1.2 Acceptance of Agreement.Streamkast provides the Services solely on the terms and conditions set forth in this Agreement and on the condition that you accept and comply with such terms and conditions.BY CLICKING THE AGREE BUTTON, installing, accessing, downloading and/or using the Software, YOU acknowledge AND AGREE that (1) You are of legal age to enter into a binding agreement, (2) you have read and understand this AGREEMENT, (3) You have unconditionally accepted AND ARE BOUND BY all terms of this AGREEMENT, (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICES AND RELATED SOFTWARE, AND IF YOU REPRESENT A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY, AND BIND THE ENTITY TO THE TERMS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, STREAMKAST WILL NOT AND DOES NOT LICENSE THE SERVICES TO YOU AND YOU MUST NOT ACCESS, DOWNLOAD, INSTALL OR OTHERWISE USE THE SERVICES.
We reserve the right, from time to time, with or without notice to you, to change this Agreement in our sole discretion. Such changes are effective immediately by posting the revised Agreement on the Streamkast website without any notification to you, unless the revised Agreement states otherwise. The most current version of the Agreement will supersede all previous versions. Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes made to the Agreement. You are expected to check the Agreement from time-to-time so you are aware of any changes, as they are binding on you. We also reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Services. Any description of how our Services work should not be considered a representation or obligation with respect to how the Services will always work.
3.1 Your License.Streamkast provides the Services solely on the terms and conditions set forth in this Agreement and on the condition that you accept and comply with such terms and conditions.BY CLICKING THE AGREE BUTTON, installing, accessing, downloading and/or using the Software, YOU acknowledge AND AGREE that (1) You are of legal age to enter into a binding agreement, (2) you have read and understand this AGREEMENT, (3) You have unconditionally accepted AND ARE BOUND BY all terms of this AGREEMENT, (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICES AND RELATED SOFTWARE, AND IF YOU REPRESENT A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY, AND BIND THE ENTITY TO THE TERMS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, STREAMKAST WILL NOT AND DOES NOT LICENSE THE SERVICES TO YOU AND YOU MUST NOT ACCESS, DOWNLOAD, INSTALL OR OTHERWISE USE THE SERVICES.
3.2 License Restrictions.As a condition of the limited license for the Services granted to you in this Agreement, except as and only to the extent expressly permitted in this Agreement or by applicable law which cannot be waived by this Agreement,YOU CANNOT AND WILL NOT:
3.3 Reservation of Rights.The Services contains material that is protected by copyright, trademark, and other applicable intellectual property laws and international treaties. The Services are licensed, not sold or given, to you by us for use only under the terms of this Agreement. You have no ownership rights in or to any part of the Services and may not modify, copy or use the Services in any manner without our express written authorization. We also reserve and retain all remaining rights and interests in the Services and all intellectual property therein or relating thereto, whether registrable or not, that is not expressly granted to you in this Agreement.
3.6 Availability and Reliability of the Services.Streamkast makes no representation regarding the availability of the Service, or the accuracy or reliability of any Service. Streamkast reserves the right in their sole and absolute discretion to change the Services from time to time, and your sole recourse is to cancel your subscription. The quality of the display of the streaming Services may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. You must be connected to the Internet at all times to access the Services. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience.
3.7 Devices.You acknowledge and agree that Compatible Devices to be used to access the Services are manufactured and sold by entities other than Streamkast. Compatible Devices may include, for example, a personal computer, smart phone, portable media player, gaming device, Blu-ray player, or other device that meets the system and compatibility requirements that we may establish from time to time. AS SUCH, WE DO NOT TAKE RESPONSIBILITY FOR OR OTHERWISE PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY COMPATIBLE DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICES. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a Device is (or remains) compatible with the Services may depend on software or systems provided or maintained by the Device manufacturer or other third parties. As a result, Devices that are compatible with our Services at one time may cease to be Compatible Devices in the future. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Services. Additionally, you agree that for various reasons, such as restrictions from content providers and other limitations from third parties, certain content that may be accessible through certain Compatible Devices may not be accessible through other devices, and that the content may appear differently on different devices.
