TERMS & CONDITIONS

Last Revised: July 21, 2021

 

1. ACCEPTANCE OF TERMS

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A BINDING AGREEMENT. These Terms & Conditions (“Terms” or “Agreement”) apply to your access and/or use of our website www.seemelive.tv (the “Website”) on your computer. mobile device, any other device or platform. This Website is operated by Global 5 Media Inc. (“SML”, “our”, “us” or “we”). These Terms include our policy for acceptable use of the Service and govern your rights, obligations and restrictions regarding your use of the Service. You are only authorized to use the Service if you agree to abide by all applicable laws and this Agreement. By using the Service, you agree to be bound by this Agreement.

 

We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Website. You will be deemed to have agreed to any such modifications by your further use of the Service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Service immediately.

 

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy which explains how we collect and use your content and information. Please read the Privacy Policy.

 

2. OUR SERVICE

 

SML, through its website, allows content creator, broadcaster and any person from around the globe (“broadcaster”), subject to the terms, to broadcast and share their original video content either live or otherwise under a particular subject matter. Such video can be viewed and accessed by any person (“Audience”) around the globe interested in that particular subject matter. Such Audience shall have the ability to share and vote on the video of their favorite Broadcaster (collectively the “Users”). (the “Service”)

 

3. USE OF SERVICE BY MINORS AND BLOCKED PERSONS

 

Our Service is not available to people under the age of 13 if residing in the United States of America or people under the age of 16 if residing in European Union or any other age as per the applicable law of your jurisdiction of residence (“Age of Digital Consent”). If you are between the Age of Digital Consent and the age of legal majority in your jurisdiction of residence, you may only use our Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

 

BY ACCESSING OR OTHERWISE USING OUR SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE OR SUCH OTHER AGE OF DIGITAL CONSENT AS MAY BE APPLICABLE ON YOU, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN THE AGE OF DIGITAL CONSENT AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING OUR SERVICE

 

4. LICENSE

 

You agree that all information, data, text, software, music, sound, photographs, graphics, video, or other materials, including Virtual tokens and Intellectual Property as defined below (excluding User Content as set out in Section 6 below), contained in the Service belong to us or our licensors and service providers. Subject to Your compliance with these Terms, we grant You:

1. a non-exclusive right to access and use the Service solely for Your personal entertainment purposes;
2. subject to the restrictions under this Terms, the limited right to post about our Service and share it on YouTube and blogs for the purpose of showcasing our Service to the public and for providing genuine, fair reviews; and

 

You represent and warrant, that Your use of the Service will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. If You violate any of these Terms, we reserve the right to terminate Your license without notice.

 

5. YOUR ACCOUNT

 

When you access our Service for the first time, you may be required to register by opening an account ("Account") or by signing in via a third-party tool (such as Google) ("Third Party Tool").  Note that some of our Service may not work without opening an Account.

 

If you open an Account, you may be required to provide us your personal information which may include but are not limited to your name, username, photo, e-mail address, and, in some cases, payment information. and will be required to register a password or to otherwise allow us to access your account and personal information through a Third-Party Tool ("Login Information"). Note that should you choose to create your Account using any Third-Party Tool, certain User data that you either provide us or that is accessed through such Third-Party Tool (subject to the terms and conditions applicable to such third party), including your username and photo, may be published on your Users profile and may be made available to other Users. This information will be held and used in accordance with our Privacy Policy.

 

You agree not to share your Account’s details with anyone or to use another’s Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

 

You agree that you shall be responsible for maintaining the confidentiality of Your account information (including usernames, screen names, and passwords). You will be liable for all uses of your Login Information, including purchases, whether or not authorized by you. You are responsible for the activities occurring under Your account and You will be liable for any losses or damages incurred by us or any third party due to someone else using Your account. 

 

In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information. 

 

You must provide accurate and complete information when creating an Account. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.

 

If you wish to terminate or close your Account, please contact us at support@seemelive.tv and your Account will be terminated and removed within a reasonable timeframe following our receipt of your request, and from the date of termination you will no longer be able to access your Account, including any Virtual Tokens (as defined below) associated therewith.

 

6. USER CONTENT

 

We allow you to distribute streaming live and pre-recorded audio-visual works; to use Service, and to participate in other activities in which you may create, post, transmit, perform, or store content, sound, images, applications, code, or other data or materials on our Service (“User Content”).

 

6.1. License to SML

 

6.1.1. Unless otherwise notified by you in a written communication to SML, if you submit, transmit, display, perform, post, or store User Content using the our Service, you grant SML and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of our Service (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that SML and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.

 

6.1.2. With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from our Service, or generally by closing your account, except:(a) to the extent you shared it with others as part of our Service and others copied or stored portions of the User Content; (b) SML used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.

 

6.2. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. SML reserves all rights and remedies against any users who breach these representations and warranties.

