LIVECAST.PRO Seller Addendum
Effective Date: Jun 1, 2023
Welcome to Livecast Seller Addendum, an integral part
of our Terms of Service. This document outlines the terms and conditions
governing your use of our cutting-edge "livecast.pro" platform for
content sales, the powerful "Livecast" platform for video hosting,
and the opportunity to accept donations via our livecast
platform.
1. Eligibility:
Ready to Engage! To embrace the exciting world of Livecast.pro For Livecast,
equip yourself with a Livecast account. To accept heartfelt donations, it's
essential to have the appropriate plan that allows this feature.
2. Flexibility
in Selling Options Discover the freedom of choice when it comes to selling
content on Livecast. With title-by-title sales, you can select the purchase
options, pricing, rental period (for rentals), and the distribution territory.
For subscription sales encompassing a collection of titles, you have the power
to decide on the subscription period, price per subscription period, free-trial
period (up to one month), and the distribution territory. Furthermore, when you
add a new video to a subscription series, it instantly becomes accessible to
subscribers.
3. Embracing
Generosity: Donations Through our Livecast platform, you have the heartwarming
opportunity to accept donations from users, made possible via a third-party
payment solution. Remember to adhere to our payment vendor's terms of service
for smooth transactions. Please note that Livecast assumes no responsibility
for payments facilitated through this solution.
4. Responsible
User Content If you allow end users to engage in comments on your Livecast site
or apps, or any moderated online forum, ensure that you diligently moderate the
content, consistent with our Acceptable Use Policy.
5. Empowering
Licenses 5.1 Your Boundless Grant: By joining Livecast, you grant us the right
and license to distribute, reproduce, transmit, publicly perform, and exhibit
your uploaded videos and related content (including posters and video
descriptions) according to your preferences. Moreover, you empower Livecast
with the right (though not the obligation) to use your name, likeness,
biographical material, or voice, contained in the uploaded content, for
promotional purposes.
5.2 License Duration: These licenses remain in effect
as long as you offer content for sale. However, if you remove content, Livecast
reserves the right to stop offering it to new viewers while potentially
providing access to those who previously purchased the content or issuing full
or partial refunds to such individuals.
6. Economics:
Profiting Together 6.1 Your Creator Revenue: Livecast collects revenue from
consumers for the sales of your videos and remits the Creator Revenue to you
after deducting taxes, chargebacks, related fees, and refunds.
6.2 Livecast.pro Fee: For each sale on Livecast.pro,
you agree to a service fee of 10% of the transaction amount, plus Transaction
Costs (e.g., payment processing, foreign exchange, and platform fees).
6.3 Livecast Fees: For Livecast usage, you will pay
the following fees:
6.3.1 TVOD \96 transactional video on demand: For
title-by-title sales, Livecast charges a service fee of 10% of the transaction
amount, and an additional transaction fee of $0.30 per transaction.
6.3.2 SVOD \96 subscription video on demand: For initial
and renewal subscription sales, Livecast charges a service fee of $0.30 per
subscriber per month, and if Livecast processes the payment, a transaction fee
of 2% of the transaction amount plus $0.20 per transaction.
6.3.3 FVOD and API Fulfillments: For free and API
fulfillments, Livecast charges a service fee of $0.50 per transaction for
title-by-title delivery and $0.50 per subscriber per month for SVOD delivery.
6.3.4 Hosting and Transcoding Fees: Hosting and
transcoding fees are based on video length and must be prepaid in blocks of video
upload hours. Unused blocks are non-refundable.
6.3.5 Third-Party Processing: Livecast does not
provide the ability to use other payment systems other than those used by the
platform
6.4 Enterprise Agreements: In the case of negotiated
agreements with Livecast offering different fee structures, those terms will
govern.
6.5 Third-Party Platform Fees: Remember that you are
solely responsible for any fees charged by third-party app platforms, such as
developer account fees and in-app purchase fees.
6.6 Sharing with Promotional Codes: Livecast may
provide promotional codes for you to distribute your content to backers,
reviewers, and loved ones. Promotional codes are not for sale, and Livecast
reserves the right to impose restrictions on their use.
6.7 Payment Terms: Creator Revenue will be paid to you
within thirty (30) days of the end of each month. For Livecast.pro Creator
Revenue, payments will be made to your PayPal account or other supported
payment methods.
Creator Revenue, payments will be made to your bank account via Stripe.
6.8 Payment Vendors:
all payments are facilitated through Livecast payment vendors, you must comply
with their terms of service and provide accurate information.
6.9 Consumer Refunds and
Chargebacks: Livecast may provide refunds to consumers under specific
circumstances, which may reduce the revenue payable to you but not the fees
owed to Livecast.
6.10 Reservation of Rights: Livecast
retains the right to withhold amounts or make adjustments to Creator Revenue
for various reasons, including amounts owed by you, reserves for potential
refunds or chargebacks, or pending investigations.
6.11 Currency: Payments will be made
in U.S. dollars, but you may request payment in another currency, subject to a
foreign exchange fee.
7. Taxes:
Your Responsibility and Compliance It is your sole responsibility to understand
and meet your tax obligations. Livecast does not provide legal, tax, or
accounting advice, so consult your tax advisors for guidance.
7.1 Income Taxes: You are responsible
for income taxes. Livecast may withhold amounts as required by tax law and may
file income reports with relevant taxing authorities.
7.2 Sales Taxes: Livecast
may collect taxes (e.g., sales tax or VAT) as needed. If VAT is collected, it
will be on a "VAT-inclusive" basis, with VAT deducted from amounts
received.
8. Compliant
Conduct: Upholding Integrity Adherence to Livecast Terms of Service is crucial.
Violations may result in the suspension, limitation, or disabling of your
Livecast.pro participation.
9. Thriving
with Livecast The following terms specifically relate to Livecast usage:
9.1 Compliant with Privacy Laws:
Comply with applicable privacy laws, such as GDPR, CCPA, COPPA, CAN-SPAM Act of
2003, and the Video Privacy Protection Act.
9.2 Privacy Policy: Create, publish,
and maintain a privacy policy for your Livecast site and apps, ensuring
compliance with all relevant laws and accurately describing your use of
consumer personal data.
9.3 Children's Privacy: If your
content targets children under 13, indicate that the site/app is "Made For Kids"
9.4 Data Processing Commitment:
Upholding Data Protection Livecast is dedicated to safeguarding personal data,
and our collection and use of such information are governed by our robust Data
Processing Agreement.
9.5 Embracing Consumer Terms of
Service 9.5.1 Open Lines of Communication: As part of your Livecast site and/or
apps, you must publish your contact information, ensuring accessibility for
disputes and legal service of process.
9.5.2 Embracing Electronic Notices:
To enhance user experience, we are required to mandate consumers to provide a
valid email address and give their consent to receive electronic notices.
We encourage you to embrace
these terms wholeheartedly to foster a dynamic and secure environment for both
content creators and consumers. Together, we can revolutionize the world of
online streaming and enrich lives with captivating content. Thank you for being
part of the Livecast family!
© 2023 PROFIGROUP LLC
UBI Number: 605 297 917