4.1 Registration.We require registration to access many parts of the Services. To register, you will need to provide one or more of the following types of information: your name, contact information (such as phone number, email address, and the like), birthday, gender, profile picture and a current valid accepted payment method ("Payment Method"). You are subject to all terms and conditions of the Payment Method that you select. In addition, all registration information you submit must be accurate, complete, and updated regularly. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the Service only with the permission of a parent or guardian. You can also register to use the Services by logging into your account with your credentials from certain third party social networking sites (including, but not limited to, Facebook and Twitter). If you use third party social networking sites to register, you represent that you are entitled to disclose your social network account login information to us and/or grant us access to your social network account.
4.2 Unauthorized Use of Streamkast.Please keep the password that you create to access the Services confidential as they should be used only by you. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your password, or other security information. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Log out of your Streamkast account if you access the Services or your account information on a public or shared devices, or if you sell or return your device; failure to do so may give subsequent users your account information. Please notify us immediately by e-mail at: firstname.lastname@example.org as soon as you know of, or suspect any unauthorized use of, your Streamkast account. Please also make sure to keep your registration information (e.g., email address, phone number, and the like) updated in case we need to contact you. You can update any changes to your information by visiting the profile page after you log into your Streamkast account.
4.3 Purchases and Subscriptions.If you choose to register for the Services, you can find the specific details regarding your subscription with us at any time by visiting theprofile page. We may offer a number of subscription plans that may be different from yours, including subscriptions with different limitations and conditions or special promotional subscription plans. We may also offer one-time payment options for specific Services. Any materially different terms from those described in this Agreement will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes via e-mail or notice via login or another method. However, we may not always be able to notify you of changes in any applicable taxes.
4.4 Trial Offers.From time to time, we may provide you with limited free trials, free Services, and other special offers. Streamkast reserves the right in its absolute discretion to determine your free trial eligibility. Such free-trial offers may also be subject to additional terms and conditions provided to you during sign-up. You may not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. If you do not cancel prior to the end of the period, we will begin billing your Payment Method for monthly subscription fees starting at the end of the free trial period or promotion. We will continue to bill your Payment Method on a month-to month basis for your subscription fee until you cancel your subscription. Section 4.6 below ("Cancellation") explains how to cancel your subscription.
4.5 Billing.By starting your subscription, you are expressly authorizing us or our payment agents to charge you a subscription fee at the then-current rate, and any other service fees and other charges you may incur in connection with your use of the Services, including any applicable taxes, to the Payment Method. By registering for a subscription, you hereby grant us permission to automatically charge the subscription fee to your Payment Method at the beginning of each payment period. If you elect to pay an amount greater than the subscription fee, the amount in addition to your then-due subscription fee shall be recorded as a credit on your account and shall be applied to any balance due. The amount you are billed may vary depending upon your subscription plan, promotional offer, your plan changing, how you became and continue your subscription and/or taxes or fees that may be applicable to you, and in such case you authorize us to charge your Payment Method for such varying amounts. Click on the profile page to see details of your subscription plan. PAYMENTS ARE NON REFUNDABLE AFTER SUCH PAYMENT IS MADE AND THERE ARE NO REFUNDS FOR CANCELLING YOUR SUBSCRIPTION, ANY PARTIAL-MONTH SUBSCRIPTION PERIODS, OR FAILURE TO USE OR VIEW SERVICES DURING SUCH PERIOD. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, visit the [["Change Credit Card"]] page to update your billing information.