 

6.3. Content is Uploaded at Your Own Risk

SML uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, SML does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that SML shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against SML for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY SML HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

6.4. Endorsements/Testimonials

You agree that your User Content will comply with the USA FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the USA FTC’s Disclosures Guide, the USA FTC’s Native Advertising Guidelines, and any other guidelines issued by the USA FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through our Service, or if you are an employee of a company and you decide to discuss or promote that company’s products or Service through our Service, you agree to comply with the USA FTC Guidelines’ requirements for disclosing such relationships. You, and not SML, are solely responsible for any endorsements or testimonials you make regarding any product or service through our Service.

 

7. VIRTUAL TOKENS

 

Our Service may allow you to “earn” Virtual Tokens. Virtual Tokens can only be redeemed at our Website in exchange for either promotional prizes or for entries into prize drawings (as provided below). Virtual tokens are earned by registering for an account and subscribing to SML subject hash tags, as well as for referring new Users to the Service who register for an account and subscribe to SML hash tags.  Virtual Tokens have no real or monetary value and can never be exchanged for real money, from us or anyone else including in the event that you have unused Virtual Tokens remaining in your account at the time your account is closed, whether such closure was voluntary or not.

 

Virtual Tokens may be forfeited at any time with cause, at our discretion. SML will inform you via your registered email address in the event that occurs.

 

Virtual Tokens obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-licensable right to use within the Service. Virtual Tokens may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Redeemed prizes may be subject to a separate third-party license or agreement. You have no property interest, right or title in or to any such Virtual Tokens. Any virtual tokens balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. We may at any time expire free or promotional virtual tokens given to you. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your virtual tokens regardless of the circumstances. You absolve us of any responsibility to maintain or update your virtual tokens account. However, if there is a loss of Virtual Tokens in your account due to technical or operational problems with the Service, we will refund the lost virtual tokens once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the virtual tokens lost.

 

We will, in our sole discretion, determine and communicate the availability and exchange rate for any Virtual Tokens and redeemed prizes, which may be modified at any time. We reserve the right to cancel, restrict or terminate virtual tokens and/or redeemed prizes at any time for any reason. All redeemed prizes are subject to availability. In the event that the featured prize is unavailable, we have the right to substitute it at our own discretion including for cash based on what the prize would have cost us. Your acquisitions of Virtual Tokens and redemptions for redeemed prizes are final. Once Virtual Tokens have been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No Virtual Tokens will be re-credited to your account in the event of a return or exchange of a redeemed prize, or any problem with any redeemed prize unless we decide it is warranted, at our sole discretion.

 

8. SPECIFIC TERMS FOR SWEEPTAKES

 

During certain period of time as may be decided by us, SML may launch Sweepstakes which shall consists of (1) a series of promotional giveaways, overlapping with (2) a redemption period. Every prize is subject to these Terms, except as expressly stated otherwise in any Giveaway description. SML shall be the sole and absolute authority to determine the duration of the Sweepstakes period. SML reserves right to close the Sweepstakes period without prior intimation to the Users. SML shall be final and binding for purposes of these Terms.

 

8.1. How to enter Sweepstakes drawings

 

At various points during the Sweepstakes period, SML will administer promotional prize drawings, the winners of which will be randomly selected among the full pool of qualified entries (each, an “Entry”). There are two ways that Users can “earn” an Entry into any given prize drawing: either by (i) redeeming Virtual Tokens as provided on the Site or (ii) mailing to us a3” X 5” index card that contains your name, email address, mailing address, and the drawing you wish to enter. By sending in an index card for drawing entry, you acknowledge that you have read these official Sweepstakes rules and that you agree to these terms. Index cards should be mailed to us at PO Box 1723, Dripping Springs, TX 78620. Users will earn one entry for each index card that you separately mail with the requisite information.

 

8.2. Prizes

 

At various times during the Sweepstakes period, we will hold random drawings for promotional prizes, as described in Section 8.1, above. For each such promotional prize, Users can redeem the number of Virtual Tokens required to acquire the prize directly, or redeem Virtual Tokens in exchange for one or more entries in the random drawing for such prize. The promotional prizes and associated virtual token costs are set forth in the following table. All of the prize drawing entries cost one token per entry.

 

Each promotional prize drawing will be announced at the Website and will convey the date for the drawing and the number of Virtual Tokens User must redeem to acquire the prize. Users may alternatively secure entries to the drawing by mailing index cards (securing multiple Entries requires multiple mailings), as specified in Section 8.2. Each qualified Entry will have an equal chance of winning, irrespective of how the Entry was secured. We will select the winner of each prize giveaway drawing by randomly selecting an Entry from the pool of qualified Entries. Immediately after drawing a winner, we will randomly draw an additional Entry from the remaining pool as the alternate winner, in the event the winner fails to claim the prize.

