The Publisher will gain access to LiveArena® Broadcast, when an account in the Service ("Account") has been created for the Publisher. As an Account holder, the Publisher is responsible for ensuring information provided upon registration or otherwise in the Publishers communication with LiveArena® is true and accurate. It is Your responsibility to protect and ascertain if anyone who is unauthorized has gained access to the Publishers login details or Account. You are aware that a breach of this provision is considered a material breach, which in accordance with Section 5 gives LiveArena® the right to terminate the Publishers subscription. The Publisher is responsible for all activities that occur under the Publishers account, regardless of whether the activities are undertaken by the Publisher, the Publishers employees or a third party (including the Publishers contractors or agents) and, except to the extent caused by our breach of this Agreement, LiveArena® is not responsible for unauthorized access to the Publishers account.
PRICES AND PAYMENT
Prices and payment methods for the LiveArena® Broadcast Services are available on LiveArena® website, www.livearena.com.
TERM AND TERMINATION
As a Publisher you have the right to cancel the subscription to the LiveArena® Broadcast Service at any time. To cancel the subscription follow the instruction for deletion of an add-on in the Microsoft Azure administration portal. Upon cancelation, the Publisher will be billed for the remainder of the active monthly billing period at the Publishers current plan rate. If the Publisher terminates the subscription during a period for which the Publisher has already paid, LiveArena® does not credit any fees for the remaining period.
INTELLECTUAL PROPERTY RIGHTS
RESTRICTIONS OF USE
The Publisher may not rent, lease, lend, resell, transfer, or host the Service, or any portion thereof, to or for third parties. An entity, whether incorporated or not, that is controlled by, controls, or is under common control with the Publisher ("Affiliate") shall not be considered a third party under this section. "Control" means the ability, whether directly or indirectly, to direct the affairs of another by means of ownership, contract or otherwise. The Publisher is responsible for all Affiliate's activities that occur under the Publishers account.
In cases where the use of the Service entails harm or risk of harm to LiveArena® or the Service, LiveArena® is entitled to temporarily cut off or limit access to the Service. LiveArena® may not, in so doing, take any other action than is justifiable in the circumstances. Publisher shall be notified about the limitation of access to the Service as soon as circumstances allow and Publisher will work with LiveArena® to resolve the issue as expeditiously as possible. LiveArena® agrees to promptly restore access to the Service as soon as the underlying issue has been resolved and there is no longer a reasonable risk of harm to LiveArena® s network and the Service.
In case of defects, damages or delays for which LiveArena® is liable, the Publisher must notify LiveArena® of the complaint. In order for us to handle the Publishers complaint in a satisfactory manner, the Publisher should submit a written complaint with full information about the complaint, such as a detailed specification of the defect, damage or delay, date and time of its occurrence, duration, which internet service provider used, and the Publishers contact details. If a defect, damage or delay for which LiveArena® is liable, has caused interruptions in the Service during a period for which the Publisher has already paid, LiveArena® will compensate the Publisher by crediting an amount corresponding to the fees for the period that the Service was unavailable. Such compensation is limited to direct damage, excluding all indirect damage, including but not limited to the loss of data or content. The total damages payable shall never exceed the amount paid by the Publisher for the Service.
DISCLAIMER OF WARRANTIES
LIVEARENA® MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICE AND THE LIVEARENA® CONTENT WILL BE FREE OF ERRORS. LIVEARENA® DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SERVICE WILL MEET PUBLISHERS REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; OR (D) ERRORS OR DEFECTS WILL BE CORRECTED. THE SERVICE AND ALL CONTENT IS PROVIDED TO PUBLISHER STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LIVEARENA®.
The Publisher may not assign the Account or any of the Publishers rights and obligations in accordance with these Term and Conditions to a third party, without the prior written consent of LiveArena®. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. LiveArena®s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LiveArena® in writing.
GOVERNING LAW AND DISPUTE RESOLUTION