Terms And Privacy
Broadcaster Terms of Use
The ubroadcast Service allows you to upload and display certain content as permitted by the functionality of the ubroadcast Service.
By signing up for a ubroadcast account or otherwise using the ubroadcast Service to upload or display your Produced Content, you acknowledge that you have read, understood and agree to be bound by these ubroadcast Free Producer Terms of Use, including any future modifications (the "Agreement").
Any capitalized terms not defined herein have the meaning set forth in the ubroadcast Service Terms of Use.
Incorporation by Reference. Your use of the ubroadcast Service is subject at all times to this Agreement and the ubroadcast Service Terms of Use (including, but not limited to provisions regarding PROHIBITED USES, INDEMNIFICATION, LIMITATIONS OF LIABILITY AND DAMAGES, and DISCLAIMERS OF WARRANTIES). The ubroadcast Service Terms of Use ("Terms of Use") is hereby incorporated into this Agreement by reference. For information regarding how ubroadcast collects, uses and discloses your personal information, please see the ubroadcast Privacy Policy.
Modification of the Terms.
ubroadcast reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time by posting amended terms to this Agreement. Please check this Agreement periodically for changes. Your continued use of the ubroadcast Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to this Agreement, ubroadcast shall send you notice of such change through your electronic mail account and you shall have a period of thirty (30) days from ubroadcast' sending of such notice to accept or reject such changes. Should you reject such changes or not respond to ubroadcast' notice, ubroadcast reserves the right to immediately terminate your use of and access to the ubroadcast Service.
Termination
For clarity, the following are in addition to the termination provisions in the ubroadcast Terms of Use:
By ubroadcast:
You agree that ubroadcast, in its sole discretion, may terminate any account (or any part thereof) you may have with ubroadcast or use of the ubroadcast Service and remove and discard all or any part of your account or any piece of your Produced Content (as such term is defined in the ubroadcast Terms of Use), at any time without notice or liability.
If you breach any of your obligations, covenants, representations, or warranties in this Agreement, you agree that any termination of your access to the ubroadcast Service or any account you may have or portion thereof may be affected without prior notice, and you agree that ubroadcast will not be liable to you or any third-party for any such termination.
ubroadcast may, in its sole discretion and at any time discontinue providing access to the ubroadcast Service, or any part thereof.
ubroadcast complies with the notice and takedown provisions of the Digital Millennium Copyright Act, and as set forth in the Terms of Use does not permit copyright infringing activities on the ubroadcast Service and reserves the right to terminate access to the ubroadcast Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the ubroadcast Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ubroadcast may have at law or in equity.
By you:
If you are dissatisfied with the ubroadcast Service, please let us know at info@ubroadcast.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the ubroadcast Service, (ii) any term in this Agreement, (iii) any policy or practice of ubroadcast in operating the ubroadcast Service, or (iv) any content or information transmitted through the ubroadcast Service, is to terminate this Agreement and your account. You may terminate your account, this Agreement, and your right to use the ubroadcast Service at any time and for any reason or no reason, by contacting ubroadcast customer support at support@ubroadcast.com.
Produced Content.
You retain all of your ownership rights in your Produced Content. However, by submitting Produced Content to ubroadcast, you hereby:
grant ubroadcast a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and otherwise exploit your Produced Content solely in connection with the ubroadcast Service and ubroadcast' (and its successor's) business, including without limitation for promoting and redistributing your Produced Content or part of or all of the ubroadcast Service (and derivative works thereof) in any media formats, media channels or medium now or hereafter in existence. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your Produced Content in proximity with or in connection with any third party content; and
grant each user of the ubroadcast Service a non-exclusive license to access your Produced Content through the ubroadcast Service, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such Produced Content solely as permitted through the functionality of the ubroadcast Service and under these Terms of Use.
You are solely responsible for all of your Produced Content and you hereby recognize and affirm that the ubroadcast Service is merely providing you the means to produce and distribute your Produced Content. Accordingly, you shall be solely responsible for your own Produced Content and the consequences of posting or publishing it. You hereby affirm, represent, and warrant that:
You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize ubroadcast and ubroadcast' Users to use and distribute Your Produced Content as necessary to exercise the rights and licenses granted by You in these Terms and in the manner contemplated by ubroadcast and these Terms;
Your Produced 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, libel, or invade the right of privacy, publicity or other rights of any person or entity; and
Your Produced Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the ubroadcast Service.
