Terms of Use

Date updated: July 13, 2016

Please read these Terms of Use with care before you make use of the application and website known as PocketLIVE, which is hosted on the domain pocketlive.tv (the “Site”) and also available as a mobile application (the “App”), all of which are owned by PocketSocial Technologies Inc. (the “PocketSocial”). Throughout these Terms of Use, PocketSocial is also referred to as “we,” “us” and “our”.

These Terms of Use (also referred to as these “Terms”) outline the terms and conditions applicable to your use of the Service. The “Service” means PocketLIVE, whether accessed through the Site or the App or other means, and any related services, aspects, functions, software platforms, and derivatives of PocketLIVE. We may on one or more occasions amend these Terms and, upon our publication on the Site of the amended version, you agree they will take effect without further notice to you.

This is a legally binding agreement between PocketSocial and you.

   • Use of the Service for any purpose that is unlawful or prohibited by the Terms of Use is prohibited.

   • By accepting these Terms you confirm that you are at least 14 years of age. PocketLIVE is not intended for anyone under the age of 14.

   • By accepting these Terms you also confirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

By using the Service, you acknowledge and agree that you are subject to these Terms of Use, including our Privacy Policy, our Community Guidelines, and (as applicable) our Broadcaster Guidelines, all of which are incorporated by and made a part of these Terms. If there is any conflict between these Terms and our Community Guidelines or Broadcaster Guidelines, these Terms will govern. If you do not accept the Terms of Use you may not use the Service.

Registration

In order to access some features of the Service and to be able to Submit Content as a broadcaster (as those capitalized terms are defined below), you will have to create a PocketLIVE account via your Facebook® or email account, using the same information provided to one of those networks. You can alter that information by updating your Facebook® account (this will automatically update your PocketLIVE account the next time you log in). You also may alter your PocketLIVE account information by logging into the Service and accessing your settings.

You agree not to share your PocketLIVE account password or let others have access to your Account and you will not attempt to transfer your PocketLIVE account to anyone else. You are responsible for the activity that happens on or through your account, so we urge you to keep your account password secure and to always log-off when leaving your computer or mobile device unattended. Although PocketLIVE will not be liable for losses caused by any unauthorized use of your PocketLIVE account, you will be liable for the losses of PocketLIVE or others due to unauthorized use of your PocketLIVE account. You agree to notify us immediately of unauthorized use of your PocketLIVE account and of any related security breach by contacting us at support@Pocketlive.tv. If for any reason you want to limit a minor’s access to the Service, there are a number of commercially available parental control protections.

Ownership of the Service

All elements of the Service, including underlying platforms, software, look and feel, and other components (“Service Components”), to the full extent protectable by law, are either proprietary to PocketLIVE or proprietary to our licensors. “PocketLIVE” and other trademarks, slogans, service marks, and trade names (collectively, the “Trademarks”), which are used to identify the Service and/or the source of the Service, are proprietary to PocketLIVE. You shall not remove or alter any copyright notice, Trademark, or other proprietary or restrictive notice or legend affixed to any material provided as part of the Service or otherwise provided by PocketSocial. Except as expressly set forth in these Terms, no license, assignment, or other grant of rights in any Service Components, Trademarks, copyrights, or any other intellectual property is granted to you and no such grant will result from your accessing or using the Service. All rights in the Service not granted under these Terms are reserved by PocketSocial.

The Service may contain links to third party services that are not owned or controlled by PocketSocial. PocketSocial has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, PocketSocial will not and cannot censor or edit the content of any third party service. You expressly release PocketSocial from any and all liability both known and unknown arising from your use of any third party service.

User Generated Content

The term “Content” refers to any information, data, communication, video, text, graphics, photos (including but not limited to “cover photos” and “comments”), sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Service that users of the Service may broadcast, upload, or otherwise submit (collectively, “Submit”) to the Service, or view or access on the Service.

All right, title and interest in Content Submitted by you to the Service, to the extent it does not belong to third parties, will remain with you, subject to the licenses you make under these Terms and in any ancillary agreements with PocketSocial. PocketSocial does not and will not claim ownership of any of your Content. Notwithstanding the foregoing, you hereby waive any moral rights that you may have in your Content in favor of PocketSocial and anyone acting with the authorization of PocketSocial, and will upon our demand provide us with written waivers of your moral rights in Content.

