Terms and Conditions

General Terms and Conditions

1. The Customer agrees to these Terms and Conditions which may be varied from time to time.
2. Subject to the Terms and Conditions, the Customer has requested COMPANY to provide services as detailed on the “Scheduling form,” an invoice, quote, email, or any other form completed for the planning and scheduling of a webcast at the prices shared on the website.
3. The Customer will pay all fees, in advance.
4. In some situations, an intermediary "reseller" will sell our services. Furthermore, in some reseller situations, the reseller will actually sell and bill the services to a client and then pay the Company directly. In any and all cases, the terms and conditions of the relationship between the Company and the recipient of our services are defined by this document. The Client, in all circumstances, is the recipient of the service.

Definitions

In this document, the following is intended to best describe the intent of terms used:

1. 'Agreement' means the document provided by COMPANY and intended to define the terms and conditions of services provided
2. 'Costs' means the costs of the Services as stated in the Agreement;
3. 'Customer' means the Administrator or Applicant for the event
4. 'COMPANY' means the Memorial Webcasts, a division of Let’sGoEXPO, Inc.
5. ‘Event’ means the event for which streaming/webcasting is being requested
6. 'Services' means recording and streaming, or any other media treatment, or other services described in the final billing.
7. 'Term' means period of time;
8. ‘Attendee’ means a person authorized by the Customer to view the Webcast on one occasion via the Website;
9. 'Webcast' means a transmission over the Internet of a recording of the Event and accessed via a website page provided by Company on Company’s website(s)
10. 'Website' means the website operated by COMPANY or an AFFILATE at a site nominated by COMPANY.
11. ‘Affiliate’ means an individual or company that has met requirments to provide webcasting support and services, and who has agreed to specific terms and conditions in order to utilize the COMPANY’s website, or a website built for the affiliate created for that affiliate by COMPANY

Services

Subject to the Terms and Conditions COMPANY will, if requested by the Client and the Client accepts the quoted fees, use its best efforts to provide the requested services which may include some or all of the following

1. video taping using at least one camera
2. broadcasting (streaming) of the taping via the internet at the quality level allowed by the available internet at that location (quality will vary from location to location)
3. upload and hosting of the video for 12 months following the event (365 days of hosting of the video)
4. a disc copy of the taping (not a professionally finished copy)
5. an event description page with standard details that are to be provided by the client

 Conditions

1. COMPANY may vary the Services from time to time at its discretion.
2. COMPANY makes no guarantee as to the ability to stream, record, or webcast the event. CLIENT agrees that there will be no penalty or damages to be paid by COMPANY in the case of failure to complete any aspect of the project for any reason.
3. If COMPANY is unable to provide all or any of the Services for any reason, COMPANY will advise the Customer of that fact as soon as practicable and, on application from the Customer, refund the cost of the Services paid by the Customer to COMPANY but not provided by COMPANY as defined here:
   1. Failure to stream more than 75% of the event (missing 25%) due to equipment failure = $300 refund
   2. Failure to stream more due to local internet failure or lack of signal = No refunds provided (video will be loaded and made available as an archive
   3. Failure to provide video recording to upload to the venue as an archive = $200 refund
   4. Failure to provide streaming when Satellite Service is purchased = Full refund of satellite upgrade fees paid
   5. Failure of the web conferencing system (currently tcConference) to provide text chat or streamed audio (EXCLUDES Mac until announced that MAC client is provided and MAC is supported) = $100  refund

Availability of Services and Fees

1. COMPANY may vary or all of any of the Services at its sole discretion.
2. COMPANY may vary the Cost/s of all or any of the Services at its sole discretion.
3. If any Tax is payable by COMPANY in relation to the provision of the Services, COMPANY will increase the amount payable by the Customer on account of the Tax. 'Tax' means any tax including any goods and services tax, withholding tax, charge, rate, duty or impost imposed by any authority, but does not include any income or capital gains tax.
4. Access to the recorded and uploaded video of the event will occur within 48 hours.