Your Produced Content does not include any advertisements, promotions, or solicitations of business.
To the extent not otherwise described in Sections 4.2.1 through 4.2.4 above, your Produced Content does not and will not violate any of the "Prohibited Uses" set forth in the Terms of Use.
Violators of third-party rights may be subject to criminal and civil liability. ubroadcast reserves all rights and remedies against any Users who violate this Terms of Use.
You understand that ubroadcast reserves the right to discontinue any aspect of the ubroadcast Service at any time, including the right to discontinue the display of any Produced Content or linked or embedded content either generally or in specific cases.
For the avoidance of doubt, you are not entitled to any compensation from ubroadcast for any Produced Content for any reason.
Service Fees (Where Applicable); Modification of Fees.
Certain functions on the ubroadcast Service have fees associated with them. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. ubroadcast may choose to temporarily change the fees for ubroadcast' services for promotional events or new services, and such changes are immediately effective when ubroadcast posts the temporary promotional event or new service on the ubroadcast Service. Any changes to fees for ubroadcast' services that are not temporary or promotional will be effective thirty (30) days after we provide You with notice by posting such changes on the ubroadcast Service; provided, however, that such changes shall only apply prospectively to your use of the ubroadcast Service. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Fees; Payments.
In order to use ubroadcast, you agree to pay a recurring monthly subscription fee (unless an account is specified as “Free”) to ubroadcast ("Subscription Fee"), which Subscription Fee represents a minimum financial commitment for your use of the ubroadcast Service.
You agree to pay your Subscription Fee in advance of receiving any service. ubroadcast reserves the right to discontinue or modify any Subscription Fee-based payment option at any time without notice. If you are signing up under a promotional subscription fee, some additional restrictions may apply.
If you choose a subscription option with recurring payments (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that ubroadcast may automatically charge the Subscription Fee to your chosen payment method at the beginning of each period, and in the event of monthly payments on a monthly basis. Your access to the ubroadcast Service will not be established until ubroadcast has verified that the credit card or other payment information you provide ubroadcast for payment is accurate and that your credit card account or other payment method account is in good standing. You further agree that ubroadcast may charge any other applicable fees for the ubroadcast Service, the Storage Fee, the Bandwidth Fee, and if applicable the Transcoding Fee (as defined below), to your credit card; all such fees, shall be automatically billed on a monthly basis (save for any pre-paid fees).
The minimum commitment for any paid plan with a Subscription Fee is 30 days. When you cancel a paid plan, the cancellation will become effective on the 1st day of the calendar month that follows the day your 30-day commitment is met. In between the time you cancel and the effective date of the cancellation, you are responsible for any additional fees that you accrue.
ubroadcast reserves the right to suspend or terminate your access to the ubroadcast Service without notice upon rejection of any credit card charges or if you card issuer (or its agent or affiliate) seeks return of payments previously made to ubroadcast when ubroadcast believes you are liable for the charges.
All fees relating to services and downloaded products are final and nonrefundable.
When you use a service on the ubroadcast Service that has a fee associated with it, you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. ubroadcast may choose to temporarily change the fees for ubroadcast' services for promotional events or new services, and such changes are immediately effective when ubroadcast posts the temporary promotional event or new service on the ubroadcast Service. Any changes to fees for ubroadcast' services that are not temporary or promotional will be effective thirty (30) days after we provide You with notice by posting such changes on the ubroadcast Service; provided, however, that such changes shall only apply prospectively to your use of the ubroadcast Service. Unless otherwise stated, all fees are quoted in U.S. Dollars.
ubroadcast accepts payments through the major credit card indicated on the applicable payment screen. Billing to your account occurs at the time of purchase or shortly thereafter. ubroadcast does not accept any other payment form. You agree to pay for all products and services that you purchase through the ubroadcast Service, and you agree that we may charge your selected payment method for any such payments.
You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify ubroadcast if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). You agree to pay any outstanding balance in full within thirty (30) days of purchase of a particular product or service on the ubroadcast Service. All fees not paid to ubroadcast by you within thirty (30) days of when such fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by ubroadcast in connection with ubroadcast' collection of such fees. Additionally, ubroadcast reserves the right to deactivate your account if payment is past due, regardless of the dollar amount.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us.
You are responsible for paying any governmental taxes imposed on your use of the ubroadcast Service, including, but not limited to, sales, use or value-added taxes. To the extent ubroadcast is obligated to collect such taxes, the applicable tax will be added to your billing account.
ubroadcast may impose an additional transaction fee based on transactions associated with ubroadcast Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction.
ubroadcast Revenues and Advertising.
ubroadcast may rely on advertisers to help fund the ubroadcast Service. In order to continue our ubroadcast Service, you agree that ubroadcast may display advertisements and promotions of all kinds in and with the ubroadcast Service (including the Produced Content). You understand that ubroadcast may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by ubroadcast related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the ubroadcast Service.
Fair Use and Availability.
The ubroadcast Service is provided to you only on an "as-available" basis and ubroadcast does not guarantee that the ubroadcast Service will be will be uninterrupted or error free. For general information regarding uptime standards please review the ubroadcast Service Level Agreement; although we do not guarantee specific monthly uptime levels (Service Commitment) in regards to the ubroadcast Service with respect to ubroadcast Free accounts, we endeavor to meet the high level of Service Commitment uptime standards as set forth in the Service Level Agreement. -
With respect to your ubroadcast Service account subject to this Agreement, we reserve the right to limit your account to less than 1 GB of free storage for Produced Content. We further reserve the right to offer additional storage for a fee; the price and related terms and conditions for any such additional storage packages will be set forth in your ubroadcast Free account information or in related Policies regarding your use of the ubroadcast Service in connection with a ubroadcast account.
ubroadcast reserves the right to limit the transcoding services necessary to compress and author your Audiovisual Content in connection with the use of the ubroadcast Service and any embeddable player provided by ubroadcast for amounts of Produced Content above a specified free size/quantity limit. The related terms and conditions for any such transcoding services will be set forth in your ubroadcast Free account information or in related Policies regarding your use of the ubroadcast Service in connection with a ubroadcast Free account.
ubroadcast reserves the right to limit the number of Users who contribute any elements of Produced Content for a Channel created by using a ubroadcast Free account (such Users, "Contributors"); restrictions on Contributors, if any, shall be set forth in the Policies with respect to your use of ubroadcast Free account. Support. For email support you may contact customer support at support@ubroadcast.com. ubroadcast does not provide live support for the ubroadcast Service, and all support requests must be made, and will be responded to by, email
Monitoring Users and Content.
ubroadcast does not control the content posted by you and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you submit to ubroadcast.
Indemnification.
You agree to indemnify and hold harmless ubroadcast, and its suppliers and partners, from any claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees), based upon or arising out of: (i) any breach or alleged breach by you of your covenants, representations and warranties herein; (ii) the Produced Content, or (iii) this Agreement.
Survival.
Sections 1, 3, 4, 5, 9, 10 and 11 will survive any termination of this Agreement.
Miscellaneous.
For clarity, all the terms in the ubroadcast Terms of Use (including, but not limited to Governing Law and Jurisdiction) shall apply to this Agreement. The services hereunder are offered by ubroadcast, Inc. located at 1666 Garnet Avenue, Suite 312, San Diego CA 92109, USA and email: info@ubroadcast.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
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Member Terms of Use
The following Terms of Use (the "Terms") is a binding agreement between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity ("you", or collectively "Users") and ubroadcast, inc. ("ubroadcast") regarding your use of the ubroadcast web site (located at www.ubroadcast.com) and other web sites, services and networks owned or controlled by ubroadcast that allow for the distribution and reception of video, audio, and other content (the "ubroadcast Service").
By accessing the ubroadcast Service and/or by clicking "I agree", you agree to be bound by these Terms of Use. You hereby represent and warrant to ubroadcast that you are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the ubroadcast Service on behalf of a business, you hereby represent to ubroadcast that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use.
When using the ubroadcast Service, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.
ubroadcast reserves the right, at ubroadcast' discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the ubroadcast Service. Please check these Terms and any Policies periodically for changes. Your continued use of the ubroadcast Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the ubroadcast Service.
1. Ownership of Materials; Limited License
1.1 The data and materials on the ubroadcast Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the ubroadcast Service (collectively, the "Materials") are the intellectual property of ubroadcast, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with ubroadcast, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to ubroadcast or its affiliates and/or third party licensors. Except as expressly authorized by ubroadcast, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. ubroadcast reserves all rights not expressly granted in and to the ubroadcast Service and the Materials.
1.2 Subject to your compliance with the terms and conditions set out in these Terms, ubroadcast hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the ubroadcast Service for the non-commercial viewing of IPTV (as defined below).
2. Incorporation by Reference
2.1 Except if you sign up for a certain ubroadcast accounts as specified in Section 2.2, below, by signing up for a ubroadcast account or otherwise using the ubroadcast Service to upload or display your Produced Content, you are also bound by the ubroadcast Broadcasters Terms of Use.
2.2 The ubroadcast Service includes a paid service that includes additional benefits. Please review these benefits from time to time as they are subject to change without notice. If you register and/or use the ubroadcast service, you are also bound by the ubroadcast Broadcasters Terms of Use.
3. Produced Content
3.1 "IPTV" as used herein means a method of displaying streaming video content that is viewed simultaneously or nearly simultaneously by all viewers of such streaming video content. The ubroadcast Service provides a system and method for Users to produce and distribute authorized live and prerecorded audiovisual content (the "Audiovisual Content") in a IPTV fashion. The ubroadcast Service permits its Users to create, upload and/or display content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, "Produced Content"). Produced Content, which aggregates Audiovisual Content in a IPTV fashion and is distributed via the ubroadcast Service (in accordance with the terms herein) shall sometimes be referred to as a "Channel".
3.2 You understand that when using the ubroadcast Service, you will be exposed to Produced Content from a variety of sources, and that ubroadcast is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ubroadcast with respect thereto. ubroadcast does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and ubroadcast expressly disclaims any and all liability in connection with the Produced Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST UBROADCAST WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD UBROADCAST, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END USER CONTENT AND USE OF THE UBROADCAST SERVICE.
3.3 ubroadcast permits you to link to the ubroadcast Service for personal, non-commercial purposes only.
4. Prohibited Uses
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT (AND THE FOLLOWING SHALL SOMETIMES BE REFERRED TO AS "PROHIBITED USES"):
(I) UPLOAD TO OR CREATE ON THE SITE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE UBROADCAST OR ANY THIRD PARTY;
(III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN UBROADCAST' SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(IV) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR CERTAIN UBROADCAST ACCOUNTS, POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(V) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE UBROADCAST SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTIT, OR CONTENT OF INFORMATION TRANSMITTED VIA THE UBROADCAST SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(VI) USE THE UBROADCAST SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE UBROADCAST SERVICE AS SUCH SERVICES ARE OFFERED BY UBROADCAST;
(II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE UBROADCAST OR ANY THIRD PARTY;
(III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN UBROADCAST' SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(IV) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR CERTAIN UBROADCAST ACCOUNTS, POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(V) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE UBROADCAST SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTIT, OR CONTENT OF INFORMATION TRANSMITTED VIA THE UBROADCAST SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(VI) USE THE UBROADCAST SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE UBROADCAST SERVICE AS SUCH SERVICES ARE OFFERED BY UBROADCAST;
(VII) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE UBROADCAST SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER'S PRODUCED CONTENT;
(VIII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR IPTV CHANNELS.
(IX) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE UBROADCAST SERVICE OR ANY THIRD PARTY CONTENT;
(VIII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR IPTV CHANNELS.
(IX) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE UBROADCAST SERVICE OR ANY THIRD PARTY CONTENT;
(X) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE UBROADCAST SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(XI) USE THE UBROADCAST SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(XI) USE THE UBROADCAST SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(XII) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE UBROADCAST SERVICE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE UBROADCAST SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE UBROADCAST SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE UBROADCAST SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE UBROADCAST SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XIV) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE UBROADCAST SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XV) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE UBROADCAST SERVICE OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(XVI) TAKE ANY ACTION THAT MAY UNDERMINE UBROADCAST' RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE UBROADCAST SERVICE, USING INFORMATION ON THE UBROADCAST SERVICE FOR PURPOSES UNRELATED TO THE UBROADCAST SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
(XVII) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN UBROADCAST'S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON UBROADCAST' INFRASTRUCTURE;
(XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE UBROADCAST SERVICE OR ANY ACTIVITIES CONDUCTED ON THE UBROADCAST SERVICE;
(XIX) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES UBROADCAST MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE UBROADCAST SERVICE;
(XX) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A UBROADCAST PRO ACCOUNT, UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY UBROADCAST; OR
(XXI) REGISTER MORE THAN FIVE (5) ACCOUNTS AND/OR TEN (10) IPTV CHANNELS.
