Terms of service.

The agreement

These terms are an agreement between you and Ernst Media LLC ("Live Reads", "we", "us") for using livereads.com, app.livereads.com, the Live Reads apps and the emails we send (together, "Live Reads"). By creating an account or using Live Reads, you agree to them and to our privacy policy. If you use Live Reads for an organization or a business, you agree on its behalf and confirm you're allowed to.

If your organization has a separate written agreement with us, such as a license for the current season, that agreement wins wherever it says something different.

Your account

• You must be at least 13 to have an account, and 18 to buy reads or shoutouts or to set up an organization or business.
• Give accurate information and keep it up to date. An account is for one person; don't share your sign-in.
• Keep your sign-in safe, and tell us at once if you think someone else has used your account. You're responsible for what happens in your account.
• Whoever sets up an organization must really represent it (the school, team, station, booster club or event) or be authorized by it. Before an organization's first payout, we check that.

What Live Reads does, and doesn't do

Live Reads is software. Organizations use it to plan, approve and schedule live reads; their announcers read them on the air; Live Reads records when each read was marked as read and can share that proof. Live Reads isn't a broadcaster or an advertising agency, doesn't control what airs, and isn't a party to the agreements between an organization and its sponsors.

Some features are described on livereads.com before they're available and are marked as coming. We may add, change or remove features. If we stop offering something an organization has paid for, we'll refund the unused part.

If you run an organization

• You decide what is read on your air and you approve it. You're responsible for your reads and your broadcast, including having the rights to broadcast, and following the laws and rules that apply to you, such as sponsorship identification rules for licensed stations and your school's, league's or conference's rules.
• Your existing sponsorship agreements and exclusivity are yours to honor. You choose which kinds of reads you offer and to whom.
• Proof is only as accurate as the marks your announcers make. Mark a read when it airs, and don't mark one that didn't.
• Using Live Reads to manage your reads is free unless your written agreement says otherwise. When you sell reads or shoutouts, you set your own prices, you receive them in full through your own Stripe account, and Stripe's terms apply to payouts. We may hold a payout while we verify your organization or look into a dispute or suspected fraud.

Buying reads and shoutouts

• The organization sets the price. Live Reads adds a service fee, shown before you pay.
• When you order, the full amount is held on your card, not charged. For an event more than a week away, your card is saved and the hold is placed a few days before it.
• The organization may decline any read, for any reason. Then the hold is released and you aren't charged.
• You're charged after the event, and only if your read was marked as read on air. If it wasn't, the hold is released and you pay nothing, service fee included.
• Once a read has aired, it can't be canceled. If it wasn't read the way you ordered it, we refund it in full as our refunds page describes; other refunds are up to us, except where the law requires. Live Reads and the organization don't promise any audience size, response or result.
• Timing during an event is the announcer's call. The moment shown before you buy is the plan, not a guarantee.
• A moment read, such as a read after a touchdown, is read only if the moment happens. Bought for up to a number of times, it's charged for each time it's read, up to that number.
• If you buy a read for a business, the organization may tighten the words, or write them if you ask it to. Before it airs we send you exactly what will be read, and you can ask for one change or cancel. If you do neither, those words are read.
• You're responsible for what a read you buy says about your business, such as prices, offers and claims, and for having the right to use any names or marks in it.
• Anyone in your business's Live Reads account can buy reads for it, cancel them before they air and answer about their words.

What can't be read or posted

Don't submit, schedule or post anything that:

• is illegal, or promotes something illegal;
• is hateful, harassing, threatening, sexual or violent;
• shares someone's private information, or names a person in a way they wouldn't agree to;
• pretends to be someone you're not, or misleads listeners about who is paying for a read;
• infringes someone else's rights, such as their trademark or copyright; or
• breaks the organization's own rules.

Organizations and Live Reads may refuse or remove anything that breaks these rules, and may close accounts that keep doing so.

Proof of airing

A read's time is when an announcer's device marked it as read, corrected to our server's clock. It isn't an independent recording of the broadcast. Where an organization takes clips, a clip is the audio we received for that read; clips are best effort and may be missing. Proof links can be opened by anyone who has them, so share them with care.

Your content

What you put into Live Reads (reads, schedules, logos, clips) stays yours. You give us permission to store, process, display and share it as needed to run Live Reads for you, for example showing a read to an announcer, putting it on a proof page, or showing an organization's schedule on its Live page. This permission ends when the content is deleted, except for copies in proof and receipts others rely on, and in backups for a short time.

If you send us feedback or ideas, we may use them without owing you anything.

Using Live Reads fairly

Don't misuse Live Reads. That means don't:

• try to get into accounts, organizations or data that aren't yours, or test our security without our written permission;
• copy data out of Live Reads with automated tools, or overload it;
• copy, resell or reverse engineer Live Reads, except as the law allows; or
• use Live Reads to send spam or to break any law.

Closing an account

You can delete your account at any time, as our privacy policy describes. We may suspend or close an account that breaks these terms or puts others at risk; where we reasonably can, we'll tell you first and give you a chance to fix it. Payments owed, refunds and the sections on disclaimers, liability and disputes survive when an account closes.

Disclaimers

Live Reads is provided "as is" and "as available". We work hard to keep it running, including offline in the booth, but we don't promise it will always be available or free of errors. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

Limits on liability

To the extent the law allows, Live Reads isn't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sponsorships or data, even if we were told they were possible. Our total liability for any claim about Live Reads is limited to the greater of the amount you paid Live Reads (service fees and license fees, not the organization's own prices) in the 12 months before the claim, or $100.

You agree to cover Live Reads for claims, losses and costs (including reasonable legal fees) that come from your content, your broadcast, or your breaking these terms or the law.

Disputes

Let's try to sort out any problem informally first: email support@livereads.com and we'll work on it with you for at least 30 days. These terms are governed by the laws of the State of Washington and the United States, without regard to conflict-of-law rules. Any dispute that isn't settled goes to the state or federal courts located in Washington, and you and we agree to their jurisdiction. Either of us may use small claims court instead where it qualifies.

If you got the app from Apple

These terms are between you and Live Reads, not Apple. Apple isn't responsible for the app or its content, has no duty to provide support or maintenance for it, and isn't responsible for any claims about it (including product liability, legal compliance or intellectual property claims). If the app fails to meet a warranty that applies, you may tell Apple and Apple will refund the app's price, if any; Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm you're not in a country under a U.S. government embargo and not on a U.S. government list of prohibited or restricted parties.

Changes to these terms

When we change these terms we'll update the date at the top. If a change matters, we'll tell you by email or in Live Reads at least 14 days before it takes effect. Using Live Reads after that means you accept the new terms; if you don't, you can close your account.

Contact

Ernst Media LLC, Washington, USA. Email support@livereads.com.