Termination

1. The Customer may terminate the Agreement at any time by advising COMPANY in writing. In such an event, the Customer is not entitled to a refund of moneys paid to COMPANY.
2. COMPANY may terminate the Agreement at any time. In such an event, COMPANY will, on application from the Customer, refund the Customer any moneys paid EXCEPT for custom services where the services and the finished product have been supplied by Company. This includes:
   1. Captions
   2. Narration
   3. Graphic design – images
   4. Media treatment (editing of any kind)

Authorization, Content and Warranty

1. The Customer authorizes COMPANY to record and/or Webcast the Event the recording of the Event and edit or delete any material for any reason and at its sole discretion without the consent of the Customer.
2. The Customer agrees and confirms that the Event will not contain material that is defamatory, misleading or deceptive, obscene, offensive or that infringes the rights of others, including copyright
3. Customer agrees that in the case of inappropriate content, the Company has the option to terminate the service at any point, and client is not entitled to any refunds of services provided or not provided by the point in time the service is terminated.
4. The Customer warrants that the recording and webcasting of the Event will not infringe the intellectual property rights, including copyright, of others where the Customer does not own the copyright in material which forms part of the Memorial Service, the Customer has obtained the consent of the copyright owner to:
   1. record and/or Webcast the material; and
   2. use the material as described in the Terms and Conditions;
   3. where the material relates a living person, the Customer has obtained the consent of the person to record and/or Webcast the material; and use the material as described in the Terms and Conditions.
5. The Customer acknowledges that:
   1. The quality of the recording will be non-professional;
   2. COMPANY will own the copyright in the recording;
   3. COMPANY provides full rights to all content recorded without any required royalty or fees if the content is used for any other purposes

Liability and Disclaimer

1. COMPANY will take all reasonable precautions to prevent unauthorized access to the Webcast and Website. However, where unauthorized persons do gain access to the Webcast or the Website, COMPANY, its related bodies corporate or its employees, agents, representatives, suppliers or contractors will not be liable for any damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, loss of or damage to reputation, claims of third parties or other losses of any kind, arising out of or in connection with the unauthorized person's access to the Webcast or the Website.
   1. COMPANY, its related bodies corporate or its employees, agents, representatives, suppliers, or contractors will not be liable for any damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind, arising out of or in connection with the use of, or inability to use, the Webcast or the Website.
   2. The Agreement does not modify or exclude any condition or warranty implied into the Terms and Conditions or any liability imposed on COMPANY by any law of the United States of America, or the State of California.
   3. To the extent permitted by law, COMPANY excludes all conditions and warranties implied into these Terms and Conditions and limits its liability for breach of any implied condition or warranty that it cannot exclude to (at COMPANY's option):
      1. the re-supply of any Service requested; or
      2. a refund of the cost of the Service paid by the Customer to COMPANY.
2. COMPANY does not accept any responsibility in the event that the recording equipment, Website or Webcast is unavailable due to any computer or Internet service provider downtime, equipment malfunction or such other event.

Indemnity

1. The Customer agrees to fully indemnify and hold COMPANY harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by COMPANY, its related bodies corporate, directors, employees, contractors, agents and representatives arising out of or in connection with:
2. 1. a breach by the Customer of the Agreement;
   2. infringement of any intellectual property or other right of any person or entity; or
   3. a claim that the material Webcast is libelous or defamatory or otherwise results in injury or damage to a third party.

Waiver

COMPANY's failure to exercise or enforce any one or more of its rights under the Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted by COMPANY in writing.

Governing Law

The Terms and Conditions will be governed and interpreted in accordance with the laws of the State of California, USA. In the event of a dispute out of or relating to the Agreement, the Webcast or the Website, legal claims will be filed in the County of Orange, in the State of California, USA.

Invalid Terms and Conditions

In the event that any or any part of a term contained in the Terms and Conditions is determined by a court to be invalid, unlawful or unenforceable, then such term or part thereof shall be severed from the remaining terms.

Optional Signature Area

By purchasing our service, you have accepted the terms within this document with or without a signature, having been provided ample opportunity to read and ask the company for any clarifications. In special circumstances, the company may request a signed copy of this page be submitted via fax. Please print this page, sign, and fax to 240.358.5864. When a signed copy is requested by the Company, it MUST have an signature verifying receipt and acceptance of the document by the Company in order to be a valid agreement between the parties.

Client signature ________________________________________

By (print name) ________________________________________

Date _________________________________________________

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For Corporate Use Only

Accepted______________________________________________

Date accepted _________________________________________

End of document

Last revision: September 28, 2009