or Homeland Security.
You agree that Lightcast.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Lightcast.com Technology. Your obligations under this Agreement shall continue even after Lightcast.com has terminated and/or canceled this Agreement or your access to the Lightcast.com Technology. Any provision that by its nature survives shall survive termination, expiration or cancelation of this Agreement including, but not limited to, the license granted by you to Lightcast.com for use of your Submission.
II. Service Contract Terms
(Applicable to your Lightcast Services and Products)
Scope of Service
The subject of this Service Contract is the Scope of
Service as described on the Package Details Page of the selected
Service Package and as described on info pages on www.lightcast.com .
The signer of this contract hereby verifies to having read and fully
understood the Scope of Service included in the purchased service
subscription and to be aware of its conditions and limitations as
described in this Service Contract.
Lightcast.com will not begin with the development of apps, channels or
websites on your behalf - even if included in your active service
package - without your request. Each client is responsible to request
the development of each individual app, channel or website under "My
Broadcast Outlets" within "Account" as it fits their schedule and
Bandwidth for Video Delivery (VM) is accounted for in
"Video Minutes": one VM is deducted for each minute of an uploaded
standard definition video file watched by a viewer and three VM for
each minute watched of an uploaded high definition video file.
Lightcast.com's video players automatically switch between different video
files, adapting to the viewer's available bandwidth. High Definition
video files are only delivered if the file exists in High Definition on
our servers and the viewer has the necessary bandwidth available.
Purchased Video Minutes and Video Minutes included in
subscriptions of individual VOD, LIVE and 24/7 Channels are
"life-time", have no expiration date and only expire upon account
termination. Video Minutes included in service subscriptions, such
as "Video Smart", "Video Growth", "Video Power", "Video
Power X", "Video Power XL" and all "Complete" Packages or Custom Service Packages, are
credited concurrently with each monthly payment or annual payment and expire with each payment cycle.
"Unlimited" Storage is unlimited fair-use usage and capped at 3,000GB. Please inquire on larger storage needs.
Lightcast.com is not liable for the integrity of your
uploaded video files, nor for your file formats, file types, or file
sizes you are attempting to upload, nor for your internet connection,
computer hardware, software or virus issues, or other source of issues
caused during uploads which can damage files and render them
non-transcodable/streamable. FTP Credits used for files which do not
pass the file-check are non-refundable.
The file-size limit of
standard FTP uploads is 5GB. Larger files than 5GB will not be passed on
in transcoding and used FTP Credits will be lost.
The file-size limit of uploads through your browser via Lightcast.com’s web uploader is 2GB.
Social Media Service Provisions and Liability
By registering with Lightcast.com, you certify that
you are and remain the owner of all Accounts registered with Social
Network Sites and remain liable for all its content, publications and
user activity. Lightcast.com merely serves as agent registering and
updating your Social Network Sites upon your commission.
You confirm to having thoroughly read and understood
the Service Agreement and the included Scope of Service and that you
clarified all questions concerning included and excluded Services
Lightcast.com, only publishes commissioned content,
which has been submitted by the customer compliant to the agreed
schedule, time deadlines and form of submission according to the
ordered and fully paid Service Package. Each customer keeps ownership
and responsibility over all content and publications of his/her Social
Network Accounts and keeps the right to make modifications, changes,
corrections to any content or posted information at all times. Any
information or update, such as status updates, tweets, blogs, news
feeds, comments, replies, contact responses, contact requests, online
interaction with followers, upload and sharing of media, is the
property of the costumer and is considered accepted if no written
request for modification has been received by the responsible
Lightcast.com party within 2 hours after publication. As natural
result, no loss of or damage to the customer's business, image,
entities or personal property or damage of affected third party
entities or individuals is the responsibility of Lightcast.com, its
affiliated entities or the Social Networks hosting the customer's
Updates and publications to your account are only
made in English or German language, accounts installed or optimized in
English or German language. Accounts in languages other than English or
German are not accessed by Lightcast.com personal.
