Ustream Pro Broadcasting Terms of Service
Last Updated: 20/6/2013
Ustream Pro Broadcasting Terms of Service
Ustream, Inc. (“Ustream,” “we” or “us”) is offering a professional broadcasting subscription service that provides professional features for delivery of live streaming video content, video storage, an advertising-free viewing experience and various features from time-to-time on the Site (collectively referred to as “Pro Broadcasting Service”).
PLEASE NOTE THAT THIS LEGAL AGREEMENT SET OUT BELOW GOVERNS YOUR USE OF THE PRO BROADCASTING 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 PRO BROADCASTING SERVICE. 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.
a. In order to access the full range of features of the Site and Pro Broadcasting Service, you will be required to create a Pro Broadcasting Service account and become a “Pro Broadcaster”. To become a Pro Broadcaster, you must be at least 18 years of age.
b. When you register with Ustream and set up your Pro Broadcasting Service account, you agree to provide Ustream with accurate and complete information. You agree to promptly update your Pro Broadcasting Service account information with any new information that may affect the operation of your Pro Broadcasting Service account. You authorize Ustream, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Pro Broadcasting Service account information.
d. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Pro Broadcasting 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 Pro Broadcasting 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 Pro Broadcasting Service account.
2. Plans, Fees & Billing:
a. Plans & Fees:
(i). The Pro Broadcasting Service will provide you with the opportunity to broadcast, view and customize your experience on the Site. The Pro Broadcasting Service comes in a variety of plans and prices, and you can review all the plans and prices on www.ustream.tv/platform/plans (“PB Plans”) to determine which plan is best for you.
(ii). Not all of the features and functionalities of the Pro Broadcasting Service may be available in each plan. Ustream reserves the right to change, suspend or discontinue part or all of any Pro Broadcasting Service at any time, for any reason, without notice and without explanation. Any changes to the plans will take immediate effect (unless otherwise communicated), and any changes to the billing will be reflected in your next billing cycle.
b. Billing cycle:
(i) Each plan has a defined billing cycle, and this billing cycle may be monthly, quarterly, annually or some other period of time as defined by the plan you have chosen. See the PB Plans for each billing cycle and applicable details.
c. Recurring Base Fee & Viewer Hour Fees:
(i) Base Fee: The first payment of your selected PB Plan will be due and paid to Ustream in full at the commencement or enrollment of the selected PB Plan, and the monthly, quarterly or annually billing date will be the date that you initially subscribe to the PB Plan. You will be charged on such date for every month, quarter or year thereafter. All base fees are recurring (until terminated) and charged to you regardless whether or not you use the service and account. The base fee establishes the basic access to your account and allows for ongoing storage and maintenance costs. Even if you do not use the service during a given billing cycle, you will still be charged the base fee for such period.
(ii) Viewer Hour Fees & Other Overages: Each Pro Broadcasting plan has a specific limit of usage as defined in the PB Plan. Any viewer hour fees or overages will be charged and billed to you according to the overage pricing as described on the PB Plan. Viewer hour and overage fees will be charged at the end of the current billing cycle on the same date of the next billing cycle for the base fee. You are fully responsible for paying all overage fees, even if your current payment method does not support the full amount of overages. If you do not exceed your plan limits, you will not incur any viewer hour fees or overage fees.
(i) PRO BROADCASTING SERVICE FEES ARE NON-REFUNDABLE. YOU AGREE TO PAY USTREAM FOR ALL CHARGES AT THE PRICES THEN IN EFFECT FOR USE OF THE PRO BROADCASTING SERVICE BY YOU OR OTHER PERSONS (INCLUDING YOUR AGENTS) USING YOUR PRO BROADCASTING SERVICE ACCOUNT.