PocketSocial assumes no responsibility for Content Submitted by you or any other users of the Service. You shall be solely liable for Content that you Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content you include in a broadcast initiated by you, even if you are not the creator of that Content.

You hereby affirm, represent, and warrant that you will own or obtain all necessary licenses, rights, consents, and permissions to enable PocketSocial to publish and otherwise utilize as authorized in these Terms and in any other ancillary agreement PocketSocial, the Content you Submit to the Service.

You understand that the Service is intended for public use and not for private communications, and you confirm that you have no expectation of privacy with regard to any Content you may Submit to the Service, or any other communication by you made to or through the Service. Furthermore, you are aware that PocketSocial does not guarantee the security of any information you disclose via the Service and any submission of Content by you to the Service is made at your own risk.

These Terms also apply to Content you Submit that includes advertorials, native advertising, or sponsorship (“Sponsored Content”). You are solely responsible for ensuring that your Sponsored Content complies with all applicable federal, provincial and local laws, rules and regulations, including without limitation the Competition Act R.S.C., 1985, c. C-34 and the Canadian Code of Advertising Standards (together, the “Advertising Guidelines”), including all required disclosures and disclaimers.

As with all Content, PocketSocial assumes no liability for Sponsored Content Submitted by you or any other users of the Service, or for any product or service offered by or through Sponsored Content (“Sponsored Products and Services”). You shall be solely liable for Sponsored Content that you Submit to the Service and all elements of it, including without limitation for Sponsored products and services and for any other consequences of transmission of Sponsored Content through the Service.

In addition to all other termination provisions set forth in these Terms, PocketSocial reserves the right to terminate immediately your access to the Service if you fail to make disclosures in any Sponsored Content you Submit in accordance with the Advertising Guidelines or as otherwise required by applicable law. Furthermore, in the event that Sponsored Content Submitted by you includes material or promotes products or services which, in PocketSocial’s opinion might insult or offend users of the Service or which might tend to injure the success of the Service or the good name of PocketSocial or the Service, or if your Sponsored Content does not comply with the Acceptable Use Policy set out below, or if in PocketSocial’s opinion Sponsored Content conflicts with or does not align with PocketSocial’s business, community, ethical or other goals, then PocketSocial shall have the right (a) to require that you cease submission of Sponsored Content and/or (b) immediately terminate your access to the Service.

Each time you Submit Content to the Service, you agree that by that Submission you thereby grant PocketSocial and its agents and designees a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the Service and with the businesses of PocketSocial and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.

Without limitation, the foregoing license includes the right of PocketSocial to grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, perform, edit, modify and comment upon your Content as permitted through the functionality of the Service, subject to these Terms. That functionality of the Service may include the ability of users to capture segments from broadcasts of Content and to make those segments available on users’ own PocketLIVE accounts, and to use, reproduce, distribute, display, perform, edit, modify and comment upon those segments via any and all channels of social media. PocketSocial shall have the right but not the obligation to remove those Content segments from users’ account pages without prior notice. Nothing herein, however, shall be construed to permit use of your Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not explicitly authorized by you.

In connection with the exercise of each of the foregoing rights licensed by you, you consent to use of your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, Twitter handle, Google+ ID, Instagram ID, profile pictures, and any other attributes of your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from you, except where prohibited by law.

You hereby release and discharge all claims both known and unknown against, and covenant not to sue, PocketSocial and Related Parties (defined below) with respect to the use of any Content Submitted by you as authorized by these Terms (including without limitation any claims that such use violates any proprietary right such as copyrights or rights of publicity/privacy).

Acceptable Use Policy

You expressly agree that all Content, including without limitation Sponsored Content, that you Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.

You also agree that you will not: (i) use the Service to spam others or create mass-emails; (ii) continue harmful behavior if you have been warned of such; (iii) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (iv) create a false identity (except for a user name unique to you that does not violate the rights of a third party, such as a celebrity or owner of intellectual property); and (v) forge an email address or header; or in any other way attempt to mislead others as to the identity of the sender or the origin of the message. You agree not to copy, scrape, re-post, take screen shots of, save, share, distribute, modify or make derivative works of any Content provided through the Service, except as expressly provided through the Service’s functionality and in these Terms.

You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.

Virtual Gifts and Purchases

While using the Service, there may be occasions where you are offered the ability to make purchases of virtual currency, and use that virtual currency to give tips or virtual gifts to other users, or otherwise apply virtual currency towards the purchase of some other item offered through the Service. The following terms apply to those transactions:

   • All purchases of virtual currency, virtual gifts, or other items offered through the Service is final and non-refundable, and cannot be transferred or re-sold.