While the social media marketing system included in
your selected Lightcast.com Service Package is designed by experienced and
trained Internet marketing professionals to grow your online presence,
increase your website's visibility and traffic and grow the number of
your online followers, Lightcast.com provides no guarantees for
certain numerical growth. The signer of this contract hereby confirms
to understand that the outcome of all social media and Internet
marketing work outsourced to Lightcast.com, is dependent on a broad
variety of factors outside of Lightcast.com's influence, such as the
quality of websites, landing pages, the product and services
advertised, the relevance and popularity of the product, service and
message promoted, as well as press and media coverage and offline
Lightcast.com is not responsible for content being
published on personal social media sites and websites of Lightcast.com staff.
The signer of this contract understands that the only
way of communication between Lightcast.com account managers and the
customer is through the designated means of communication given by
Lightcast.com and depending on the ordered package. Other ways of
contacting Lightcast.com account managers (e.g. by sending a message to,
or posting on, their private social media sites) will not be followed
up or acted on. Lightcast.com is not liable for negative effects
resulting from the client's use of communication ways other than
Lightcast.com's designated methods of communication and cannot be used
against Lighcast, Inc.
Ownership of Login Credentials
By registering with Lightcast.com, you certify that
you keep record of all login credentials and that you are responsible
for requesting password resending. Since you are in ownership of login
credentials of all your Social Network Accounts and you have the
exclusive authority to change all credentials at any given point,
Lightcast.com, cannot be held responsible for content being published
or not published to your Social Network Accounts. Lightcast.com will
at no point make changes to your login credentials, once submitted
after initial installation of the accounts. You confirm to fully be
aware that any credential modification is initiated by you, your staff
or anyone who might have gained access to your accounts and that
modifications often result in the incapability of Lightcast.com's
staff to make updates to your Social Network Accounts.
Liability Limitation for Hardware Downtime
Although Lightcast.com has one of the most reliable
and stable server infrastructures and CDNs with numerous backup and
security measures in place, Lightcast.com's server hardware - like any
other server infrastructure - can be subject to temporary outages
("Server Downtime"), due to internal or external influences. In any
case Lightcast.com cannot be held responsible for loss or damage or
virtual or physical property, reputation or business revenue of its
clients, their affiliates or third party entities of any kind.
Lightcast.com creates and manages paid search and
display ad banner campaigns solemnly upon assignment by the customer
and upon provision of banner artwork in the required formats, ad texts,
ad titles, target URL and information about targeting preferences. Each
customer acknowledges that the relevance of content and design of ad
banners, as well as the quality and conversion optimization of the
landing pages (target URLs) are a leading factor in the campaign
results, such as Click-Through-Rate and Conversion Rate.
Lightcast.com provides no guarantees
regarding CTR, CPC or Conversion Rates, or any facet of a created
and/or managed AdCampaign's performance.
Digital Media Distribution Application
The application required to transcode and publish media to multiple
platforms simultaneously, including ConnectedTV platforms, mobile apps
and social apps, require special feeds populated by your Lightcast.com Control Center. These services are included in “Video Growth” and larger
Service Packages. “Video Smart” and “Gold Complete” are excluded from
“Multi-Screen/Multi-Platform” distribution and from “ConnectedTV
Lightcast.com only initiates distribution of video
content to video platforms upon written commissioning by the client. By
accepting of these Terms of Service, the client certifies to upload no
content of Copyright sensitive nature, is in full knowledge and
possession of all necessary Copyrights for his/her uploaded content and
will under no circumstances hold Lightcast.com responsible for loss
or damage resulting from distribution and placement of his/her uploaded
video content on any serviced video platform.
