Shaw Hockey Productions
Livestream Terms of Service
Last Updated: April 27, 2020
This Livestream Terms of Service Agreement (the “Livestream Terms“) is made between Shaw Hockey Production, LLC (“Shaw,” “we,” “us,” or “our”) and you. These Livestream Terms govern your use of our live video hosting and streaming services (each a “Livestream”) through the Shaw Platform, applications, and embeddable video players (collectively, the “Livestream Services“).
By checking “ACCEPT” or other similar box, creating a User Account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Livestream Services, you accept these Livestream Terms and consent to contract with us electronically.
We may update these Livestream terms by posting a revised version on our website. By continuing to use our Livestream Services, you accept any revised Agreement.
THESE LIVESTREAM TERMS INCORPORATES BY REFERENCE ALL THE TERMS AND CONDITIONS STATED IN THE POLICIES AND AGREEMENTS IN THE ADDENDA LISTED IN SECTION 8 BELOW. PLEASE REVIEW THE FOREGOING DOCUMENTS AS THEY CONTAIN PROVISIONS THAT ARE BINDING ON YOU, INCLUDING BUT NOT LIMITED TO PROVISIONS THAT GOVERN HOW CLAIMS YOU AND SHAW HAVE AGAINST EACH OTHER CAN BE BROUGHT.
Capitalized terms not defined herein have the meaning set forth in our other agreements and policies listed in Section 8.
These Livestream Terms are not meant to alter the terms or conditions of any separate written agreement between you and Shaw, and to the extent any terms conflict, your written agreement with Shaw control.
1. Livestream Services and License
Subject to the terms hereof, we grant you access to our Livestream Services. This includes the right to:
- Stream Livestreams that you have the right to view;
- Embed our embeddable video player on third-party websites; and
- Use all related functionality that we may provide.
The features available to you will depend on what Livestream Service you select. We may change features from time to time.
Livestreams are usually available for up to 30 days from the date of the Livestream. If you wish to purchase the Livestream in its entirety, please contact us at firstname.lastname@example.org. Livestreams will be broadcast on publically available websites unless prior arrangements are communicated and made for broadcast on an unlisted, private, or password protected site.
You must provide your own device and Internet access to use the Livestream Services.
We may charge extra for the following uses of our Livestreams: (a) plays on third-party sites; (b) plays within third-party apps (e.g., mobile or connected TV apps); (c) plays when our Livestream Player is connected to a third-party payment solution; or (d) plays when our Livestream Player is connected to a third-party advertising solution.
2. Acceptable Use of our Livestream
We may offer our Livestream Services through third-party applications for devices (“Applications“) directly or through third-party stores. We may replace the Application without notice to you. Additionally, you may be required to agree to a third-party’s terms of service to use the Application, and go through a vetting process at the request of the third party Application provider (“Third Party Services Agreement”). By accepting these Livestream Terms, you agree that they have reviewed and agreed to, the Third Party Services Agreement. Please note that we are not a party to the Third Party Services Agreement and that you, the third party Application provider and any other parties listed in the Third Party Services Agreement are the parties to the Third Party Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Third Party Services Agreement.
We may offer application programming interfaces (“APIs“) that allow developers (“Developers”) to build applications connected to our Livestream Services.
Additionally, we may permit you to embed our Livestream Services on third party-websites.
You must comply with the following conditions in order to use our Livestream Services and to use our Livestreams on third party applications and websites:
- You will comply with all laws and regulations (including those applying to personally identifiable information).
- You will not mislead end users.
- You will not display advertisements within the video player provided by us (“Livestream Player”) (e.g., pre- or post-roll ads, flash overlay ads, etc.) without our prior written consent.
- You will not alter, remove, replace, or mask any aspect of the Livestream Player (including the trademarks, copyright notices, logos, and like, embed, and share features) without our prior written consent.
- You will not charge end users a fee for using or accessing your application or our Livestream, Livestream Services, or Livestream Player without our prior written consent.
- You will not represent that we have approved your application or website without our prior written consent, nor will you suggest that you or your application or website is affiliated with us.
- You will not reverse engineer or decompile our API, Livestream Plater, or Livestream.
- You will not crawl or data mine content or data that is stored or transmitted by us or end users and metadata associated with such content (“Livestream Content”) without our prior written consent.
- You will not record or otherwise download or save the Livestream or any Livestream Content.
- You will not introduce malware through the application or website in which you place our Livestream.
- You will not modify Livestream Content.
- You will only request, use, and retain Livestream Content as necessary to operate, optimize, and modify your application.
- You will immediately forward to us any notices made pursuant to the Digital Millennium Copyright Act with respect to any Livestream Content.
- You will immediately notify us of any data breach or vulnerability resulting in the actual or potential unauthorized disclosure or end user information.
As between us and you, (a) we own our software, documentation, Livestream, Livestream Player, Livestream Services and results thereof, Livestream Content, our API, and the Shaw Platform; and (b) you own your application. Except as expressly set forth herein, neither party transfers any right, title, or interest in or to its intellectual property. All rights not expressly granted by us are reserved. We may develop applications and services that are similar to your application.