   • All donating of virtual currency as a tip and gifting of virtual gifts to other users is final and non-refundable.

   • You acknowledge and agree that virtual currency does not hold any real value, cannot be converted back to real currency, and that you will not attempt to transfer or resell virtual currency or virtual gifts to anyone.

   • You acknowledge that users who are broadcasters on PocketLIVE may receive a portion of any tips and virtual gifts donated to them, which may accrue as credits to those broadcasters, and which may be convertible to financial rewards for those broadcasters to support their performances on the Service.

   • If you use virtual currency or virtual gifts to ‘tip’ a broadcaster, and that broadcaster breached these Terms during the performance you tipped, your virtual currency and/or virtual gifts will not be returned to you.

Subscriptions

PocketLIVE may offer access to certain parts of the Service on a subscription basis (“Subscriptions”). Subscriptions shall be for a specified term selected by you through the Service. Subscription-based parts of the Service may renew automatically on a monthly or annual basis, with payment due prior to each renewal unless you cancel your Subscription before the renewal date that is disclosed to you when you activate your Subscription, and through the Settings portion of the Service (in which case you may be responsible for making payments through the end of that calendar month). We may or may not notify you of upcoming renewal dates.

You agree to pay your Subscription fee in advance of receiving any Subscription-based part of the Service. PocketSocial reserves the right to discontinue or modify any Subscription fee payment option. You are responsible for all charges incurred under your PocketLIVE account and you are responsible for timely cancelation of your Subscription regardless of whether you receive any notice from us. PocketSocial reserves the right to deactivate Subscription-based parts of the Service to your PocketLIVE account if payment is past due, regardless of the dollar amount.

If you choose a Subscription-based service, you hereby grant PocketSocial permission to automatically charge the Subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to Subscription-based services will not be established until PocketSocial has verified (usually via a third party provider) that the credit card or other payment information you provide for payment is accurate and that your payment method account is in good standing.

You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify PocketSocial if your selected payment method is cancelled (e.g., for loss or theft).

PocketSocial reserves the right to suspend or terminate your access to any Subscription-based part of the Service without notice upon rejection of any charges or if the bank or other entity that makes payment on your behalf (or its agent or affiliate) seeks return of payments previously made when PocketSocial believes you are liable for the charges. PocketSocial also reserves the right in its sole discretion to suspend or terminate your access to any Subscription-based service if you are found, at the sole discretion of PocketSocial, to be in breach of the Terms of Use, or if you are suspended or banned, for any reason.

You may choose not to renew your Subscription-based part of the Service at any time by selecting the “Cancel Subscription” option under the Subscriptions page or by contacting support@Pocketlive.tv. Your cancellation is effective at the end of the current Subscription term.

Payments & Transactions

Payment transactions on the Site is secure and private. We do not keep your credit card, bank or other payment information. The Site collects payments through secure trusted third party platforms, such as PayPal, Stripe, Apple Pay, and Google Pay. You may also be required to read and agree to those third party platforms’ terms of service before you are able to make a payment on the Site.

Right to Shut Down, Deny or Limit Access, Remove Content

PocketSocial has the right, but not the obligation, to screen, refuse to post, remove or edit the Content (including any Sponsored Content), at any time and for any or no reason at all, in its sole discretion. PocketSocial takes steps to monitor Content and keep the Site, App, and Service safe, but PocketSocial cannot guarantee their safety. PocketSocial reserves the right, but assumes no obligation, to remove Content which is abusive, illegal or disruptive, or that otherwise fails to comply with the Terms of Use, and to limit or revoke your access in full or in part to the Service, in our sole discretion, at any time, and for any reason, including, but not limited to reasons such as technical difficulties or violation of these Terms.

In addition to any right or remedy that may be available to PocketSocial under these Terms or any applicable law, PocketSocial expressly reserves the right to suspend, limit or terminate your access to the Service, at any time with or without notice and with or without cause, including if PocketSocial determines, in its sole discretion, that you pose a threat to the Service or its users. In addition, PocketSocial may refer any information on illegal activities, including your identity, to the proper authorities.

Given that the Service is provided in real-time, we would appreciate your help in reporting to us any Content that you believe violates these Terms. Please direct the relevant information, including the IP address used to commit the alleged violation and the date and time of the alleged violation, including the time zone to support@Pocketlive.tv.