All subscriptions such as Lightcast.com service packages "Video Smart", "Video Growth", "Video Power", "Video Power X", "Video Power XL", all "Complete"-Packages, all "Social"-Packages, the SEO Booster, as well as Channel Subscriptions such as "VOD", "LIVE", "24/7" and advertising subscriptions such as "AdSponsor" and "MyAdSpace" renew automatically every 12 months, without notice, unless specified otherwise in your contract, and can be canceled in writing any time up to 30 days prior to renewal, whereas cancelations of subscriptions automatically take effect with the last day of the current subscription period. All payments for services provided, and for purchases on the Lightcast.com website, are non-refundable.
Every customer is obligated to submit all necessary
information of a sufficiently funded and credited credit card for
automatic, recurring payments and to notify Lightcast.com, about any
changes in his/her preferred form of payment. Each customer is
obligated to ensure that Lightcast.com, has a sufficiently funded and
active credit card on file at all times. Pre-paid cards and debit cards are not accepted.
Payments for monthly & annual service
subscriptions (aka "Packages") are always due at the same day of the
month (or at the contract renewal date for annual payments) and are
automatically charged to the credit card on file. Renewal date, payment cycle and conditions are
specified in the Service Subscription Agreement, stored inside the
client's Lightcast.com Account. All recurring credit card charges are
based on auto-generated invoices, stored inside the client's
Lightcast.com Account under "Invoices". Each client is
responsible to notify Lightcast.com about changes in credit card details and
to make sure the card on file has sufficient credit line at the payment
day each month.
Should payment fail, our fully automated
accounting system will automatically retry to process the most
up-to-date credit card on file several times following a 21-day grace
period. During this time the system regards the payment as "pending".
During this 3-week grace period the system sends out payment failure
notifications with the request to cure. During the 21-day grace period,
the client has the opportunity to free up necessary credit line on the
card, or to call-in with updated credit card information at no
additional costs or fees. Should the payment issue become resolved
within 21 days from the time of the monthly (or annual) billing date, no penalty fees, re-activation or processing fees apply.
21-day grace period is over, the system automatically deactivates the
account with all its streams and channels, and removes remaining package minutes (bandwidth left over from the previous payment cycle), in order to prevent further
charges for bandwidth or other services used. This results in content
becoming unavailable in embedded video and audio players on your websites, social sites, mobile apps, Connected TV apps, etc. Once
deactivated, it requires the reactivation of the account and all
content, which results in a reactivation fee, automatically charged to
the credit card on file, along with the pending payment. Starting day 30
after unresolved payment failure, Lightcast.com's legal department has to
send correspondence announcing further action, which can result in a
processing fee for each (electronic or mail) letter sent. After 90 days
of unresolved payment failure, the full amount of the pending payments,
as well as the remaining balance of the contract duration becomes due
instantly and will be collected through legal action.
payment terms of Lightcast.com are transparent, clear, standardized and the
process is fully automated for the protection of our company, employees,
missions-funds, welfare-projects and our clients, who benefit from the
cost-efficient structure of Lightcast.com and from great discounts provided.
All sponsorships, grants, discounts on services and low-margin prices
are only possible based on the integrity of our clients and our reliable
and fully automated accounting system.
The Service Provider shall be entitled to increase
the subscription fees and shall give at least 30 days notice of any
such increase to the Customer but shall not increase fees during the
initial term of any subscription agreement and thereafter shall not
increase subscription fees more than once per calendar year.
Cross Media Corporation will only charge payments authorized by contracts signed by the client. Charge-backs via credit cards and banks will be fought and may result in immediate termination of services and media assets, such as removal of uploaded and transcoded media files, removal of apps from app stores, websites or other digital assets and files hosted by Lightcast.com. Charge-backs may result in immediate loss of all uploaded media assets and of all publishing properties developed by, or hosted by, Cross Media Corporation, Lightcast.com and its affiliates. The removal of mobile apps and TV apps from app stores may result in indefinite banning from the respective app stores. Access to Lightcast.com Accounts, the Lightcast.com OVP and User Interfaces may be denied until charge-backs have been resolved and until outstanding payments, charge-back fees and reactivation fees have been paid in full.
