These terms of use are entered into by and between You and Zeacon PBC (“Zeacon,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.live.zeacon.com, including any content, functionality and services offered on or through www.live.zeacon.com or any other products or services offered by Zeacon (including “Zeacon Live”).
Please read the Terms of Use carefully before you start to use Zeacon Live. By using Zeacon Live, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Zeacon Live.
Zeacon Live is offered and available to users who are 13 years of age or older. By using Zeacon Live, you represent and warrant that you are of legal age to form a binding contract with Zeacon and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Zeacon Live.
If you are under 13, you represent that you have your parent or legal guardian’s permission to use Zeacon Live. Please read this agreement with your parent or legal guardian.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use Zeacon Live, you are subject to these Terms of Use and the Content Standards included below, and responsible for your child’s activity on Zeacon Live.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Zeacon Live thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within Zeacon Live.
Your continued use of Zeacon Live following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend Zeacon Live, and any service or material we provide via Zeacon Live, in our sole discretion without notice. We will not be liable if for any reason all or any part of Zeacon Live are unavailable at any time or for any period. From time to time, we may restrict access to some parts of Zeacon Live, or all Zeacon Live, to users, including registered users.
You are responsible for both:
To access Zeacon Live or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Zeacon Live that all the information you provide on Zeacon Live are correct, current and complete. You agree that all information you provide to register with this Zeacon Live or otherwise, including, but not limited to, through the use of any interactive features on Zeacon Live, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Zeacon Live or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Zeacon may permit you to register for and log on to Zeacon Live via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Zeacon collects, uses, and discloses your personal information when you link your Zeacon account with your account on any third-party service can be found in our Privacy Notice.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
We do not claim any ownership rights in the text, files, images, photos, video sounds, musical works, works of authorship, applications or any materials (collectively “Content”) that you share while using Zeacon Live or any of our services in relation to Zeacon Live.
Zeacon Live contains content owned by Zeacon (“Zeacon Content”). Zeacon Content is protected by copyright, trademark, patent, trade secret and other laws, and Zeacon owns and retains all rights on Zeacon Content. Zeacon hereby grants you a limited, revocable, nonsublicensable license to reproduce and display Zeacon Content (excluding any software code). You may use this limited licensed solely for your personal use in connection with viewing and utilizing Zeacon Live.
These Terms of Use also grant you a limited, non-sublicensable license to access and use Zeacon Live for your personal, non-commercial use. Additional licenses, including for commercial or fundraising purposes, may be available via separate agreements with Zeacon or Zeacon Live users. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Zeacon Live, except as follows:
You must not:
You must not access or use for any commercial purposes any part of Zeacon Live or any services or materials available through Zeacon Live unless you have entered into a separate, written agreement with Zeacon granting such rights.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Zeacon Live in breach of the Terms of Use, your right to use Zeacon Live will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Zeacon Live or any content on Zeacon Live are transferred to you, and all rights not expressly granted are reserved by the Zeacon. Any use of Zeacon Live not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
You retain ownership rights in content created using Zeacon Live (“Content”). However, we require you to grant Zeacon certain rights in your Content.
By creating Content, you hereby grant to Zeacon Live a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate any Content you share on Zeacon Live. Such license may be used by us without limitation on how we may distribute any part or all of it across any media channels, except Content you do not specifically share publicly via an open link.
You also grant other Zeacon Live users a worldwide, non-exclusive royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of Zeacon Live and our other Services.
The ability to mark your content with a Creative Commons license is available to all Zeacon Live users. The standard license remains the default setting for all Content on Zeacon Live unless you choose to apply a Creative Commons.
Creative Commons can only be used on 100% original content. If your content contains copyrighted content you cannot mark your video with a Creative Commons.
By marking your original content with a Creative Commons license, you grant the entire Zeacon Live community the right to reuse and edit the content you mark with a Creative Commons license. You can find the Creative Commons license at www.creativecommons.org/licenses/by/3.0/legalcode.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from Zeacon Live. You understand and agree, however, that Zeacon may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
You grant to Zeacon the right to monetize your Content on Zeacon Live and its other Services. Such monetization may include displaying ads on or within Content or charging users a fee for access. These Terms of Use do not entitle you to any payments. Any payments received from Zeacon, excluding donations received from your audience, will be treated as royalties. If required by law, Zeacon will withhold taxes from such payments.
You may remove your Content from Zeacon Live at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these Terms of Use.
Zeacon may remove or take down Content in its sole discretion. Zeacon will notify you if your Content has been removed or taken down. You may appeal any removal or Content take down by contacting Zeacon at support@zeacon.com.
The Zeacon name, the terms Zeacon Live, Zeacon Live Studio, ZLS, the Zeacon logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Zeacon or its affiliates or licensors. You must not use such marks without the prior written permission of the Zeacon. All other names, logos, product and service names, designs and slogans on this Zeacon Live are the trademarks of their respective owners.
You may use Zeacon Live only for lawful purposes and in accordance with these Terms of Use. You agree not to use Zeacon Live:
Additionally, you agree not to:
Zeacon Live may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, the ability to livestream video and audio content, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through Zeacon Live.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on Zeacon Live, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Zeacon, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of Zeacon Live. Any or all of the above may be modified by a separate agreement signed by you and an authorized representative of Zeacon.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Zeacon Live. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on Zeacon Live, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Zeacon reserves the right to terminate Zeacon Live, any future services provided in addition or as a replacement to Zeacon Live, and this Agreement, in whole or in part, at its own discretion.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Zeacon to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through Zeacon Live are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Zeacon Live, or by anyone who may be informed of any of its contents.
Zeacon Live includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Zeacon, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Zeacon. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on Zeacon Live from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Zeacon Live may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on Zeacon Live are subject to our Privacy Policy. By using Zeacon Live, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All purchases through our site or other transactions for the sale of services formed through Zeacon Live, or as a result of visits made by you are governed by our Sales Terms of Use, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of Zeacon Live. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
You may link to our homepage or Zeacon Live webpage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Zeacon Live may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You are allowed to link to a livestream event page for your event or recording outside of Zeacon Live Application.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If Zeacon Live contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Zeacon Live, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owners of Zeacon Live are based in the State of Washington in the United States. We provide this Zeacon Live for use only by persons located in the United States. We make no claims that Zeacon Live or any of its content is accessible or appropriate outside of the United States. Access to Zeacon Live may not be legal by certain persons or in certain countries. If you access Zeacon Live from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Zeacon Live will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Zeacon, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Zeacon Live, including, but not limited to, your User Contributions, any use of Zeacon Live's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Zeacon Live.
All matters relating to Zeacon Live and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Zeacon Live shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Seattle and County of King, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At the parties’ discretion, the parties may submit any disputes arising from these Terms of Use or use of Zeacon Live, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.
No waiver by Zeacon of any term or condition set forth in these Terms of Use 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 Zeacon to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy, Sales Terms of Use, and Copyright Policy constitute the sole and entire agreement between you and Zeacon with respect to Zeacon Live and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Zeacon Live.
This website is operated by Zeacon, 915 118th Avenue SE, Suite 305, Bellevue, Washington 98005.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to Zeacon Live should be directed to support@zeacon.com.