Feedback from You

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback, or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of PocketSocial, without any compensation to you. While under no obligation to review those submissions or to keep those submissions confidential, PocketSocial may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.

To provide such submissions or feedback, please email support@Pocketlive.tv.

Copyright Infringement Policy

PocketSocial is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner and believe that any Content infringes your copyrights, you may Submit a notification pursuant to Canada’s Copyright Modernization Act (“CMA”) by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see section 41.25 of the CMA for further detail):

   • the copyright infringement claimant’s name, address, and any other contact particulars prescribed by the CMA

   • the work or other subject-matter to which the claimed infringement relates

   • the claimant’s interest or right with respect to the copyright in the work or other subject-matter

   • the location data for the electronic location to which the claimed infringement relates

   • the infringement that is claimed

   • the date and time of the commission of the claimed infringement

   • any other information required to be provided under the CMA

PocketSocial will process any notices of alleged copyright infringement and will take appropriate actions under the CMA. Upon receipt of a notice complying with the CMA, PocketSocial will act expeditiously to forward your notice electronically to the relevant infringing user and confirm to you that notice was forwarded (or if applicable, provide you with reasons why it was not possible to forward that notice).

Notices of claimed infringement should be directed to the Designated Agent by mailing all required documentation to: PocketSocial Technologies Inc., 1285 W. Broadway, 8th Floor, Vancouver, BC, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT or by email to support@pocketLIVE.tv with the words “Attn Copyright Infringement Designated Agent” in the subject line.

Warranties and Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
POCKETSOCIAL EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE): (A) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RESPECTING THE SERVICE AND RESPECTING ANY AND ALL SPONSORED PRODUCTS AND SERVICES; (B) ALL WARRANTIES RELATING TO CONTENT FROM USERS AND/OR THIRD PARTIES THAT YOU MAY OBTAIN OR ACCESS AT THE SERVICE INCLUDING WITHOUT LIMITATION SPONSORED CONTENT AND SPONSORED PRODUCTS AND SERVICES.
(C) ALL WARRANTIES THAT SUCH CONTENT IS FREE OF MATERIAL THAT IS DEFAMATORY, INFRINGES COPYRIGHT, AND/OR VIOLATES THE RIGHTS OF PRIVACY OR PUBLICITY OF ANY PERSON OR ENTITY OR VIOLATES ANY LAW OR GOVERNMENTAL REGULATION. (D) ALL WARRANTIES THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU BY OR THROUGH THE SERVICE WILL MEET YOUR NEEDS AND/OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU UNDERSTAND AND AGREE EXPRESSLY THAT POCKETSOCIAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POCKETSOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, WITH OR FROM THE SERVICE; (iii) THE PURCHASE OR USE OF ANY SPONSORED PRODUCTS AND SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POCKETSOCIAL FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID TO POCKETSOCIAL BY YOU.

The Service contains the opinions and views of its users. PocketSocial does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Content from users made available through the Service.

Please also note that the Service is controlled and offered by PocketSocial from its facilities in the Canada. The laws of other countries may differ regarding the access and use of the Service. PocketSocial makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.

Applicable Law and Jurisdiction

The provincial laws of British Columbia and federal laws of Canada apply to these Terms, without regard to principles of conflicts of law. You irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals from them.

Liabilities and Indemnities

You shall indemnify and hold harmless PocketSocial and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including legal fees on a solicitor-client basis) (“Damages”) asserted against, imposed upon or incurred by PocketSocial and/or any of its Related Parties arising from or relating to any violation of these Terms by you, and/or the use of your Content, including, without limitation, any infringement of any third party’s rights by your use of the Service or through Content you Submit or the failure of your Sponsored Content to comply with applicable law (including the Advertising Guidelines).

Platform Providers

Platform providers, such as Apple Inc. and Google Inc., that make the App available for download (“Platform Providers”) are not party to these Terms. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to deliver any product or service purchased by you through the App, you may notify the applicable Platform Provider, and that Platform Provider may refund payments made for those purchases (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims alleging infringement of intellectual property; and (iv) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such claims. Platform Providers are third party beneficiaries of this paragraph, and will have the right (and will be deemed to have accepted the right) to enforce the provisions of this paragraph against you.

Privacy

To learn more about how PocketSocial protects your personal information, please refer to the PocketLIVE Privacy Policy on pocketlive.tv website, which is incorporated by and made a part of these Terms.