Furthermore, upon a charge-back the entire contract value, including all pending, overdue and all remaining invoices of the current contract period, will become due in full effective immediately. Charge-backs leave Cross Media Corporation no choice but to protect its company, its affiliates, its discounted price-levels and other benefits to its clients, especially benefits to Not-For-Profit Organizations, and force Cross Media Corporation to seek the fulfillment of the entire contractual obligation via court systems.
All correspondence, including but not limited to, emails, support tickets, uploads, forms and other services used within the Lightcast.com User Accounts, may be used as proof of use of service, illegitimate cancelation claims or fraud-attempt. Referring to alleged “cancelations” of orders, or contracts, provides no proof nor basis for a charge-back as contracts can only be terminated effective with the next contract expiration or renewal date, and all contracts automatically renew every 12 months. Every Lightcast.com User has to accept the General Terms of Service upon creating a Lightcast.com Account. Every Lightcast.com User signing a contract for a continuous service subscription commits to a specific contract time and value, as well as to the Terms of Service, including the cancelation and renewal terms of service subscriptions.
can be requested and become effective with the next contract renewal.
Downgrades cannot be executed during a contract period due to
Lightcast.com's investment into development features, such as, but not
limited to, Web Applications, Mobile Applications, TV Applications or
other services which required setup and development, as well as the
general costs involved with making changes to a Service Package
Subscription. Such services are
recovered over the period of 12 or 24 months, thus making the premature
downgrading or cancelation of a contract impossible.
Unless specified otherwise in your Service Agreement, all upgrades and downgrades reset the contract renewal date to the date of the up/downgrade.
Installation and setup services are paid off over the course of the initial contract period and is therefore crucial to Lightcast.com's pricing calculations. In the same way each service subscription requires annual maintenance and development services which are paid-off over the course of the renewed contract period. Premature contract cancelation requests for service subscriptions with monthly payment option may be accepted on a case-by-case basis, but in any case require the payment of the full remaining balance (remaining months of service) with the deduction of a 25% early termination discount. Annual payments are non-refundable.
Installation and setup fees, initial subscription payments (for the first month) are non-refundable. Lightcast.com reserves the right to bill for all work already performed up until the time of cancelation.
The one-time setup fee covers a portion of the installation and setup costs and is due upon ordering a new service subscription. It will be charged to your credit card together with the first month's payment.
Websites developed by Lightcast.com are
compatible with later versions of the most significant operating
systems and browsers on stationary devices, such as: Windows, OSX, Firefox, Google Chrome and Safari. Lightcast.com does not provide ongoing complimentary website development service to keep websites compatible with updates and changes of operating systems and browsers. Upon request, Lightcast.com builds mobile versions of each website and/or makes standard websites compatible with older and newer browser versions, as well as device responsive website versions for mobile platforms such as iOS, Android and Windows Mobile.
Lightcast.com can not be held liable
for any changes made by the client or malfunctions resulting thereof once the
website and its CMS access have been submitted and the submission form has been
signed by the client, stating that the website has been developed according to
specifications and can be released to the public.
Further support on website
functionalities and content management system, as well as further web
development can be requested at a discounted hourly rate from your Lightcast.com Account Manager.
Lightcast.com commits to full transparency
and provides each client access to the project overview with a real-time
reflection of the entire scope of work broken down in tasks and the detailed
usage of purchased hours and the balance of remaining hours.
Intellectual Property and Non-Disclosure
All websites, technology, interfaces, advertising
materials, manuals and any type of electronic and print materials
including this contract, are property of Lightcast.com The signer of
this contract is not entitled to make copies or pass on information on
offers, pricing, packaging, concepts to third parties, especially if
used to discredit Lightcast.com or its services, or to provide advantages
of any kind to competitors.