 

8.3. Claiming a Prize. 

 

If your Entry is selected as the winner of a promotional prize drawing, you will be notified immediately after the drawing concludes. The winner’s notification will be sent to the user’s email address provided either during account registration or, in the case of a3”x5” card Entry secured via mail, the email address as provided on the index card. Winners will have 7 working days following the time the winning notification is emailed to respond to such email in accordance with the instructions provided therein. If a winner fails to respond within the allotted time period, we will contact the alternate winner via email and they too will have 7 working days to claim the prize. If neither the winner nor the alternate claims the prize within the specified time window, we will repeat the process of randomly drawing alternate winners until an alternate successfully claims the prize. All personally identifiable information submitted by any winner to claim a prize is subject to our Privacy Policy. Winners may be required to show verifiable proof of entitlement to win and to sign an affidavit of eligibility and publicity release in order to claim their prize. Prizes should be delivered to winners no later than six weeks following the date the claim is made.

 

8.4. Publicity

 

By participating in the Sweepstakes, you consent to the use of your name, likeness, and address (City, State) for promotional purposes in any media, worldwide, and without further payment or consideration.

 

9. PROMOTERS

 

The Sweepstakes is sponsored by SML. SML may contract with others (each, a “Promoter”) to promote the Sweepstakes through various third-party channels (each, a “Promoter Channel”). All limitations apply and Participants have the same chance to win regardless of the Promoter Channel through which they enter. SML and some Promoters may offer additional benefits or features to participants, but such benefits or features are independent of the Sweepstakes and do not affect the odds of winning a prize.

 

10. MISCELLANEOUS PROVISION FOR SWEEPSTAKES

 

Any prize drawing may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond its control may impair the integrity or proper functioning of the Sweepstakes or Promotion, or for any reason we deem to be justified. Neither we nor any Promoter is responsible for malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in electronic communications or internet service.

 

Winner is responsible for all taxes and costs or fees associated with the receipt and/or use of any prize, including shipping. We reserve the right, in the case where all prizes have been awarded prior to the scheduled end of the prelaunch period, either to end the giveaway or to replace some or all of such prizes and continue.

 

We make no claims and take no responsibility as to any tax liability you may incur as a result of using the Site or winning any prizes.

 

You may not enter with multiple identities or use any automated system or other device or artifice to enter or obtain qualified Entries. You and your entries may be disqualified if you attempt to circumvent these Terms, at which time you will forfeit all Virtual Tokens, drawings and prizes that have not been already shipped or delivered, either physically or virtually. We reserve the right to disqualify you at our sole discretion. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE OR THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

11. USER CONDUCT

 

You agree that all the information you provide to us on accessing and/or using our Service is and shall remain true, accurate and complete at all times. You agree that you will comply with these Terms and will not to upload, communicate, transmit, distribute or otherwise make available any Content or otherwise use the Service in any way:

• that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene, sexually explicit or otherwise objectionable;
• that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
• that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
• which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
• which infringes any intellectual property right or other proprietary right of others;
• which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
• which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that is, likely to defame, harass, abuse, threaten, or defraud Users of our Service, or collect or attempt to collect, personal information about Users or third parties without their consent.

 

You agree that you will not:

• create more than one account per platform to access our Service;
• use another person or entity’s email address in order to sign up to use our Service;
• use our Service for fraudulent or abusive purposes (including, without limitation, by using our Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Service);
• disguise, anonymize or hide your IP address or the source of any content that you may upload;
• remove or amend any proprietary notices or other ownership information from any other part of our Service;
• interfere with or disrupt our Service or servers or networks that provide our Service;
• attempt to decompile, reverse engineer, disassemble or hack any of our Service, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
• 'harvest', 'scrape' or collect any information about or regarding other people that use our Service, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
• sell, transfer or try to sell or transfer an account with us or any part of an account;
• disrupt the normal flow of the Service or otherwise act in a manner that is likely to negatively affect other User’s ability to access or use our Service;
• disobey any requirements or regulations of any network connected to our Service;
• use our Service in violation of any applicable law or regulation;
• use our Service to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Service; or
• use our Service in any other way not permitted by these terms.
• violate any applicable local, state, national or international law or regulation. 

 

If you are concerned that someone else is not complying with any part of these terms, please contact us at support@seemelive.tv.

To the extent permitted by applicable law, SML takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is SML liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using our Service. Your use of our Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our Service will not contain any content that is prohibited by such rules.

 

SML is not liable for any statements or representations included in User Content. SML does not endorse any User Content, opinion, recommendation, or advice expressed therein, and SML expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, SML reserves the right to remove, screen, or edit any User Content posted or stored on the SML Service at any time and without notice, including where such User Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Service at your sole cost and expense. Any use of our Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use our Service.