POCKETLIVE CASUAL BROADCASTER TERMS

TO PROTECT YOUR OWN INTERESTS YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE SIGNING UP AS A CASUAL BROADCASTER ON OUR SITE.

These Terms are made between you and POCKETSOCIAL TECHNOLOGIES INC. (“PocketSocial”), a Canadian corporation (957569-3) with an office at 280 – 1285 West Broadway, Vancouver, BC V6H 3X8.

INTRODUCTION

These Terms explain how you may sign up as a casual broadcaster on the Site. Being a casual broadcaster means that you are not required to fulfill any Performance quotas—essentially, you can broadcast a Performance whenever you want. You should read the following terms carefully before signing up. When signing up, you agree to be bound by these Terms and the documents referred to in them, which together form an agreement between you and PocketSocial. If you do not accept all of these Terms, you will not be allowed to sign up as a casual broadcaster unless we agree otherwise.

These Terms are only available in English. No other languages will apply to these Terms.

INTERPRETATION

1. Definitions

Certain definitions are defined within the body of these Terms as indicated by a word enclosed with quotations and parentheses (e.g. “example”). In addition to those definitions, the following frequently- used definitions apply to these Terms:

(a)  “Terms” means the terms and conditions set out in this document, as amended on one or more occasions in PocketSocial’s discretion.

(b)  “Site” means the website hosted on the domain www.pocketlive.tv and any successor website.

(c)  “PocketLIVE” the Site, as well as one or more mobile applications named PocketLIVE, any other digital platforms that allow you to interact with the Site, and any successor mobile applications (regardless of how they are named).

(d)  “Performance” means an occasion on which you perform a creative act made up of Content that is streamed live over the Internet on PocketLIVE.

(e)  “Content” will means any information data, communication, video, text, graphics, photos (including but not limited to ‘cover photos’ and ‘comments’), sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on PocketLive that users of PocketLive may broadcast, upload, or otherwise submit to PocketLive, or view or access on PocketLive. However, that meaning will be subject to the meaning given to the term Content in the Terms of Use from time to time, which meaning will govern any inconsistency between the sources of that definition. This means that if the term ‘Content’ is altered on one or more occasions in the Terms of Use, it will accordingly alter that term’s meaning in these Terms.

(f)  “Broadcaster Guidelines” means the most recently published broadcaster guidelines on the Site, which are accessible at the following hyperlink https://pocketlive.tv/static/v1.0/broadcasters/BroadcasterGuidelines.pdf.

(g)  “Terms of Use” means the most recently published terms of use for PocketLIVE on the Site, which are accessible at the following hyperlink https://www.pocketlive.tv/terms.html.

(h)  “Community Guidelines” means the most recently published community guidelines on the Site, which are accessible at the following hyperlink https://pocketlive.tv/static/v1.0/broadcasters/CommunityGuidelines.pdf.

(i)  “Digital coins” means the coins you receive in the PocketLIVE as result of virtual gifts.

2. Interpretation

(a)  All currency under this agreement is in Canadian Dollars.

(b)  All payments made to you are deemed to be inclusive of any applicable value added taxes.

(c)  If any provision of the Broadcaster Guidelines, Terms of Use, or Community Guidelines conflict with any provision of these Terms, the terms of those documents will govern.

USE OF POCKETLIVE

By agreeing to these Terms, you will be granted access to PocketLIVE as a casual broadcaster, meaning that you will not be required to perform a minimum number of Performances. However, you agree that in using PocketLIVE and in performing any Performances on PocketLIVE, you will comply with Broadcaster Guidelines, Terms of Use, and Community Guidelines.

You acknowledge that you have read and agree to PocketSocial’s privacy policy.

BROADCASTER’S COMMISSION

1. Commission

To thank you for your Performances, you are entitled to a commission calculated as follows (the “Commission”):

Digital coins collected during a given month’s Performances × 0.5 × 0.01 = dollar-value credit

Example: if Mary collects 100,000 digital coins in a month, she will receive a $500 credit.

2. How PocketSocial Pays You

All Commission is credited to your PocketLIVE account, which you can cash out as frequently as once per month. When you cash out your account, the money you have earned will be transferred to you using Stripe, Paypal or direct bank transfer after you provide your banking information.

3. Breach of Terms of Use

If any Performance breaches the Terms of Use, PocketSocial may revoke without compensation to you all Commission earned during that Performance.