All Apps, Websites and Graphics developed by Lightcast.com remain the sole property of Lightcast.com until paid in full by the client. Only after paid in full the transfer of source code and other proprietary files can be requested.
Sponsored and partially paid OTT/ConnectedTV Apps, Mobile Apps, Websites and iTunes Channels remain the property of Lightcast.com. All code, graphics and software items of sponsored and partially paid products, as well as complimentary add-ons including, but not limited to, OTT/ConnectedTV Apps, Mobile Apps, iTunes Channels, Websites and the Lightcast.com Online Media Campus are property of Lightcast.com and cannot be transferred.
Unless specified otherwise by written contract or invoice, Lightcast.com always uses its proprietary SDKs and extensive template frameworks for each mobile or TV App platform. These unique SKDs are proprietary technology of Lightcast.com
and cannot be copied or re-used by third-parties.
Custom programmed Apps outside the Lightcast.com template framework can be transferred to third party servers or developer accounts if paid in full. This may require paying the difference initially deducted as discounts.
The Lightcast.com Media Campus and its features is granted to Lightcast.com subscription clients for the duration of their subscription, and can be
customized by Lightcast.com at a discounted hourly rate.
All feeds, content URLs, StreamIDs, ServerURLs are proprietary Lightcast.com property and only shared with each client individually for the purpose
of internal use by the client. For the purpose of ensuring the highest
level of security for all Lightcast.com Clients, the sharing of information
about feeds and URLs to contents (video or audio assets) or server
instances, are to be kept confidentially by all parties. Any sharing via
email, phone or other forms of communication to third-parties, or
"non-clients", is prohibited.
Please note that it is prohibited to use media files stored on the LightcastCDN in third-party players, or non-approved apps, without written permission by Lightcast.com. This is to ensure that all direct-links or feeds are integrated correctly in order to provide a positive user-experience for your viewers. Lightcast.com will be happy to assist with provision of media files and feeds, as well as with web- or app-development as needed. Unauthorized deep-linking to files or use of media feeds is not recommendable and is not allowed.
Web Development, App Development: unless all requirements and graphics are specified by the client in detail in advance, as well as reference sites provided, Lightcast.com has full creative freedom to make the best out of the purchased Web Dev Hours. The prepaid hours are used as time & material. The client has the right to request reports on how Wed Dev or App Dev Hours are being used and to deliver detailed specifications on features, functionalities and designs. Changes, modifications or extensions are not subject to refund and have to be paid in full. Additional prepaid hours may have to be purchased as needed. Initial layouts or versions of websites or apps are not considered "pro bono" previews, created free of charge, but are the full product and service the prepaid hours are purchased for. Therefore Lightcast.com recommends clients to deliver specifications, requirements, graphics and reference websites / apps during discovery, prior to the launch of development.
Access to new features
develops and extends its interfaces, scope of service and features, and
its OVP applications continuously. This results in release of new
features. In case new features have been added to the Service Package of
your current subscription, you have the right to inquire with Customer
Care pro-actively on such features even if they have not been included
in your original Service Agreement or are not yet displayed in your
Control Center. No refunds or compensations are granted for unused
services or for new features released as updates to existing service
Third-Party Service Providers
In regards to Social Media Marketing, Online
Advertising, Video Distribution, Video Delivery, Transcoding and
Storage, Lightcast.com holds the right to use third-party service
providers - cases in which Lightcast.com only serves as an agent and
not as service provider and cannot be held responsible for quality or
interruption of service. Example: in regards to Social Media Marketing
and Online Advertising, Lightcast.com only serves as Agency,
assisting Lightcast.com customers with installation, optimization and
updating of accounts on social platforms, while the current Terms of
Service of each Social Network and Social Media Service Provider, such
as Facebook, Twitter, YouTube and others, are accepted and acknowledged
by each customer.
