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Welcome to Live Technician cloud, a file sharing and file viewing service incorporated in the State of Delaware as Live Technician cloud Inc., and doing business in the State of California. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Live Technician cloud,” ,“us,” “we,” and “our,” refer to us, Live Technician cloud Inc., our website, Live Technician cloud, or our service, Live Technician cloud, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Description of Service
Live Technician cloud is a file sharing and viewing service that allows users to share files up to 250 MB in size for others to download or preview. There is no maximum number of files our users can upload, but the total size should not exceed more than (2GB + additional space earned through referrals).
A Live Technician cloud’s user may upload any type of content to Live Technician cloud (as long as it isn’t illegal, pornographic, or otherwise in violation of our rules). When users upload files, the files are organized into folders. A user can get the link to any of his/her folders or file and share that link. Users may also email their files directly from Live Technician cloud. Live Technician cloud encrypts files so that no one can access them except for a user with his/her login credentials.
2.2 File Viewing
Live Technician cloud supports over 200 Supported Formats and allows users to preview their files online. When files are previewed online, Live Technician cloud accesses the files for that period only for the sole purpose of converting them into a format that is viewable online.
2.3 Security and Deletion
When a user shares the link to a folder or file, or e-mails the link, all recipients who have the link can access that file or folder. They will be able to view them as long as the files exist.
Users may delete files and/or folders at any time. When a user deletes a folder or file, its link continues to exist but no files will be visible. Anyone who accesses the link will be told that the files have not been found.
Live Technician cloud itself does not delete files unless they infringe on someone’s copyright, or if we are otherwise required to do so by law.
Live Technician cloud offers a premium, paid service called Live Technician cloud Plus. When you subscribe to Live Technician cloud plus, you agree to pay the monthly or annual subscription fee for the plan you select. Payment is charged when you upgrade to Live Technician cloud Plus.
We never store your credit card information on our servers. We use a third party vendor to process payments. This vendor may have access to your information for the sole purpose of processing payments but Live Technician cloud will never store the information on its servers, nor is the information ever accessible by anyone at Live Technician cloud.
Your Live Technician cloud Plus subscription fee does not include taxes which will be deducted when you upgrade your account. Live Technician cloud does not offer refunds.
In order to use our service, you must be thirteen years of age or older to use our service, regardless of whether you download or upload files. This is because our service may include the provision of materials which are restricted to minors. If your jurisdiction has a higher minimum age to share your information online, then you must be at least that age.
You must also be a natural person, though you may sign up, as a natural person, on behalf of a body corporate or other similar legal entity. If you register for an account on behalf of a third party, you must have the authority (such as general power of attorney or authorization from the executive authority for that third party) to bind it to this Agreement.
All of the information that you provide us, including your biographical data, contact information, and payment details, must be complete and accurate. You must create only one account unless you have received previous written authorization to the contrary from Live Technician cloud, and that authorization has not been revoked.
By using our service, you warrant that you have met all of the above eligibility criteria, and that you will indemnify us for any breach of this warranty.
Our service is provided for free, on an as-is basis. We provide no assurances as to the reliability of our service, and although we strive to keep our service reliable, you should not treat it as such, especially if you are dependent on your files being available. You hereby waive us from any liability for any damage to persons, property, financial states, or other losses.
Without limiting the generality of the foregoing, you release Live Technician cloud from any liability regarding:
System outage, whether in whole or in part, and whether caused by a third party contractor such as our cloud computing provider, or caused by ourselves.
6. Server Maintenance
Live Technician cloud, its third party hosting provider, or any other party authorized by Live Technician cloud may take action to maintain the servers provided by Live Technician cloud. You agree that, without limiting the generality of any other provisions under this Agreement, Live Technician cloud or authorized third parties are not liable in any way for such maintenance, nor any other server downtime or congestion which may affect the availability of files that are hosted.
7. Fair Usage Policy
Live Technician cloud strives to make file sharing easy; to ensure our users can always get to their important files we have a fair usage policy that ensures the service is not abused by spammers, or misused in any way by a small number of users. Live Technician cloud classifies the following activities as a breach of what we consider ‘Fair Use’.
Sharing your personal account with others to store and access files.
In addition to the above stated actions, we may see other practices as an indicator of fair use. Live Technician cloud reserve the right to take unlawful, illegal, or abnormal account usage into consideration when determining fair use.
The unlimited monthly bandwidth for Live Technician cloud Plus users is capped at 200GB/month (which may or may not be subject to change over time) to avoid misuse, such as, hotlinking, leeching and spam. If you reach this monthly limit, please contact us and we will investigate it. If you are not violating our fair usage policy, the bandwidth will be reset for your account.
Users found violating the Fair Use policy may have their accounts suspended, or terminated, with no claim to any refund. Where reasonable, Live Technician cloud will notify users before account suspension or termination.
8. Rules of Conduct
When using our site, you agree that you will not:
Violation of these or any other provisions of our Agreement may result in the immediate termination of your account and/or the removal of any infringing files. We are not responsible for any loss which may result from such termination and/or removal.
9. Live Technician cloud’s Copyright & Trademark
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, copying content (whether or not we own the full rights to it, as copying it still harms our network capacity), and copying file descriptions. The obvious exception to this is that you may download files provided by another user if it is lawful to do so.
Additionally, “Live Technician cloud” is a trademark used by us, Live Technician cloud, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
10. Your Copyright
Live Technician cloud does not require that you transfer any ownership of your file’s copyright to us. However, Live Technician cloud is a file sharing service. Because of this, we must ensure that all content uploaded to us may be used legally by us without having to remove it at a later date due to a revocation of license by the uploading user, or a copyright complaint by the rightful owner. Therefore, by uploading any content to our site, you agree that you grant us a universal, perpetual, sub- licensable, commercial and non-commercial, conditionally revocable license to use such content and that you represent to us that you have the right to grant such a license. The condition on the revocability of this license is that in order to revoke, you must follow Live Technician cloud’s procedures to delete your file from our servers, and allow for a reasonable period of time for Live Technician cloud’s servers to remove it. You agree to indemnify us as well as any third party affected by your wrongful representations if you should represent falsely that you have the right to grant this license.
Please note that this license is used solely to give Live Technician cloud the right to host material; we do not actively control what material appears on our website and are not liable for any infringement by our third party users. Individuals alleging copyright infringement by a user may use our DMCA provisions described below.
11. File Storage
File storage will generally be provided indefinitely. Live Technician cloud does, however, reserve the right to establish deadlines, including deadlines established ex post facto in relation to an uploaded file, which permit us to delete the file sooner, or deny a user the ability to upload a file in the first place.
Live Technician cloud may also delete files for legal reasons, without providing notice or a right of redress, including but not limited to cases involving alleged copyright infringement. We may engage in such deletions regardless of whether we have received a valid notice (such as a DMCA notice) where we believe that a prima facie case has been established for whatever legal wrong complained about.
You hereby waive Live Technician cloud from any liability in regards to the deletion of files or the inability to upload files.
12. Revocation of Consent
Where Live Technician cloud has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
13. DMCA Notices
Live Technician cloud does not screen content, whether before or after it is uploaded, and is not liable under United States law for intellectual property infringement arising from third party users’ activities. However, we take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
14. Editorial Functions
Live Technician cloud is protected against any actions for defamation, as well as certain other causes of action, caused by the provision of files by third party users through our service.
If individuals are able to download or view files which you believe are defamatory or otherwise unlawful, we request that you notify us with details sufficient to establish that the material is unlawful, and where the material is located, by e-mailing us at.
Please note that Live Technician cloud has no obligation to comply with such requests, and may choose not to investigate such requests or, if we do investigate, to decide not to exercise our editorial rights as the owner of Live Technician cloud.
To ensure the highest likelihood that we will comply with your request, we recommend that you provide us with a declaration or injunction from a court (whether against us or a third party) declaring specific material to be unlawful, and describing its location and nature in as much detail as possible. In order to respect the right to free speech, we require that the court be located in the United States, or that we believe that the words complained of in such a declaration or injunction would be unlawful if heard by a United States court. Nothing in this paragraph should be construed as a promise to respond to such court orders or a waiver of our legal protection against third party speech, and we take these measures solely on a voluntary basis to maintain the quality of our website.
In addition to the above, Live Technician cloud may at any time decide, on its own volition or at the request of some other party, to delete, edit, modify, or otherwise alter the existence of a file on livetechniciancloud.com. You acknowledge and agree that this imposes no further editorial liabilities upon us and does not remove any defenses, excuses, or privileges under any applicable statutes or the common law. Live Technician cloud does not exercise any active control or monitoring over users’ files.
15. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU ACKNOWLEDGE THAT THE FILES ON OUR WEBSITE ARE PROVIDED BY THIRD PARTIES AND THAT WE HAVE NO CONTROL OVER THE LIABILITY OF THAT INFORMATION. AS SUCH, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE FILES ON OUR WEBSITE, EVEN IF WE BECOME AWARE THAT IT MAY BE MALICIOUS OR OTHERWISE UNRELIABLE AND CONTINUE TO MAKE IT AVAILABLE.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSSES CAUSED BY THE USE OF OUR SERVICE BY YOURSELF OR OUR OTHER USERS. THIS INCLUDES ANY FAILURE OR DAMAGE CAUSED BY THIRD PARTY GOODS OR SERVICES (INCLUDING THOSE OF USERS), INCLUDING INJURY TO PERSONS OR PROPERTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
You agree that this indemnity includes imposing a liability upon you for any activities carried out using your account, regardless of the cause, unless a party acting on behalf of Live Technician cloud (such as an employee or director) is the individual who used your account and incurred liability as a consequence. In other words, without limiting the generality of the foregoing, if your account is misused in any way by anybody other than Live Technician cloud, you agree to be responsible for the damages incurred to any party.
17. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
18. Forum of Dispute
In order to limit the costs and complexity of legal proceedings against Live Technician cloud Inc., you agree that any dispute naming Live Technician cloud Inc. or a party acting for or on behalf of Live Technician cloud Inc. arising from or relating to this Agreement will be heard before a court in the State of California.
Specifically, where the subject matter so permits, the court having the lowest maximum jurisdiction over damages shall be used to hear the matter, even if you might otherwise be entitled to more damages in another court. For example, if you are a natural person and your claim is for less than $7,500, you will bring the action in California’s small claims court. You agree that you will waive any additional damages to which you are entitled and bring the claim in the lower court. If you are a natural person, your claim is for more than $7,500, and it concerns subject matter which, if worth less than $7,500, could be heard by California’s small claims system, you will only sue in the small claims court, for up to $7,500, regardless of what you would otherwise be entitled to.
You agree that, in the event that you are ineligible to bring a claim in California’s small claims through no fault of our own, by reason of your having more than two $2,500 claims within the same calendar year, you will be required to indemnify us for the difference in attorneys’ fees, court costs, and disbursements that we may incur as a result of defending the action in a less summary court. You agree that, prior to commencing such an action, you will notify us to give us enough time to consult a licensed attorney, and will provide the attorney of our choice with the estimated amount which constitutes the increase in attorneys’ fees, disbursements, and costs, the remainder of which, if any, will be returned to you at the end of the action and all possible appeals, or which shall be added to by you should it be insufficient to compensate us for the difference.
If you bring a dispute in a manner other than in accordance with this Agreement, such as by suing us in another country or state or in a higher court in California, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
19. 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, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Live Technician cloud shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
We may use certain terminology that is succinct and simple. In order to assist you in better understanding this terminology, please read the definitions? Which act as a guideline only and are not binding in instances where it would be absurd-carefully?
"User" refers to paid users of our Service, free users of our Service, and general visitors to our Site;
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
In addition to the above cookies, cookies from third party advertisers may also be installed on your computer. Please consult the relevant advertiser to learn more about your privacy rights with their organization.
3. Use of Your Information
We may use your information to:
4. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into their account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser's cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
Without limiting the generality of the foregoing, you authorize us to use Google Analytics, for general web analytics purposes.
8. Release of Your Information for Legal Purposes
At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
9. Commercial and Non-Commercial Communications
10. Security Measures
Live technician cloud has incorporated SSL Certificates and PCI DSS-compliant hosting into its Service for the benefit of our Users. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
11. Your California Privacy Rights
12. Children's Safety
Individuals under 13 years of age are not allowed to use our Service. If you become aware of a User who is under the required age to use all or any portion of our Service, please notify us immediately at legal@Livetechnician.com, and provide us with full details as to why you believe they are below that age and we will address the issue. If you are a User who is reported in this manner, we may require you to provide suitable proof of age, such as a copy of government identification, in order to continue using our Site and/or Service.
13. International Transfer
14. European Notification
Live technician cloud computing provider, Amazon Web Services, has self-certified itself as being in compliance with the U.S.-European Union Safe Harbor Framework. Data provided to our servers will be stored in compliance with that framework.
Note that this notification does not represent any concession on the part of live technician cloud that we are subject to the law of any European member state and is provided as a courtesy only.
For more information on the U.S, European Union Safe Harbor Framework, please visit http://export.gov/safeharbor/.