REPRESENTATIONS AND WARRANTIES

1. Broadcaster’s Statements of Fact

You state to PocketSocial the following statements are true and accurate, and you acknowledge PocketSocial is relying on their truth and accuracy while you remain subject to these Terms:

(a)  You are at least 18 years of age and have the right to agree to these Terms.

(b)  You do not reside in any jurisdiction that would prevent you from providing Performances on PocketLIVE.

(c)  Your agreeing to these Terms is not a breach of any obligations under any other agreements you are party to (including any collective bargaining agreement), nor will your entering into this agreement breach any laws of general application that apply to you.

2. No Statements by PocketSocial

You acknowledge that because you are not relying on any statements of fact made by PocketSocial to you regarding the subject matter of these Terms, you will have no basis for bringing any claim for misrepresentation, breach of warranty, or fraud in connection with any such statements.

INTELLECTUAL PROPERTY RIGHTS

Our Terms of Use govern intellectual property rights in your Performances. Essentially, you retain all ownership of your Performances, but grant us a license to use, modify, sublicense, and transfer your Performances. Please review the Terms of Use for more information.

NON-DISPARAGEMENT

You agree that during the term of this agreement and after it ends, you will not publish, make, or do (or cause to be published, made, or done) any disparaging or negative work, depiction, or statement about PocketSocial, whether written or oral or otherwise in any medium that could reasonably have the effect of lowering the reputation of PocketSocial in the esteem of any person.

TERMINATION

You are not locked in for any period of time under this agreement. This agreement will end the date you or PocketSocial provides notice to the other of intention to terminate.

If this agreement is terminated, although you will not be able to perform Performances on PocketLIVE, your account will remain active such that you will be able to cash out your Commission in one of the manners described above.

LIMITATION ON POCKETSOCIAL’S LIABILITY

To the maximum extent permitted by law, PocketSocial will only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms, and any such liability will be limited to an amount equivalent to the average Commission you made on all of your Performances. Losses are foreseeable where they could be contemplated by you and PocketSocial at the time these Terms are entered into. PocketSocial is not responsible for indirect losses which happen as a side effect

of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

GENERAL PROVISIONS

1. Changes to these Terms

PocketSocial may change these Terms on one or more occasions. Those changes will take effect when you have been provided notice of those changes. If you are not happy with any changes, you are welcome to end this agreement by notice to PocketSocial, or otherwise stop using PocketLIVE.

2. Independent Contractor Status

You are being engaged under this agreement as an independent contractor, meaning that you are not an employee, agent, or partner of PocketSocial and will have no authority to contract for or bind PocketSocial in any manner, nor act on PocketSocial’s behalf. You will be responsible for remitting all applicable taxes and other statutory payments that relate to your Commission. If for any reason a court determines you are to be treated as an employee and not an independent contractor, you will indemnify and save harmless PocketSocial from all damages and pecuniary losses whatsoever (including without limitation: claims, demands, judgments, charges, taxes, fines, penalties, and legal expenses on a solicitor-client basis) which may be made against PocketSocial by the Canada Revenue Agency, the Minister of National Revenue, or any similar taxation authority for employee remittances, income tax, employment insurance premiums, and Canada Pension Plan premiums relating to any Commission paid to you, subject to your right to appeal against that assessment or re-assessment.

3. Entire Agreement

This agreement constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.

4. Assignment

PocketSocial may assign any part of this agreement without prior notice to you. However, you may not assign any part of this agreement because it is personal to you.

5. Modification; Waiver

No amendment of this agreement will be effective unless it is in writing and signed by the parties. No waiver of satisfaction of a condition or failure to perform of an obligation under this agreement will be effective unless it is in writing and signed by the party granting the waiver.

6. Notices

(a) For a notice or other communication under this agreement to be valid, it must be in writing and delivered by email. For a notice or other communication to a party under this agreement to be valid, it must be addressed using the information specified below for that party or any other information specified by that party in writing to the other parties.

(i)  To PocketSocial: info@pocketsocial.com

(ii)  To you:
at your email address you provided when you agreed to these Terms, or any replacement email address your provide in your account details.

7. Severability

(a) If any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (b) If an unenforceable provision is modified or disregarded in accordance with this section, then the rest of the agreement will remain in effect as written; and (c) Any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

8. Governing Law

The provincial laws of British Columbia and the federal laws of Canada govern this agreement, without regard to principles of conflicts of law.