LightcasterXD Hardware Encoder
Hardware remains the property of Lightcast.com. Should the hardware be
damaged by the client, Lightcast.com reserves the right to invoice
for necessary repairs or replacements. It is prohibited to open or
manipulate the hardware by the client. The case is sealed. It is the
client's responsibility to verify that the case is sealed upon delivery
and to notify Lightcast.com immediately whenever the seal is broken. All
warranties and liabilities are void the moment the seal is broken.
Provisions:Upon discovery of irregularities of the hardware's or
software's performance, the client has to be available via phone and
email for necessary trouble-shooting. All issue reports on the hardware
have to be submitted along with photos taken of the device. In case
consistent hardware ore software issues cannot be resolved remotely, the
device is picked up by Lightcast.com's shipping carrier and investigated by
Lightcast.com's System Administrators. Should damage through external
force, water or heat be discovered, Lightcast.com reserves the right
to charge for costs of replacing the device and shipping costs.
Future Modifications of the Terms of Service
Lightcast.com holds the right to make amendments
notify each signer of this Agreement by Email or other electronic way
of communication, which signers of this agreement are obliged to accept
to guarantee continuous service.
Lightcast.com is a property of Lightcast, Inc., NV and is managed by cross:media corporation.
3611 Mt. Holly Huntersville Rd., Suite 241-242
Charlotte, NC 28216, United States
III. Terms of Service for SmartTV Apps/Broadcast Outlets
Conditions for OTT/SmartTV Marketing Channels
Unless otherwise specified in the Service Subscription Agreement, contracts for OTT/SmartTV Marketing Channels renew automatically every 12 months without notice, unless canceled in writing up to 30 days prior to renewal date.
Conditions for Advertising Contracts
otherwise specified in the Service Subscription Agreement, Advertising
Contracts for publishing of banner or video ads on websites, mobile apps
or OTT/SmartTV apps/channels renew automatically every 12 months
without notice, unless canceled in writing up to 30 days prior to
Development of Sponsored Products
Sponsored products including, but not limited to, Mobile Apps,
Roku Apps, AndroidTV Apps, FireTV Apps and other SmartTV Apps are paid by
Lightcast.com. The full scope of work for the development of such
sponsored products, described in the Service Subscription
Agreement and signed by the client, is limited to the initial
development phase, the number of channels and features as
described in the client's SSA. Further extensions or changes of
sponsored products are billed to the client at regular rates.
Development of Mobile Apps
Android Mobile Apps developed by Lightcast.com are compatible with the latest Android version and common, market standard devices at the time the App was developed and submitted to the App store. Lightcast.com does not guarantee the downward compatibility with older Android versions, nor with all models of less common devices. Lightcast.com does not automatically provide ongoing complimentary app development service to keep apps compatible with releases and changes of operating systems, such as the release of future Android version. Upon request and at a fee, Lightcast.com can make your Android Mobile App compatible with older and newer Android versions, depending on each Client’s requirements and preference.
iOS Mobile Apps developed by Lightcast.com are compatible with the latest generation of iOS devices at the time the App was developed and submitted to the App store. Lightcast.com does not guarantee the downward compatibility with older versions, nor continuous upward compatibility with changes of software and updates to the iOS platform. Upon request and at a fee, Lightcast.com can make your iOS Mobile App compatible with older and newer iOS versions, depending on each Client’s requirements and preference.
Redistribution, Viewership Growth Support, Additional Exposure
order to support its clients' growth in viewership and reach, Lightcast.com reserves the right to redistribute selected SmartTV Channels under
"special interest apps" and to recommend it for enhanced promotion as
featured content on SmartTV platforms. "Special interest apps" are
dedicated apps for certain industries, such as the "Hotel Channel", the
"Animal Channel" or the "Cruise Channel", or dedicated apps of church
denominations, forming an "umbrella channel" over its affiliated
churches. Viewers may consume video minutes deducted from the video
minute balance. Views and statistics for redistributed SmartTV Channels
will show up in the appropriate SmartTV category (Roku, GoogleTV,
iTunes) in the Media Stats Center.