4.6 Cancellation.Your subscription will continue in effect on a month-to-month basis unless and until you properly cancel your subscription in accordance with this Agreement or the account or service is otherwise suspended or discontinued pursuant to this Agreement. You can cancel your subscription at any time, but you must cancel your applicable subscription before it renews at the beginning of each renewal period in order to avoid having to pay the full amount of the next month's billing. As previously mentioned, there will not be any refunds once a subscription fee is paid. TO CANCEL YOUR SUBSCRIPTION, VISIT THE PROFILE PAGE, CLICK "DELETE MY ACCOUNT AND FOLLOW THE CANCELLATION INSTRUCTIONS. PLEASE NOTE THAT WE DO NOT PROVIDE REFUNDS FOR ANY SUBSCRIPTIONS CANCELLED MID-PERIOD OR FOR UNUSED SERVICES.
4.8 Unpaid Amounts.It is important that each user of the Services honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection thereto. You will remain liable to us for all such unpaid amounts plus the amount of all costs that we incur in connection with the collection of these unpaid amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
All information and materials contained in the Services, including all software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software included on the Services (the "Streamkast IP"), is the property of Streamkast or its subsidiaries or affiliated companies and/or its third-party licensors. All Streamkast IP is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). Your use of any Streamkast IP, except as provided in this Agreement, without the advance written permission of the owner of such Streamkast IP, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent, purchase search terms or use any meta-tags or any other "hidden text" utilizing the Streamkast IP. Any images of persons or personalities contained within the Services and in connection with user interfaces are not an indication or endorsement of Streamkast or any particular product or service unless otherwise indicated.
From time-to-time, the Services may include interactive areas where you may post, upload to, transmit, distribute, store, create or otherwise publish information and content ("User Content"). If you submit or post User Content to the Service, you grant Streamkast a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Streamkast and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose. By submitting or posting User Content to the Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the Service, does not and will not violate this Agreement or any applicable law, rule or regulation in your country or elsewhere. Please note Streamkast does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its Services in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Streamkast and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
8.2 Advertisements.We take no responsibility for advertisements or any third party material posted on the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.
8.4 Apple.If you downloaded the Software from the Apple iTunes Application Store, the following additional terms apply to the Software.
b. Apple is not responsible whatsoever for providing any maintenance and support services with respect to the Services, and Apple has no warranty obligations with regards to the Software, and is not liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. streamkast has also disclaimed all warranties.
c. Apple is not responsible for addressing any claims you or any third party has relating to the Services and your possession or use of the Service, including but limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
d. Apple is not responsible for any third-party infringement claims that the Services or your possession and use of the Services infringe that third party's intellectual property rights.
e. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not uled on any U.S. Government ul of prohibited or restricted parties.
f. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce this Agreement against you.
8.5 Facebook.If you utilize Facebook to engage in any way with the Agreement, then you acknowledge and agree that Facebook has no responsibility or liability for the Services.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STREAMKAST website OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE ARE NOT LIABLE FOR THE AVAILABILITY, ACCURACY OR RELIABILITY OF THE SERVICE. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL WE, OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "STREAMKAST PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE STREAMKAST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR THE AMOUNT OF $50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STREAMKAST PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
It is our policy to respect the intellectual property rights of others. Streamkast does not condone unauthorized reproduction or distribution of copyrighted content, and we have a policy of terminating repeat infringers in appropriate circumstances. If you believe that any content or other material provided through the Services, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at email@example.com. You may also contact us by mail at: firstname.lastname@example.org. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We will promptly terminate without notice your access to the Service if we notify you of your infringing activity violations more than twice and/or we have removed your submitted content more than twice. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
PLEASE READ THE FOLLOWING SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or this Agreement, and the formation, validity, enforceability, scope, or applicability of this Agreement, including this Section 11 (referred to as a "Claim") will be resolved as follows:
11.1 Informal Resolution.We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 11.4 below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to Streamkast LLC, PO Box 953668, Lake Mary, FL 32795 and we will send our notice to your billing address.
11.2 Formal Resolution.Except as provided in Section 11.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of Judicial Arbitration and Mediation Services, Inc. ("JAMS") that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this Agreement. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney's fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
(i) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(ii) Send three copies of the request for arbitration, plus the filing fee to: www.jamsadr.com.
(iii) Send one copy of the demand for arbitration to us.
11.3 Special Rules.You should know that in the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. In addition, neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 11 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
11.4 Exceptions.Notwithstanding the foregoing: any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. § 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration.
12.1 Electronic Communications.By using the Services, you consent to receiving electronic communications from us, whether by emails, SMS or text messages, or the like. These communications may include notices about your account, confirmation e-mails and other transactional information, and information concerning or related to the Services, and may include newsletters and promotional communications from us if you have chosen to receive such communications during sign-up and have not opted out. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to update your personal information immediately upon any change to your email address.
12.2 Service Testing.From time to time, we test various aspects of the Services, including our website, user interfaces, service levels, plans, promotions, features, availability of movies, programs, and television shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
12.4 Governing Law.All matters relating to the Agreement and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
12.5 Waiver and Severability.No waiver of by us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or arbitration or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
12.8 Contact Information.If you have any questions about this Agreement or the Services, visit contact us by e-mail at: email@example.com.
Streamkast or its business partners allows certain users (" Event Hosts ") to distribute streaming live and pre-recorded videos of political election campaign related activities.
13.1 License from streamkast.If you sign up for an account as an Event Host, subject to your compliance with this Agreement, streamkast hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Service for the uploading and distributing of authorized digital content, including videos (" Host Content ").
13.2 License to streamkast.Unless otherwise agreed to in a written agreement between you and streamkast that was signed by an authorized representative of streamkast:
(a) By distributing or disseminating Host Content through the Service, you hereby grant to streamkast a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sub-licensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Host Content, in any form, format, media or media channels now known or later developed or discovered. You grant streamkast and our sub-licensees the right to use the name that you submit in connection with that content, if we or they choose.
(b) Except for Host Content already downloaded by users, the foregoing license granted by you terminates regarding a specific piece of Host Content once you remove or delete that Host Content from the Service.
13.3 Host Content Representations and Warranties.You are solely responsible for your Host Content and the consequences of posting or publishing it. By uploading and publishing your Host Content, you represent, and warrant that: (1) you are the creator and owner of the Host Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Host Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Host Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (4) unless you have received prior written authorization, your Host Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of Twitch or third parties. Twitch reserves all rights and remedies against any Event Hosts who breach these representations and warranties.
13.4 Content is Uploaded at Your Own Risk.Streamkast uses reasonable security measures in order to attempt to protect Host Content. However Streamkast cannot guarantee that there will be no unauthorized copying or distribution of Host Content nor will Streamkast be liable for any copying or usage of the Host Content not authorized by Streamkast. You hereby release and forever waive any claims you may have against Streamkast for any such unauthorized copying or usage of the Host Content, under any theory. THE SECURITY MEASURES TO PROTECT HOST CONTENT USED BY STREAMKAST HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
13.5 Prevention of Unauthorized Use of Event Host account.Unless expressly permitted in writing by Streamkast, you may not sell, rent, lease, share or provide access to your Event Host account to any third party, including without limitation charging any remuneration (e.g. money) to any third party for access to administrative rights on your Event Host account. Streamkast reserves all available legal rights and remedies to prevent unauthorized use of the Streamkast Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
13.6 Promotions.Event Hosts may promote, administer or conduct a promotion on, through or utilizing Streamkast (a "Promotion"). If you are an Event Host and you choose to promote, administer or conduct a Promotion, you must follow the following rules:
(a) You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions.
(b) You, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Streamkast has the right to remove your Promotion from the Service for any reason.
(c) Streamkast is not responsible for and does not endorse or support any such Promotions. You may not indicate that Streamkast is a sponsor or co-sponsor of the Promotion.
(d) ALL Event Hosts should display or read out the following when a Promotion is on their channel:
"This is a promotion from [channel name]. Streamkast does not sponsor or endorse Event Host promotions and is not responsible for them".
13.7 Endorsements/Testimonials.You agree that your Host Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Service, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not Streamkast , are solely responsible for any endorsements or testimonials you make regarding any product or service through the Service.