While the Pro Broadcasting Service will apply to most of the Site and Content, there are some Services and Content on the Site that are excluded from the Pro Broadcasting Service. Such exclusions will include the following:
a. Premium Content: As a viewer, 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 Pro Broadcasting Service.
b. Embedded Advertising: Some Content may include advertisements that will be embedded in the broadcasts and streams of the Content. Such advertisements is not within Ustream’s control and will not be removed, and such Content will be excluded from the Pro Broadcasting Service.
c. Various Devices and Platforms: There maybe certain products and devices that integrate the Ustream Player or widget that will not be included in the Pro Broadcasting Service, or certain features of the Pro Broadcasting Service may not be available for such products and devices.
d. Other Content: Any other content, programs, broadcasts and channels that Ustream may deem as premium content from time to time.
a. You may upgrade, downgrade or cancel your Pro Broadcasting Service plans at any time through your Ustream user Dashboard.
b. Upgrading: Upgrades will be applied retroactively to the beginning of the current billing cycle. Any usage in the current billing cycle will be charged under the new plan rates. This means you can choose to upgrade during the current billing cycle to avoid overages during the current billing cycle if you choose a plan that has high enough usage limits to cover the overages incurred. It will not cover any overages in past billing cycles. At the time you choose to upgrade, you will be charged the difference between your old plan rate and the new plan rate. Your billing date will remain the same as your original billing date.
c. Downgrading: Downgrades will not take effect until the commencement of the next monthly billing cycle following the downgrade initiated by you. Downgrading your service plan may cause loss of features or functionality. On your next billing date, you will be charged the new plan amount. You will not be refunded for any unused portion of the current billing cycle. Ustream will not be liable to you or any third party for any downgrading and Ustream will have no obligation to maintain any information stored in our data centers related to your account which may become inaccessible thereafter or to forward any information to you or any third party.
d. Cancellation: You may opt to cancel your Ustream Pro Broadcasting Service at any time. Cancellations will go into effect on your next billing date. You can continue to use the service through the remainder of your current billing month. If you exceed your usage limit during your current billing cycle, your account will automatically be converted to a free / basic Ustream account and advertisements will re-appear on the portion of your broadcast(s) that exceeds your usage limits.
5. Termination or Suspension of the Site or Pro Broadcasting Service & Modification of these Terms of Service.
a. Ustream reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Pro Broadcasting Service or to modify or terminate these PB Terms without advance notice. However, changes made to these PB Terms will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Ustream as of the date the changes take effect and (ii) Ustream has actual notice of the dispute as of the date the changes take effect. Modifications to these PB Terms or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these PB Terms. If any modification is not acceptable to you, your only recourse is to cease using the Site and Pro Broadcasting Service. By continuing to use the Site or Pro Broadcasting Service 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. Your use of the Pro Broadcasting Service and Site will be subject to the Acceptable Use Policy. Without limiting other remedies, Ustream may at any time suspend or terminate your Pro Broadcasting Service account and refuse to provide access to the Site or Pro Broadcasting Service. The Site, Pro Broadcasting Service and access to a Pro Broadcasting Service account are not available to temporarily or indefinitely suspended Pro Broadcasters. 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 PB 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 Pro Broadcasting Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Pro Broadcasters, Ustream or any other third parties or the Site or Pro Broadcasting Service.
c. You may terminate your Pro Broadcasting Service account at any time and for any reason. Ustream will not refund any unused Pro Broadcasting Service Fees. You will be responsible for any and all usage-based fees due at the time of the cancellation or termination.
d. Upon any termination, your account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Pro Broadcasting Service and all licenses and other rights granted to you by these PB Terms will immediately cease. Ustream will not be liable to you or any third party for termination of the Site or Pro Broadcasting Service or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR PRO BROADCASTING SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Ustream 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. Any suspension, termination or cancellation will not affect your obligations to Ustream under these PB Terms (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 Terms of Service, 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 you or any other user of the Services or Site during or in connection with the Content. Further, the views and opinions expressed by the you, any other user of the Services or Site or any other contributors to the Content are those of the person expressing such views 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 SUBSCRIPTION TO AND USE OF THE PRO BROADCASTING SERVICE AND YOUR ACCESS TO AND VIEWING OF THE SERVICES AND THE SITE (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, THE SERVICES, THE PRO BROADCASTING SERVICE 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 CONTENT, THE SITE, THE SERVICES, OR THE PRO BROADCASTING SERVICE; OR (II) THAT THE CONTENT, THE SITE, THE SERVICES, THE PRO BROADCASTING SERVICE 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.