Publishers utilizing OTT/SmartTV broadcast outlets, including but not limited to, Roku Channels, GoogleTV Apps or Yahoo Connected TV Widgets, confirm to completely understand, that each additional broadcast outlet or publishing platform has the ability and goal to increase viewership and that the increase in viewership always results in an increase of bandwidth usage. This may result in the need of upgrading to a larger bandwidth plan (Service Package) or to purchase additional Video Minutes.
Advertising on leased/sponsored Channels
Lightcast.com reserves the right to place ads on selected Roku Channels, GoogleTV Apps
and other SmartTV Apps, as well as on the free Online Media Campus,
owned by Lightcast.com and provided as part of a grant, sponsorship or
special offer, as long as the development of the app or online media
campus has not been paid by the client. Each client can request a quote
for "buying out" the code & file package of sponsored apps at any
Lightcast.com Clients (aka "Publishers" or "Broadcasters") utilizing Lightcast.com's SmartTV App development service agree to keeping their OTT/SmartTV apps and channels online and available in the public channel stores and app stores they have been published to, for at least 24 months. A 24-month minimum commitment for new OTT/SmartTV apps and broadcast outlets is necessary in order to avoid penalization by the SmartTV publishing platforms and to avoid loss of reputation with viewers and subscribers. Publishers understand that Lightcast.com has to enforce this minimum commitment on behalf of SmartTV publishing platforms, taking all necessary action to keep your SmartTV apps and broadcast outlets live for a minimum of 24 months, while indemnifying its own operations from all bandwidth costs occurring by its Clients' SmartTV apps and broadcast outlets.
In addition, Apps developed with sponsorships or grant funding are
subject to the terms of the respective grants, such as a minimum
contract duration and uptime of published Apps. Please see service
agreement or consult Lightcast.com Customer Care with questions in regards
to additional terms applicable.
ConnectedTV Approval Disclaimer
of new TV Apps in all global app/channel stores worldwide is intended,
pursued, very likely, but not guaranteed. Category & store
assignment remains subject to each platform’s discretion. No refunds or compensations are granted for rejected apps, or for delays caused by the review service of a ConnectedTV platform.
Lightcast.com is a property of Lightcast, Inc., NV and is managed by cross:media corporation.
3611 Mt. Holly Huntersville Rd., Suite 241-242
Charlotte, NC 28216, United States
IV. EasyPay Payment Processing Service Terms
Lightcast EasyPay Terms
Lightcast EasyPay is a payment processing service provided to Lightcast.com Clients with active Service Subscriptions for the purpose of processing payments of Channel/Media Subscribers (Businesses) and Donors (Not-For-Profits).
Transaction costs for multi-platform donation processing range between 4% and 8% and according to the terms as specified on the public website of Lightcast.com .
Transaction costs for multi-platform subscription payment processing for restricted media access range between 20% and 30% and follow the terms as specified on the public website of Lightcast.com .
Payments are received in the Client’s dedicated Crosstribution.com account and displayed as cross.credits, as well as in USD, EUR, GBP, CHF and YEN. Payouts have to be requested by the Client pro-actively and are processed according to the terms of Crosstribution.com . Both EasyPay and credits for referrals to Lightcast.com are credited to the same connected Crosstribution.com Account.
EasyPay & Referral Commission credits are available for payout up to 6 months after generation. The cancelation of Service Subscriptions and/or accounts on Lightcast.com or Crosstribution.com may result in the expiration of EasyPay revenue and Referral Commission Credits. Lightcast EasyPay Clients (for Channel Subscriber & Payment Handling, PPV or Donation/Payment Processing) and Affiliate Partner with generated referral commission credits, are fully responsible to request Payouts in time - within 6 months, or prior to cancelation of Service Subscriptions or termination of their accounts.