Ustream Premium Terms and Conditions
Last Updated: June 24, 2011
Please read the following Ustream Premium Terms and Conditions ("Premium Terms") carefully. These Premium Terms and the Ustream Master Terms of Service located at http://www.ustream.tv/terms ("Master TOS"), which are incorporated herein by reference and form part of these Premium Terms, govern your purchase of the Premium Services (defined below) and use of the Site and Services in connection therewith or otherwise. Capitalized terms not defined herein have the meanings given in the Master TOS. These Premium Terms apply to you subscribing or purchasing the Premium Services. These Premium Terms include our refund policy in Section 4(d). In the event of a conflict between the Premium Terms and Master TOS, the Premium Terms shall govern.
PLEASE NOTE THAT THIS LEGAL AGREEMENT SET OUT BELOW GOVERNS YOUR USE OF THE PREMIUM SERVICE AND SITE. TO AGREE TO THESE TERMS, CLICK "I AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE," AND DO NOT USE THE PREMIUM SERVICE. IF YOU AGREE TO THESE PREMIUM TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE PREMIUM TERMS AND/OR MASTER TOS, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
1. Eligibility and Registration.
a. In order to access the full range of features of the Site and Premium Services, you will be required to create an Ustream account ("Master Account"), then you will be able to add the Premium Service onto your existing Master Account and become a premium customer ("Premium Customer"). To become a Premium Customer you must be at least 18 years of age.
b. When you register with Ustream and set up your Premium Service account, you agree to provide Ustream with accurate and complete information. You agree to promptly update your Premium Service account information with any new information that may affect the operation of your Premium Service account. You authorize Ustream, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Premium Service account information.
d. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Premium Service account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Premium Service account, whether or not you have authorized such activities or actions. You agree to immediately notify Ustream of any unauthorized use of your username, password or Premium Service account.
2. Premium Service:
a. By subscribing to the Premium Services, you will receive the following:
- (i) Advertising-Free Viewing: The Ustream proprietary embeddable video player ("Ustream Player") will not include any in-stream advertising units (as inserted by Ustream) in the form of pre-rolls, mid-rolls, post-rolls, overlays, lower 1/3 banners being placed, inserted and/or streamed within the Ustream Player ("Advertising"). The Premium Service is the ability for you, as a Premium Customer, to view, play, and watch Ustream content and programs without any advertising either prior to, during or any time within the broadcast and stream of the Content.
- (ii) Master Account: You must be logged into your Master Account in order to have access to the Premium Services, while streaming and viewing content on the Site. The Premium Service will not work unless you have a Master Account, and you must remain logged into your Master Account, while streaming and viewing the Content.
- (iii) Advertising-Free Site: Some banners placed and displayed at the top, bottom and anywhere outside of the Ustream Player ("Banners") throughout the Site and its channel pages will be removed, provided however that Ustream may replace these Banners with Ustream house ads ("House Ads"). "House Ads" mean Banners that advertise and promote Ustream, Ustream products, services and cross promotion of upcoming events and programs on the Site.
- (iv) Premium Social Stream Experience: Your social stream experience on the Site will be upgraded and enhanced by: (A) the text of your chats or comments being bolded; (B) you will receive an icon or badge next to your screen name in the social stream; (C) a Premium Customer watermark within the social stream; and other characters and additions that Ustream may offer from time to time.
- (v) Premium Icon: You will also receive a special icon that will identify you as a Premium Customer, which will be placed, inserted and displayed on your user page on the Site. In the future, Ustream may offer additional icons in other locations throughout the site.
- (vi) Additional Services and Features: From time to time, Ustream may offer additional services and features to the Premium Services, which will be subject to the Premium Terms.
b. Exclusions: While the Premium Service will apply to most of the Site and Content, there are some Services and Content on the Site that are excluded from the Premium Services. Such exclusions will include the following:
- (i) Premium Content: There may exist some premium content that will include advertising, sponsorship and related banners in the Ustream Player and throughout the channel ("Premium Content Advertising"). This premium content may include: (i) events that are Pay-Per-View, Pay-Per-Minute, Video-On-Demand, subscription and other paid access to view; (ii) sports events, concerts, other special events, programs and content produced by Ustream\'s premium content producers; and (iii) breaking news and other news related content and programs. In such premium content, you will see Premium Content Advertising units, which will be excluded from the Premium Services.
- (ii) Broadcasting: The Premium Service does not apply to your broadcasts and streams on the Site. The Premium Service only relates to you viewing and watching certain Content on the Site, subject to Section 2b(i) above. If you wish to remove Advertising from your broadcasts on the Site, you should refer to Ustream\'s Ad-Free services.
- (iii) Embedded Advertising: Some Content may include Advertising that will be embedded in the broadcasts and streams of the Content. Such Advertising is not within Ustream\'s control and will not be removed, and such Content will be excluded from the Premium Service.
- (iv) Offsite: The Premium Service will not operate and extend to web pages located outside of the Site. The Premium Service will only operate on the Site.
- (v) Other Content: Any other content, programs, broadcasts and channels that Ustream may deem as premium content from time to time.
3. Fees and Billing:
a. Fees: The Premium Service will be $3.99 per month ("Premium Fee"). The Premium Service can be purchased via a valid U.S. bank credit card, which you will provide at the time of the registration for the Premium Service. Billing occurs at the time you subscribe for the Premium Service or shortly thereafter.
- (i) The Premium Fee will be billed to you monthly after your registration of the Premium Service and for every month thereafter on a continuous monthly basis until you cancel the Premium Services. By way of example, if you registered on the 15th of the month, you would be billed again on the 15th of the following month.
- (ii) All Premium Fees are non-refundable. You agree to pay Ustream for all charges at the prices then in effect for use of the Premium Services by you or other persons (including your agents) using your Premium Service account, and you hereby authorize Ustream to collect fees by charging the credit card you provide to us as part of your Premium Service account information or otherwise, either directly or indirectly.
- (iii) The Premium Fees may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the Premium Services.
4. Termination or Suspension of the Site or Premium Services & Modification of these Premium Terms:
a. Ustream reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Premium Services or to modify or terminate these Premium Terms without advance notice. Modifications to these Premium Terms, Master TOS or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Premium Terms. If any modification is not acceptable to you, your only recourse is to cease using the Site and Premium Services. By continuing to use the Site or Premium Services after Ustream has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
b. Without limiting other remedies, Ustream may at any time suspend or terminate your Premium Service account and refuse to provide access to the Site or Premium Service. The Site, Premium Services and access to a Premium Service account are not available to temporarily or indefinitely suspended subscribers. In addition, Ustream may notify authorities or take any actions it deems appropriate, without notice to you, if Ustream suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Premium Terms or any policies or rules established by Ustream; or (ii) engaged in actions relating to or in the course of using the Site or Premium Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, subscribers, Ustream or any other third parties or the Site or Premium Services.
c. You may terminate your Premium Service account at any time and for any reason, and you will still have access to your Master Account after you terminate your Premium Service. In the event you terminate your Premium Service account in the middle of the billing cycle, Ustream will not refund a prorated or partial payment of the Premium Fee, and you will continue to receive the Premium Services until the end of your billing cycle, where the Premium Service shall terminate at such time. Your Master Account will revert back to its benefits and settings until you terminate your Master Account. By terminating your Premium Service account, Ustream will cease from billing the Premium Fee in the next billing cycle. If you have an outstanding account balance at the time of cancellation, Ustream reserves the right to continue billing until this account balance has been paid.
d. If a Premium Service is cancelled, postponed, interrupted, significantly changed, and/or contains a failure or error as determined by Ustream in its sole discretion, a refund (full or partial) for the Premium Service may be issued to you from Ustream. Unless otherwise stated, the refund will be issued to such purchaser via the payment method through which the purchase was initially completed. You may receive additional information by contacting us at http://www.ustream.tv/support-ticket
e. Ustream will not be liable to you or any third party for termination of the Site or Premium Service or termination of your use of either. Any suspension, termination or cancellation will not affect your obligations to Ustream under the Master TOS (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Without limiting the terms of the Master TOS, Ustream does not have any obligation to monitor any content on the Site, for any purpose and is not responsible for the accuracy, completeness, appropriateness or legality of such content or anything said, depicted or written by a Broadcaster during or in connection with the Content. Further, the views and opinions expressed by the Broadcaster or any other contributors to the Content are those of the Broadcaster and any other contributor and do not necessarily reflect the views or opinions of Ustream. The provision of access to or viewing of the Content is not an endorsement of the content and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ustream with respect thereto.
YOUR PURCHASE OF A PREMIUM SERVICE AND YOUR ACCESS TO AND VIEWING OF THE PROGRAM (INCLUDING ANY CONTENT THEREIN) IS AT YOUR SOLE DISCRETION AND RISK. ACCESS TO THE CONTENT, THE SITE AND SERVICES AND ALL CONTENT OR INFORMATION INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. USTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE CONTENT, THE SITE, PREMIUM SERVICES AND ALL CONTENT OR INFORMATION INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. USTREAM DISCLAIMS ANY WARRANTIES: (I) REGARDING THE ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PROGRAM; OR (II) THAT THE PROGRAM AND YOUR ACCESS THERETO WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USTREAM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE PURCHASE TERMS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.