Last Updated: 1/23/2020
LiveFREE-TV reserves the right change, modify or amend these Terms at any time, or to impose new conditions on the Services (collectively, the “Changes”). All Changes will be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Services. Any use of the Services by you after such notice shall be deemed to be your acceptance of the Changes. If any modification to these Terms is unacceptable to you, you may immediately terminate your use of the Services.
4. Your Use of the Services
Except as stated in these Terms, all content and software provided through the Services are licensed non-exclusively and revocably to you for your private, non-transferable, non-commercial, limited use in the United States of America as set forth in these Terms. All rights in the Services, including all software, data, and content, including the Video Content, in or used in connection with the Services, (collectively defined as ”LiveFREE-TV Property”), belong to Excellent Multimedia, Inc. and its licensors and all intellectual property rights and goodwill associated there with shall remain with and accrue to LiveFREE-TV or its licensors. This license and all use or access to LiveFREE-TV Property is expressly conditioned on your compliance with these Terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. While you may access, view, use and display the Services for your private use, you may not modify, adapt, arrange, translate, reverse engineer, decompile, disassemble, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any portion of the LiveFREE-TV Property, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, leasing, loaning, sublicensing, retransmission, publication or commercial exploitation of any portion of the LiveFREE-TV Property will be permitted without the express written permission of LiveFREE-TV and any relevant third party copyrights owners. For the avoidance of doubt, you shall not exhibit any Video Content in any public viewing area or location for which an admission fee is charged expressly for the viewing of such Video Content. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with the Services, or any of the LiveFREE-TV Property or services offered through the Services. The Services and content or services provided through the Services may contain security or technical features that will prevent use of content or services in violation of these Terms, and you will not circumvent these features without a legal right to do so. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred. The foregoing provisions of Section 4 are for the benefit of LiveFREE-TV and its third party providers, contractors, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to LiveFREE-TV or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law. Except as these Terms expressly grant, we and our licensors reserve all rights, interests, and remedies in connection with the Services and the LiveFREE-TV Property. Upon termination of these Terms, your Account, or license to any LiveFREE-TV Property, you will immediately cease use of the LiveFREE-TV Property. Use of the terms ”own,” ”ownership”, ”purchase,” ”sale,” ”sold,” ”sell,” ”rent” or ”buy” on or in connection with the Services does not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights from us or our licensors to any user or third party.
6. Children and Parental Controls
The Services are not intended to be used by children without involvement and approval of a parent or guardian. As the parent or legal guardian, you are responsible for monitoring your child’s access to or use of Services, as well as any communications made or received by your child on or through Services. You are also responsible for the use of your Account by your children or others. Some Video Content may be objectionable or age-inappropriate for some users. Please consider what is appropriate for your child and check any Video Content ratings and descriptions where available, before you access any items or permit your child to do so. However, not all content is rated and parental controls may not apply to content that is not rated. In some cases, third parties provide the content ratings or descriptions for items, and we cannot guarantee the accuracy or completeness of that information. Some content that you access on your system or device may be accessible by all users of that system or device, and parental controls on those systems or devices may not apply to certain types of content.
7. Eligibility; Authorization
Use of any part of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is current, complete, truthful and accurate; (b) you will maintain and promptly update such information as necessary, so that it remains current, complete, truthful and accurate; (c) you are 18 years of age or older; (d) you have the authority to enter into these Terms; and (e) your use of the Services does not and will not violate any applicable law, regulation or agreement. We reserve the right to cancel any Account that uses, or that was created using, untruthful or inaccurate information or that was created for a primary purpose that violates these Terms. Termination of your Account may result in the termination of data or purchases associated with the Account.
8. Video Content and Video Streams
Video Content is generally made available to users via Website and Services for a fee. Certain variables not within our control may impact the delivery of and access to Video Content, including without limitation, availability of Video Content from our third party licensors, the speed and availability of your broadband or network connection, compatibility between the format of the Video Content and the device you use to access that Video Content, and any applicable restrictions that may be imposed on the Video Content from our third party licensors. These variables may cause delays, technical difficulties or an inability to view the Video Content. Digital versions of some Video Content be different from the original formatted content or previously released versions of the same titled content.
Video Content may be made available to you as a live or near-live stream (”Live Stream Content”) or as a licensed stream supported by advertising or promotional materials that may be for a limited duration (”Ad Supported Content”). Video Content is subject to digital rights management rules, and are subject to other restrictions and limitations depending on the type of Video Content or the device you use to access Video Content. Some of these restrictions are described below.
Live Stream Content. Live Stream Content comprises live or near-live transmissions of Live Events or our live broadcast signal and may be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves, and may also be available for an extended period past the occurrence of the applicable Live Event. When you access Live Stream Content, you may not be able to view any part of the Live Stream Content that occurred prior to the start of your viewing. We have no control over the start and finish time of a Live Event; the duration of a Live Event; the content of a Live Event (including the availability, quality or suitability of the content or that it complies with applicable law); or that the Live Stream Content be delivered uninterrupted, error-free and without fault or delay.
Ad Supported Content. Ad Supported Content is Video Content that contains or is displayed with advertising, marketing or other promotional materials (together, the ”Promotional Materials”). Promotional Materials may be displayed in or around Ad Supported Content by any means selected by us or our Ad Supported Content Partners (defined below). By accessing, you acknowledge that Ad Supported Content may include, comprise or be displayed with Promotional Materials that may delay or interrupt its playback. We may prevent you from skipping or manipulating the display of Promotional Materials, and, if so, you may not to attempt to access Ad Supported Content in any manner not prescribed by us. We do not endorse any third party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner and give no warranty or other assurance in relation to any products or services featured in these advertisements and promotional materials. Certain Ad Supported Content may be hosted or delivered to you by or through third party licensors, providers or partners (”Ad Supported Content Partners”). We have no control over the content hosted or delivered by the Ad Supported Content Partners (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials). We cannot guarantee that their content will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
9. Maintenance and Upgrades
From time to time, it may become necessary to provide certain content to you to ensure that the Services and content offered through the Services or your devices are functioning properly. Some content may be provided automatically without notice when you sign in. This content may include automatic updates or upgrades that may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. You authorize us to provide this content, updates and upgrades, and you acknowledge that we are not liable for any damages, loss of data or loss of functionalities arising from our delivery of these content, updates, upgrades and maintenance services.
10. Termination / Suspension
We reserve the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the Video Content, hours of availability, specifications, prices, and equipment needed for access or use of the Services, without notice to you. We reserve the right to terminate your Account for failure to complete transaction payments (if applicable). For any Service that uses online servers, we make no commitment to continue to make those servers available. In addition, we reserve the right to delete your Account data that we determine to have been dormant. If we determine that you have violated any of these Terms or any other terms connected with the Services or have injured or damaged the Services community, we may take actions to protect our interests, including termination or suspension of your Account, automatic removal or blockage of LiveFREE-TV Property, implementation of upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive the Services or reliance on any other remedial efforts as necessary to remedy the violation. If the violation is in connection with LiveFREE-TV Property that was accessed, use of that content must immediately cease. You agree that LiveFREE-TV will have no liability to you if the Services are changed or discontinued or your ability to access the Services is terminated. After your Account is terminated, you may not be able to access the Services.
Copyright LiveFREE-TV All rights reserved.
All copyrightable text, audio, video, recordings, graphics, charts, photographs, icons, and the design, selection, and arrangement of content on the Services are the proprietary materials of LiveFREE-TV or its third-party licensors or suppliers, unless otherwise noted. The distinctive and original layout and presentation of the Services constitute protectable trade dress under applicable federal law.
12. Content Submitted or Posted
You will not email, post, upload, input, provide, send or submit any communications or content of any type protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission. LiveFREE-TV may limit, remove or delete any content or other information stored, submitted or used in connection with the Services that LiveFREE-TV in its sole discretion deems to be in violation of these Terms or any applicable federal, state or local law, regulation or ordinance. Subject to LiveFREE-TV’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted by you (“Submissions”) will be treated as non-confidential and non-proprietary. If you provide any Submissions to us, we will be entitled to use the Submissions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Submissions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Submissions.
Through the Services, you may be able to access links to other websites that are not controlled by us. These links are provided solely as a convenience to you and not as an endorsement by LiveFREE-TV of the contents on such third party websites. If you decide to access linked third party websites, you do so at your own risk. LiveFREE-TV is not responsible for the content on those other websites.
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.
15. Disclaimers; NO WARRANTY
You expressly acknowledge and agree that:
15.1. YOUR USE AND INSTALLATION OF THE SERVICES IS AT YOUR OWN RISK, AND THE SERVICES ARE PROVIDED TO YOU ON AN ”AS IS” AND ”AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LiveFREE-TV AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICES. Because the Services are provided to you ”AS IS,” you agree that LiveFREE-TV shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using the Services. Because the Services are provided to you ”AS AVAILABLE,” you agree that LiveFREE-TV shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or of your ability to access them. THE COVERED PARTIES ALSO DISCLAIM ANY WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES’ OPERATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (III) ANY INFORMATION OR COMMUNICATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE (AND THE COVERED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM YOUR RELIANCE ON ANY SUCH INFORMATION OR COMMUNICATION). Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
15.2. YOU ASSUME THE FULL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER CONSEQUENCES THAT RESULT FROM YOUR DOWNLOADING ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS THROUGH THE SERVICES. THE COVERED PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, INCLUDING LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOADING ANY SUCH MATERIALS.