 

12. INTELLECTUAL PROPERTY

 

The Service, Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Website) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Service are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

 

13. RESPECTING COPYRIGHT

 

SML respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the SML Service infringes upon your copyright, please submit a notice by contacting us at support@seemelive.tv.

 

14. INDEMNITY

 

You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Content; (ii) your violation of the Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service; and (v) your User Generated Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

 

15. NO LIABILITY FOR LOST DATA

 

You hereby undertake to not held us liable for any loss, deletion, removal, or failure of delivery (“Losses”) of any of your content stored with us, whether caused by virus, unauthorised access, malicious attack or otherwise unless such Losses are solely attributable to us.

 

16. THIRD-PARTY LINKS

 

Our Service may contain links to third party websites, including advertisement that are not owned or controlled by us. Therefore, we assume no responsibility of any third-party website, in reference to their content, privacy policy, or practices.

 

17. LIMITATION OF LIABILITY

 

NEITHER WE NOR ANY OTHER RELEASED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OR PARTICIPATION IN, OR YOUR INABILITY TO ACCESS, USE, OR PARTICIPATE IN, THE SERVICE, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, OR THE SWEEPSTAKES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION IN THIS SECTION 18 MAY NOT APPLY TO YOU.

 

THE MAXIMUM TOTAL LIABILITY OF SML OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS AND ALL OTHER RELEASED PARTIES TO YOU FOR ALL CLAIMS UNDER THESE TERMS AND OFFICIAL RULES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF US $50 OR THE VALUE OF THE APPLICABLE PRIZE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND OFFICIAL RULES. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

18. DISCLAIMERS AND RELEASE

 

YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR PARTICIPATION IN THE SWEEPSTAKES AND PROMOTION, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SML MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ANY PRIZE, OR YOUR PARTICIPATION IN THE SWEEPSTAKES AND PRMOTION, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SML DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT OR TO THE SWEEPSTAKES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE SERVICE, THE SWEEPSTAKES, OR PROMOTION THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND OFFICIAL RULES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

BY USING THE SERVICE, PARTICIPATING IN THE SWEEPSTAKES OR PROMOTION, OR RECEIVING ANY PRIZE, YOU AGREE TO AND HEREBY RELEASE AND HOLD HARMLESS SML, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF USE OF THE SERVICE, PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (A) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; (B) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (C) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; OR THE PRMOTION (D) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (E) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR USE OF THE SERVICE, PARTICIPATION IN THE SWEEPSTAKES OR THE PROMOTION, OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.

 

If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes and Promotion, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes and Promotion, or any part of it, for any reason, SML, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Terms and Official Rules to be available and/or claimed, SML reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

 

19. CANCELLATION AND TERMINATION

 

IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN, SERVICE, SERVICE CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY CONTENT, INCLUDING ANY VIRTUAL TOKENS AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION.

 

We further reserve the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.

 

In the event that we terminate your Account, you may not use or access the Service again without our express permission. We reserve the right to refuse Accounts for, and to provide access to the Service or other Service to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: support@seemelive.tv.

 

20. PRIVACY

 

Our Privacy Policy, which is incorporated by reference into these Terms, sets out how we use, protect and disclose your personal information.

 

21. GOVERNING LAW AND CLAIMS

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA.

 

We make no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

Any claims shall be exclusively decided by courts of competent jurisdiction in County of Travis, Texas, USA.

 

If you ever wish to seek any relief from us, you agree to waive the ability to any action.

 

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service provided by this Agreement, then you and us agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

 

The remedy for any claim shall be limited to actual damages, not to exceed the value of the prize, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this Agreement or seek injunctive or any other equitable relief.

 

22. CONSENT TO ELECTRONIC COMMUNICATIONS

 

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

23. DISCLOSURES

 

The Service provided under these Terms and the Sweepstakes are offered by Global 5 Media, Inc., located at PO Box 1723, Dripping Springs, TX 78620. You may contact us by sending correspondence to the foregoing address or by emailing us at support@seemelive.tv. If you are a California resident, you may have these Terms, Sweepstakes Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms, Sweepstakes Terms.

 

24. GENERAL

 

(a) Force Majeure

 

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

(b) Assignment of Rights

 

You may not assign your rights and/or obligations under this Terms to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms to any other party at our discretion.

 

(c) Changes

 

We may change these Terms from time to time and at our sole discretion. Changes to this Terms are effective when they are posted on this page. We encourage you to frequently check and review our Terms to stay informed. Your continued use of this site after any change in this Terms will constitute your acceptance of such change. If you disagree with any changes to this this Terms, you will need to stop using our service and deactivate your account.

 

(d) Waiver

 

Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

 

(e) Final Provision

 

Any provision of these Terms declared invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability, without causing invalidity or unenforceability of the remaining terms or provisions of these Terms.