Subject to your compliance with the terms hereof, we grant you a limited, non-exclusive, revocable license to use our name, trademarks, and logo for descriptive purposes in connection with your application and use of our Livestream Content. You must comply with any branding guidelines that we publish.
You grant us a limited, non-exclusive license to use your name, logo, and trademarks for the purpose of listing or featuring your application. You further grant us permission to link to your application. The foregoing rights shall not be deemed obligations by us to promote your application.
You represent and warrant that (a) you have the right and authority to enter into and perform your obligations herein; (b) you have the right to grant the permissions set forth herein; (c) you will not be breaching any agreement with a third party by entering into these Livestream Terms; and (d) your application will not infringe any third party’s intellectual property rights or violate any applicable law.
3. Production Livestream Services
We may offer live streaming production services. These services are governed by our Productions Livestream Services Agreement.
We may from time to time charge a fee to access to our Livestream Services, including fees based on an auto-renewing subscription model. You will be notified of any fees prior to your use of our Livestream Services.
You may cancel any subscription through your User Account or by contacting us.
WE TYPICALLY DO NOT OFFER ANY REFUNDS, but reserve the right to offer refunds on a case by case basis in our sole discretion.
You must pay all fees (plus any taxes) incurred by you, or under your User Account.
5. Prohibited Use of our Livestream Services
You agree to comply with all applicable laws with respect to your use of the Livestreams. Shaw may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. The Livestreams are provided for your personal, non-commercial use. You may not distribute, reproduce, republish, display, transmit or use any material for public or commercial purposes without the written permission of Shaw. You may not sell, resell, rent, lease, or distribute any aspect of our Livestream, Livestream Content, Livestream Player, or Livestream Services to any third party unless authorized by us in writing.
BY THEIR NATURE, LIVESTREAMS MAY CONTAIN GRAPHIC CONTENT THAT MAY NOT BE ANTICIPATED. WE USE COMMERCIALLY REASONABLE EFFORTS TO PIXILATE, COVER, OR OTHERWISE STOP TRANSMISSION OF LIVESTREAMS IN THE EVENT THAT SUCH LIVESTREAM CONTAINS GRAPHIC CONTENT, BUT WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO DO SO IN A TIMLEY MANNER. AS SUCH YOU HEREBY ACKNOWLEDGE THAT YOU WATCH EACH LIVETREAM AT YOUR OWN RISK AND THAT YOU MAY SEE GRAPHIC CONTENT.
SHAW PROVIDES THE LIVESTREAM SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE LIVESTREAM SERVICES AT YOUR OWN RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF SHAW, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “SHAW GROUP“) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES“) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE SHAW GROUP DOES NOT WARRANT THAT THE SHAW PLATFORM, THE LIVESTREAMS OR THE LIVESTREAM CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Among other things, Shaw makes no representations or warranties:
- That our Livestream Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our users or people appearing the Livestream;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Livestream Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
While Shaw makes every reasonable effort to ensure that the Livestreams made available on the Shaw Platform do not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Livestreams, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Shaw Platform and Livestreams.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SHAW GROUP (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SHAW PLATFORM, THE LIVESTREAMS OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE OF, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SAME), REGARDLESS OF WHETHER THE SHAW GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SHAW’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO SHAW BY YOU FOR THE LIVESTREAM SERVICES.
CERTAIN LIVESTREAMS ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC NETWORKS AND FACILITIES, THAT ARE NOT UNDER THE CONTROL OF SHAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SHAW GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SHAW PLATFORM, LIVESTREAMS OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS AND SUBSCRIPTIONS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Livestreams may be temporarily unavailable as a result of disruptions as described above. While Shaw makes every reasonable effort to minimize such downtime, Shaw cannot guarantee the 100% availability of the Livestreams. Accordingly, if you are dissatisfied with the Livestream Services for any reason, your sole and exclusive remedy is to discontinue use of the Livestream Services in accordance with these Livestream Terms.
You expressly acknowledge that Shaw has set the Fees for the Livestream Services, entered into these Livestream Terms, and has and will make the Livestreams available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Shaw. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Livestream terms.
Representations and Warranties
You represent and warrant that (a) you have the right and authority to enter into and perform your obligations herein; (b) you have the right to grant the permissions set forth herein; (c) you will not be breaching any agreement with a third party by entering into these Livestream Terms; and (d) your use of the Livestreams, when used in accordance with this Livestream Terms, will not infringe any third party’s intellectual property rights or violate any applicable law.
The Livestream Terms incorporate the following policies and agreements, and all the terms and conditions contained therein, by reference:
- Livestream Services Agreement
- License Agreement
Please review the foregoing policies and agreements as they contain provisions that are binding to you.
No waiver by Shaw of any term or condition set out in these Livestream Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shaw to assert a right or provision under these Livestream Terms shall not constitute a waiver of such right or provision.
If any provision of these Livestream Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Livestream Terms and shall not cause the invalidity or unenforceability of the remainder of these Livestream Terms.
These Livestream Terms constitute the sole and entire agreement between you and Shaw and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Livestream Services.
If you have any questions regarding these Livestream Terms, the Shaw Platform, or Livestream Services, please contact email@example.com.