15.3. THE SERVICES ARE NOT INTENDED FOR ANY USE IN WHICH THE FAILURE THEREOF COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT TO LiveFREE-TV THAT USE OF THE SERVICES SHALL NOT RESULT IN THE SERVICES BECOMING SUBJECT TO THE TERMS OF AN OPEN SOURCE LICENSE UNDER WHICH DOWNSTREAM RECIPIENTS OR OTHER THIRD PARTIES MAY CLAIM THE RIGHT TO (I) COPY, CREATE DERIVATIVE WORKS OF, OR REDISTRIBUTE THE SERVICES, OR (II) RECEIVE SOURCE CODE TO THE SERVICES.
15.4. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF LiveFREE-TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL OR BODILY INJURY, ARISING OUT OF (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MATTER; (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THE SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT LiveFREE-TV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL LiveFREE-TV’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LiveFREE-TV FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
You agree to defend, indemnify and hold harmless LiveFREE-TV and its, third party information providers, suppliers, service providers, licensors, contractors, and others involved in the Services or the delivery of services or information over the Services, and their respective directors, officers, agents, contractors, partners and employees, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to, or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of these Terms. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.
15.6. Third Party Content.
The Services are owned and operated by LiveFREE-TV, but may include elements licensed from or provided by third parties. LiveFREE-TV is not a publisher of content supplied by third parties and users of the Services. Accordingly, LiveFREE-TV has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of LiveFREE-TV. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. LiveFREE-TV neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized LiveFREE-TV employee spokespersons while acting in their official capacities.
LiveFREE-TV also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
15.8. Export Control.
SOFTWARE AND OTHER MATERIALS FROM THE SERVICES MAY ALSO BE SUBJECT TO UNITED STATES EXPORT CONTROL. THE UNITED STATES EXPORT CONTROL LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS PROHIBIT THE EXPORT OF CERTAIN TECHNICAL DATA AND SOFTWARE TO CERTAIN TERRITORIES. NO SOFTWARE OR TECHNICAL DATA FROM THE SERVICES MAY BE DOWNLOADED OR EXPORTED (1) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, NORTH KOREA, IRAN, SYRIA, SUDAN OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS; OR (2) ANYONE ON THE UNITED STATES TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENY ORDERS. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL SUCH LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS.
15.9. Business Associates.
The business associates of LiveFREE-TV identified on the Services are independent contractors of LiveFREE-TV. The business associates are not joint venturers or partners of LiveFREE-TV. No employee or representative of the business associates is under the control of LiveFREE-TV.
16. Copyright Claims and Copyright Agent
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide LiveFREE-TV’s Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (”DMCA”):
16.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
16.2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
16.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
16.4. Information reasonably sufficient to permit us to contact you;
16.5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
16.6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
124 7th Ave. W #1
Alexandria, MN 56308
LiveFREE-TV has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders.
You agree that these Terms describe the entire agreement between us with respect to its subject matter and supersede all previous written or oral agreements between the parties with respect to such subject matter. The Services were created and are operated under the laws of the State of Minnesota. LiveFREE-TV makes no representation that materials on the Services are appropriate or available for use in other locations. If you access the Services from other locations, you are responsible for complying with local laws. If any provision of these Terms is found to be invalid or unenforceable, we both agree that the other provisions of these Terms will remain in full force and effect. These Terms shall be governed by the internal substantive laws of the state of Minnesota, without respect to its conflict of laws principles. The parties agree to the exclusive personal jurisdiction of the State courts located in Douglas County, Minnesota and Federal courts located in Ottertail County, Minnesota for the purposes of resolving all disputes arising in connection with these Terms and each party hereby waives all objections to venue in those courts. YOU AGREE THAT REGARDLESS OF ANY APPLICABLE LAW TO THE CONTRARY, YOU CANNOT FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. LiveFREE-TV’s failure to insist upon or enforce strict performance of any provision of these Terms will not constitute a waiver of that provision. The section headings used herein are for convenience only and shall not be given any legal import. These Terms inure to the benefit of the parties, including any of our successors in interest. We have the right to assign or transfer our rights and obligations under these Terms, and you have no right to assign or transfer your rights or obligations under these Terms. Contact information:
124 7th Ave. W #1
Alexandria MN 56308