Legal
Last Updated: January 1, 2025
Please read these Terms of Use carefully before using the services provided by SMC Media Technologies, INC ("Company," "we," "us," or "our"). By accessing or using our website, platforms, or services, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not use our services.
These Terms of Use ("Terms") govern your access to and use of SMC Media Technologies, INC's website at smcmediatech.com, the LiveCDNControl platform at control.livecdn.io, and all related streaming, encoding, transcoding, cloud playout, and broadcast infrastructure services (collectively, the "Services").
By creating an account, submitting a contact form, or otherwise using our Services, you represent that you are at least 18 years old, have the legal capacity to enter into these Terms, and that you agree to be bound by them on behalf of yourself or the organization you represent.
SMC Media Technologies, INC provides managed broadcast and streaming infrastructure services including but not limited to:
The specific services provided to you will be defined in a separate Service Agreement or Statement of Work executed between you and SMC Media Technologies, INC.
To access certain Services, you must register for an account. You agree to:
Our platform uses SMS-based OTP authentication. By registering, you consent to receive SMS messages for account verification at the phone number you provide. Standard carrier messaging rates may apply.
You agree to use our Services only for lawful purposes and in a manner that does not infringe the rights of others. You must not use our Services to:
⚠ Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund, and may expose you to legal liability.
Your Content: You retain ownership of all content you broadcast, upload, or transmit through our Services ("Your Content"). You grant SMC Media Technologies, INC a limited, non-exclusive license to process and transmit Your Content solely as necessary to provide the Services.
You represent and warrant that: (a) you own or have the necessary licenses and rights to Your Content; (b) Your Content does not violate any third-party rights; and (c) you have obtained all necessary licenses for any music, footage, or other copyrighted materials included in your broadcasts.
Our Intellectual Property: All software, technology, platform interfaces, documentation, and materials created by SMC Media Technologies, INC remain our exclusive property. You may not copy, modify, distribute, or create derivative works from our proprietary technology without our written consent.
When you use our Social Media Integration services to broadcast to Facebook, YouTube, Instagram, or other platforms, you acknowledge that:
SMC Media Technologies, INC strives to provide reliable, continuous Services. Any uptime guarantees, service level agreements (SLAs), or support response times applicable to your engagement will be specified in your separate Service Agreement.
Basic Support: SMC Media Technologies, INC provides basic support for all active services at no additional charge.
Scheduled Maintenance: We will provide at least 24 hours' advance notice for any planned downtime or maintenance windows.
Force Majeure: SMC Media Technologies, INC is not responsible for service unavailability caused by circumstances beyond its reasonable control, including but not limited to acts of nature, government actions, floods, fires, earthquakes, civil unrest, acts of terror, strikes, internet service provider failures, or denial of service attacks.
Fees for our Services are set forth in your individual Service Agreement or Statement of Work. Unless otherwise agreed in writing:
You may cancel the Service at any time by providing written notice at least 15 days before the desired cancellation date. The Service shall remain active until the end of the current billing cycle following receipt of the cancellation notice. You are responsible for all fees until the effective cancellation date.
You acknowledge that you are responsible for securing, paying for, and maintaining connectivity to the streaming services, including all related hardware, software, third-party services, and associated equipment.
Both parties agree to maintain the confidentiality of any proprietary information, technical configurations, stream keys, API credentials, or business information disclosed during the course of our engagement. This obligation survives the termination of our service relationship for a period of three (3) years.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, SMC Media Technologies, INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.
Our total liability to you for any claims arising under these Terms shall not exceed the fees paid by you to SMC Media Technologies, INC in the three (3) months preceding the claim.
You agree to indemnify, defend, and hold harmless SMC Media Technologies, INC and its officers, employees, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
Either party may terminate the service relationship in accordance with the terms of your Service Agreement. SMC Media Technologies, INC reserves the right to suspend or terminate your access to the Services immediately, without notice, in cases of material breach of these Terms, illegal use, or where continued use poses a risk to our infrastructure or other customers.
Upon termination, your right to access the Services ceases immediately. We will handle any data retention or deletion in accordance with our Privacy Policy.
These Terms are governed by and construed in accordance with applicable law. Any dispute arising from these Terms or your use of our Services shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with applicable commercial arbitration rules.
We reserve the right to modify these Terms at any time. We will post the updated Terms on this page with a revised "Last Updated" date. Material changes will be communicated to active clients via email. Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms.
For questions about these Terms of Use, please contact us: