Terms of Service
Effective as of: December 27, 2010
Welcome to Ustream!
These Terms of Service apply to those that view, browse or deliver content on our website, www.ustream.tv, by accessing such website from within Japan; provided, however, these Terms of Service do not apply to those that access our website from a mobile device within Japan. In the event you access our website, www.ustream.tv, through the Ustream Application on a mobile device, Ustream, Inc.'s Terms of Service, apply and these Terms of Service will not apply.
Ustream Asia Inc. is a joint venture partner of Ustream, Inc. In principle, Usteam Asia Inc. provides service for users located within Japan, and Ustream, Inc. provides service for users located all over the world outside Japan.
Ustream Asia Inc. ("Ustream-Asia," "we" or "us") provides content streaming and social networking services that enable the sharing of live and recorded video and audio content and chat on the Internet and via computers by users of Ustream-Asia through use of Ustream-Asia’s proprietary video player platform (any and all of the foregoing (the "Services") and our website accessible at www.ustream.tv and any other websites owned or controlled by Ustream-Asia (the "Site"). The Services include Ustream-Asia’s proprietary embeddable video players (each a “Ustream-Asia Player”), the Ustream-Asia channels, our software applications and related technology (including any updates, new versions or new releases thereof) including, but not limited to, our Viewer, Broadcaster and Recorder Applications (each a “Ustream Application”), and any other products and services offered by Ustream-Asia via the Site and Services.
Certain areas of the Site and Services (and your access to or use of Content (defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE,SERVICES OR CONTENT. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service 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.
In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a Ustream-Asia account and become a "Member". To become a Member you must be at least 13 years of age and only Members that are at least 18 years of age may purchase access to Premium Content (defined below) as further described in Section 6. If you are not a Member you may browse all areas of the Site or use the parts of the Services that are not limited to Members only.
When you register, you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify Ustream-Asia of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. Without limiting any other terms of this Terms of Service, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Ustream-Asia reserves the right to require you to change your username for any reason and may do so at anytime.
Ustream-Asia reserves the right, at its sole discretion, to modify, discontinue or terminate the Site and Services, or to modify these Terms of Service, at any time and without advance notice. If we modify these Terms of Service, we will post the modification on the Site or within the Services or provide you with notice of the modification. We will also update the “Last Updated Date” in these Terms of Service. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Ustream-Asia account. By continuing to access or use the Site and Services after Ustream-Asia makes any such revision, you agree to be bound by the revised Terms of Service.
3. Termination and Ustream-Asia Account Cancellation.
a. Without limiting other remedies, Ustream-Asia may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. In addition, Ustream-Asia may notify authorities or take any actions it deems appropriate, without notice to you, if Ustream-Asia 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 Terms of Service or any policies or rules established by Ustream-Asia; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Ustream-Asia Users, Ustream-Asia or any other third parties or the Site or Services.
b. You may terminate your Ustream-Asia account at any time and for any reason by selecting "Close Account" in your account preferences. Upon any termination by a Member, the related account will no longer be accessible.
c. After any termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Ustream-Asia is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Ustream-Asia will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
d. Any suspension, termination or cancellation will not affect your obligations to Ustream-Asia under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
4. Copyrighted Materials: No Unauthorized Use.
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Ustream-Asia has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Ustream-Asia Copyright Policy for further information.
5. Intellectual Property Rights and Ownership.
a. Definitions. Certain types of content are made available through the Site. "Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available by Ustream-Asia through the Site and Services, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members or our other third party licensors stream, post, upload and otherwise submit to the Site and Services, including without limitation in broadcast chats, discussion groups, message boards and Member created profile pages. Ustream-Asia reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice. We will fully cooperate with any law enforcement authorities or court order/decision requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials that are believed to violate these Terms of Service.
b. Content. Subject to your compliance with these Terms of Service, you may access and use the Site, Services, Content and User Submissions for your own personal non-commercial use. Any commercial use of the Site, Services, Content or User Submission requires Ustream-Asia prior written approval (e.g., pursuant to additional or separate terms and conditions provided by Ustream-Asia). You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions (other than your User Submissions). Notwithstanding you may distribute certain Content or User Submissions, solely where Ustream-Asia makes the means for distribution of such Content or User Submissions possible via a Ustream-Asia Player. Ustream-Asia and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Content and the trademarks, service marks and logos contained therein other than your User Submissions.
c. User Submissions.
i. License Grant. Ustream-Asia does not claim ownership rights in your User Submissions. However, by uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Ustream-Asia on the Site or to the Services, you hereby grant Ustream-Asia a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium, device or technology now known or later developed, including without limitation on the Site and third party websites and platforms where the Services are syndicated. For example, Ustream-Asia will have the right to insert, place or include all types of advertisements within or around your User Submissions, including without limitation to running or streaming pre-rolls, mid-rolls, post-rolls, overlays, banners, campaign and companion ads and any other type of advertising units in connection with your User Submission. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Ustream-Asia. You agree to execute and deliver such documents and provide all assistance including not exercising reasonably requested by Ustream-Asia to give to Ustream-Asia the full benefit of the rights granted to Ustream-Asia by you.
ii. Limitations. You acknowledge and agree that Ustream-Asia may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on Ustream-Asia's servers. Ustream-Asia will have no responsibility or liability for and you are solely responsible for creating back-ups of yourUser Submissions.
iii. Disclaimer. Ustream-Asia has no ability to control the User Submissions that are uploaded, posted or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. Ustream-Asia does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or rights or remedies you have or may have against Ustream-Asia with respect thereto. Ustream-Asia will have no responsibility or liability to you or any third party as a result of your lifecasting activities and you are solely responsible for any lifecasting you do in connection with or via the Site or Services.
Access to Certain Content: Fees and Billing.
a. Fees. Access to certain premium content (the “Premium Content”) may require a subscription or access fee. Members may be able to access Premium Content by (i) paying a monthly subscription fee to access certain Premium Content for the applicable time period (“Subscription Fee”); or (ii) paying a one time fee to access certain Premium Content at a designated time (“PayPerView Fee”). All fees are non-refundable and non-transferable except as expressly provided in these Terms of Service. Transactions you complete through the Site and Services may include sales tax based on the bill-to address and the applicable sales tax rate in effect at the time and location 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 access to any Premium Content. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).
b. Payment. You agree to pay Ustream-Asia for all charges at the prices then in effect for any access to or use of the Premium Content by you or other persons (including your agents) using your Ustream-Asia account, and you hereby authorize Ustream-Asia to collect fees by charging the credit card you provide to us as part of your Ustream-Asia account information or otherwise, either directly or indirectly via a third party online payment service.
Ustream-Asia Application License.
(This provision is not applicable to the services provided by Usteam-Asia to those that access the website from within Japan. Further, Ustream, Inc., not Ustream-Asia, provides the access service for mobile device users, including those accessing from within Japan through the Ustream Application. Please see Usteam, Inc's Terms of Service for details.)
Interactions between Ustream-Asia Users.
You are solely responsible for your interactions (including any disputes) with other Ustream-Asia Users. You understand that Ustream-Asia does not in any way screen Ustream-Asia Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Ustream-Asia Users. You agree to take reasonable precautions in all interactions with other Ustream-Asia Users, particularly if you decide to meet a Ustream-Asia User offline, or in person. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion and Ustream-Asia hereby disclaims any and all liability to you or any third party relating thereto. Ustream-Asia reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with Ustream-Asia to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Ustream-Asia representatives access to any password-protected portions of your Ustream-Asia account.
Without limiting the terms of Section 5(c)(iii), Ustream-Asia may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms of Service or as otherwise technically necessary.
Obligations for Ustream-Asia Users.
a. General Prohibitions. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, national and foreign laws, ordinances, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
i. Circumvent, disable or otherwise interfere with security related features of the Site or Services or features that prevent or restrict use or copying of any Content;
ii. Modify, obscure or interfere with any portion or functionality of a Ustream-Asia Player, including but not limited to links back to the Site or Services.
iii. Upload, stream, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
iv. Use any meta tags or other hidden text or metadata utilizing a Ustream-Asia name, trademark, URL or product name;
v. Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
vi. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
vii. Upload, stream, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Ustream-Asia;
viii. Upload, stream, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
ix. Upload, stream, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
x. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Site or Services, servers or networks connected to the Site or Services or the technical delivery systems of Ustream-Asia's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
xi. Attempt to probe, scan or test the vulnerability of any Ustream-Asia system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services (including any Content or User Submissions available in a Ustream-Asia Player);
xii. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
xiii. Attempt to access, search or meta-search the Site or Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Ustream-Asia or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site or Services to determine how a website or web page ranks.
xiv. Collect or store personal data about other users without their express permission;
xv. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
xvi. Use the Site or Services in any manner not permitted by these Terms of Service;
xvii. Encourage or instruct any other individual to do any of the items of this Article or to violate any term of these Terms of Service;
xviii. Upload, stream, email or otherwise transmit any User Submissions that violate the Public Offices Election Act in Japan;
xix. Use the Site or Services in a manner which could be considered to be a lottery, barter, auction;
xx. Use the Site or Services in a manner which could be considered to be a disturbance or modification of a Ustream-Asia-provided advertisement or the function thereof;
xxi. Upload, stream, email or otherwise transmit any User Submissions that solicit for "pyramid schemes";
xxii. Upload, stream, email or otherwise transmit any User Submissions that constitute, aid, or otherwise in any way assist or allow any criminal or illegal acts such as fraud, illicit the trade of obscene materials, trading or dealing of drugs, gambling and/or the illegal obtain of a trade secret and disclosure thereof; or
xxiii. Use the Site or Services for the purpose of finding and meeting etc. persons of the opposite sex.
b. Obligations to Third Parties. If you have obligations to any third party, as a non limiting example, such as under the terms, conditions or policies of a SNS, you and not Ustream-Asia are responsible for your compliance with those obligations. By allowing you to use the Site and Services, Ustream-Asia does not suggest, warrant or guaranty that your access to any third party service in connection with your use of the Site or Services is permitted by that third party service, nor does Ustream-Asia suggest, warrant or guaranty that your use complies with any laws or regulations that may apply to your use of any third party service. Ustream-Asia is not liable for your failure to comply with any applicable local, national and foreign laws, ordinances, treaties and regulations or any contracts, rules, policies or procedures applicable to your activities while you use the Site and Services or third party service.
10. Sweepstakes and Contests.
Ustream-Asia may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site or Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site or Services, as they may contain additional important information about Ustream-Asia's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
11. Disclaimer of Warranties.
Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. USTREAM-ASIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, 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-Asia disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site or Services; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Ustream-Asia, will create any warranty not expressly stated in these Terms of Service. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
12. Limitation of Liability.
IN NO EVENT WILL USTREAM-ASIA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT USTREAM-ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL USTREAM-ASIA'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
You agree to defend, indemnify, and hold Ustream-Asia, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
14. Third Party Links.
The Site and Services may provide links to third party websites or resources from the Site or Services. You acknowledge and agree that Ustream-Asia is not responsible or liable for the availability or accuracy of, and Ustream-Asia does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
15. Feedback and Independent Development.
Your feedback is welcome and encouraged. You may submit feedback by emailing us at email@example.com or via other portions of the Site. You agree, however, that: if you elect to provide suggestions, ideas, proposals, concepts or other feedback to us (whether written, verbal or in any other format or manner) in connection with these Terms of Service or use of our Site or Services (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You acknowledge and agree that all Feedback will be the sole and exclusive property of Ustream-Asia. You hereby irrevocably transfer and assign to Ustream-Asia and agree to irrevocably transfer and assign to Ustream-Asia all of your right, title, and interest in and to all Feedback, including all Intellectual Property Rights therein. At Ustream-Asia’s request and expense, you will execute documents and take such further acts as Ustream-Asia may reasonably request to assist Ustream-Asia to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that Ustream-Asia is engaged in creating and developing its own programs, plans and projects so it is possible that we are already independently developing products, services, plans and projects that are quite similar and/or competitive with your Feedback (including the concepts contemplated by or embodied therein). Nothing in these Terms of Service will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products, concepts, systems or techniques that are similar to and/or compete with the applications, services, products, concepts, systems or techniques contemplated by or embodied in any Feedback or compensate you or provide you with any input or response with regard to your Feedback.
a. No Assignment. You will not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Ustream-Asia. Any purported assignment or delegation by you without the appropriate prior written consent of Ustream-Asia will be null and void. Ustream-Asia may assign these Terms of Service or any rights hereunder without your consent.
b. Relationship of the Parties. For purposes of these Terms of Service, including if you become a Member and create an account, you are not an employee or agent of Ustream-Asia, and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms of Service, including without limitation any expenses associated with the implementation of these Terms of Service.
c. Severability and Waiver. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Ustream-Asia to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
d. Force Majeure. Ustream-Asia will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Ustream-Asia infrastructure or connectivity to the Internet, or failure at Ustream-Asia co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Ustream-Asia will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
e. Governing Law. These Terms of Service and the relationship between you and Ustream-Asia will be governed by the laws of Japan without regard to its conflict of law provisions. You and Ustream-Asia agree (i) to designate the Tokyo District Court in Tokyo, Japan as the court of first instance, and agree (ii) that such court shall have exclusive jurisdiction over any dispute or action between you and Ustream-Asia.
f. Entire Agreement. These Terms of Service are the entire and exclusive agreement between Ustream-Asia and you regarding the Site, Content, and Services and supersede and replace any prior agreements between Ustream-Asia and you regarding the Site and Services.
g. Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by Ustream-Asia via email (in each case to the address that you provide), (b) a posting on the Site or (c) by you via email to firstname.lastname@example.org or to such other addresses as Ustream-Asia may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
h. Questions. If you have questions about these Terms of Service of your use of the Site and Services, please contact Ustream-Asia at email@example.com.