Users are required to agree to the LiveU privacy policy and API terms, before accessing the API Client for YouTube.
A. These API Terms (“API Terms”) form a binding contract between you and LiveU and explain your rights and obligations when using LiveU’s API Client for YouTube (“API Client”). The API Client uses YouTube API Services and YouTube terms and policies apply to your use of the API Client, as set forth below.
B. “We”, “our” and “us” refers to LiveU and “you” and “your” refers to the individual, or company or other legal entity, on behalf of which the API Client is used.
C. If you are using the API Client on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these API Terms. If you do not have such authority, or do not agree with these API Terms, you must not use the API Client.
D. These API Terms do not apply to your use of the other products and services made available by LiveU. Your use of LiveU products and services is subject to separate written agreement(s) between you and LiveU or one of its affiliates entered into prior to such use.
E. We may revise these API Terms from time to time at our sole discretion. All changes are effective immediately when posted. Your continued use of the API Client following the posting of revised API Terms signifies your acceptance of the revised API Terms.
F. In the event of an inconsistency between these API Terms and those of an agreement governing (i) your use of LiveU Studio; or (ii) your partnership with LiveU, the provisions of such other agreement(s) will prevail to the extent of such inconsistency.
1. License and Use
1.1. Provided that you comply with (i) these API Terms and documentation relating to the API Client; (ii) YouTube’s Terms of Service (https://www.youtube.com/terms); and (iii) all applicable laws, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the API Client solely to publish content that you produce in LiveU Studio. There are no implied licenses granted under these API Terms and we reserve all rights not expressly granted.
1.2. When using, or attempting to use, the API Client, you agree: (i) to be bound by the YouTube Terms of Service (https://www.youtube.com/terms); (ii) to adhere to the applicable access requirements set out in the API documentation; (iii) to keep API keys or authentication tokens secure and not to share them with any third party; (iv) not to misrepresent or mask your identity; (v) not to remove any proprietary notices from the API Client; (vi) that LiveU may place limits on use of the API Client and you will not use, or attempt to use, the API Client in a manner that exceeds such limitations, including rate limits, or in a manner that constitutes excessive or abusive usage; (vii) not to use the API Client in a manner that poses a security risk or tests our systems or networks or those of any third party; and (viii) not to use the API Client in any manner or for any purpose that infringes, misappropriates, or otherwise violates the rights of any third party.
2. Intellectual Property. You are being granted a license to use the API Client and you obtain no other right, title, or interest. By using the API Client, you do not acquire ownership of any rights in the API Client or LiveU Studio. Subject to the foregoing, you retain all rights, title, and interest in your content.
3. Processing of Personal Data. Any personal data processed related to your use of the API Client will be processed in accordance with LiveU’s Privacy Policy (https://www.liveu.tv/privacy-policy). Any user data that we store is stored on databases at AWS and Salesforce. Please review the Privacy Policy. You must agree to the Privacy Policy to use the API Client and your use of the API Client will indicate and be deemed to be such agreement. Any personal data processed by YouTube will be processed in accordance with Google’s Privacy Policy (http://www.google.com/policies/privacy). You may delete all your data and information from the API Client at any time. You may revoke the API Client’s access to your data via the Google security settings page at https://security.google.com/settings/.
4. Export. The API Client is subject to US global trade control laws and regulations, including the U.S. Export Administration Regulations and various sanctions programs administered by the U.S. Office of Foreign Assets Control. You will not, directly or indirectly, export, re-export, release, or make the APIs available for use, in contravention with these laws and regulations.
5. Warranty and Indemnification
5.1. ANYTHING PROVIDED IN CONNECTION WITH THESE API TERMS, INCLUDING, WITHOUT LIMITATION, THE API CLIENT, IS PROVIDED “AS-IS”, WITHOUT ANY WARRANTIES OF ANY KIND. EACH PARTY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.2. You will indemnify, defend (at LiveU’s request) and hold harmless LiveU and its affiliates and their respective directors, officers, employees, agents, contractors, end users, and licensees from and against any claims, losses, costs, expenses (including reasonable attorneys’ fees), damages or liabilities based on or arising from (a) your use of the API Client (b) your relationships or interactions with YouTube, any end users, or any distributors of your content, or (c) your infringement of LiveU’s or any third party’s intellectual property rights. LiveU may at its own expense participate in the defense and settlement of any claim with its own counsel, and you may not settle a claim without LiveU’s prior written consent (not to be unreasonably withheld).
6. Limitation of Liability. WITH THE EXCEPTION OF YOUR (A) INDEMNIFICATION OBLIGATIONS UNDER SECTION 5.2; AND (B) OBLIGATIONS UNDER SECTION 4 (EXPORT), TO THE MAXIMUM EXTENT PERMITTED BY LAW: (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST PROFITS OR REVENUE OR LOSS OF USE OR DATA, COSTS OF COVER OR SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND, HOWEVER CAUSED, RELATED TO OR ARISING OUT OF THESE API TERMS OR THE RIGHTS, LICENSES, PRODUCTS OR SERVICES PROVIDED UNDER THESE API TERMS WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) THE TOTAL, CUMULATIVE LIABILITY OF LIVEU ARISING OUT OF OR RELATED TO THESE API TERMS OR THE RIGHTS, LICENSES, PRODUCTS OR SERVICES PROVIDED UNDER THESE API TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, SHALL BE LIMITED TO FIVE HUNDRED U.S. DOLLARS ($500.00). This clause shall survive the expiration or termination of the API Terms for any cause.
FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET FORTH HEREIN SHALL NOT LIMIT YOUR LIABILITY TO YOUTUBE, INCLUDING, WITHOUT LIMITATION, UNDER THE YOUTUBE TERMS OF SERVICE OR GOOGLE PRIVACY POLICY.
7. Term and Termination. These API Terms shall remain in effect until terminated. You may terminate these API Terms at any time by ceasing all use of the API Client and any relevant credentials. LiveU may terminate these API Terms or your use of the API Client with immediate effect for any reason and at any time without liability or other obligation to you. These API Terms and use of the API Client will terminate automatically if your authorization to use LiveU Studio ends. Upon termination, all licenses granted herein immediately expire and you must cease use of the API Client; and the terms of these API Terms that by their nature are intended to continue indefinitely will continue to apply.
8. Governing Law. These API Terms shall be construed and enforced in accordance with the laws applicable to your use of LiveU Studio, and you and LiveU submit to the exclusive jurisdiction of the courts with jurisdiction over your LiveU Studio use and the associated agreement, without giving effect to any conflicts of laws principles.