(XVI) TAKE ANY ACTION THAT MAY UNDERMINE UBROADCAST' RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE UBROADCAST SERVICE, USING INFORMATION ON THE UBROADCAST SERVICE FOR PURPOSES UNRELATED TO THE UBROADCAST SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
(XVII) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN UBROADCAST'S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON UBROADCAST' INFRASTRUCTURE;
(XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE UBROADCAST SERVICE OR ANY ACTIVITIES CONDUCTED ON THE UBROADCAST SERVICE;
(XIX) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES UBROADCAST MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE UBROADCAST SERVICE;
(XX) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A UBROADCAST PRO ACCOUNT, UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY UBROADCAST; OR
(XXI) REGISTER MORE THAN FIVE (5) ACCOUNTS AND/OR TEN (10) IPTV CHANNELS.
5. Termination; Terms of Use Violations
5.1 ubroadcast.
You agree that ubroadcast, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with ubroadcast or your use of the ubroadcast Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time. ubroadcast may also in its sole discretion and at any time discontinue providing access to the ubroadcast Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the ubroadcast Service or any account you may have or portion thereof may be effected without prior notice, and you agree that ubroadcast will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ubroadcast may have at law or in equity. As discussed herein, ubroadcast does not permit copyright infringing activities on the ubroadcast Service, and shall be permitted to terminate access to the ubroadcast Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers. Should ubroadcast terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.
You agree that ubroadcast, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with ubroadcast or your use of the ubroadcast Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time. ubroadcast may also in its sole discretion and at any time discontinue providing access to the ubroadcast Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the ubroadcast Service or any account you may have or portion thereof may be effected without prior notice, and you agree that ubroadcast will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ubroadcast may have at law or in equity. As discussed herein, ubroadcast does not permit copyright infringing activities on the ubroadcast Service, and shall be permitted to terminate access to the ubroadcast Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers. Should ubroadcast terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.
5.2 You.
Your only remedy with respect to any dissatisfaction with (i) the ubroadcast Service, (ii) any term of this Terms of Use, (iii) any policy or practice of ubroadcast in operating the ubroadcast Service, or (iv) any content or information transmitted through the ubroadcast Service, is to terminate this Terms of Use and Your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the ubroadcast Service and providing ubroadcast written notice at the postal or email address in Section 23, below. For clarity, no fees payable by you hereunder are refundable upon termination of this Terms of Use by you.
Your only remedy with respect to any dissatisfaction with (i) the ubroadcast Service, (ii) any term of this Terms of Use, (iii) any policy or practice of ubroadcast in operating the ubroadcast Service, or (iv) any content or information transmitted through the ubroadcast Service, is to terminate this Terms of Use and Your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the ubroadcast Service and providing ubroadcast written notice at the postal or email address in Section 23, below. For clarity, no fees payable by you hereunder are refundable upon termination of this Terms of Use by you.
5.3 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 3, 4, 5, 6, and 9-23.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 3, 4, 5, 6, and 9-23.
6. Copyright infringement notification
6.1 If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the ubroadcast Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA"). This notification of claimed infringement must be a written communication provided to the designated agent of ubroadcast that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ubroadcast to locate the material.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ubroadcast to locate the material.
(iv) Information reasonably sufficient to permit ubroadcast to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(v) A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Copyright Owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
6.2 ubroadcast' registered designated copyright agent to receive notifications of claimed infringement is: President. With contact information is as follows:
President, Copyright Agent
ubroadcast, Inc.
1666 Garnet Avenue
Suite 312
San Diego, CA 92109 USA
info@ubroadcast.com
ubroadcast, Inc.
1666 Garnet Avenue
Suite 312
San Diego, CA 92109 USA
info@ubroadcast.com
6.3 Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to ubroadcast customer service at ubroadcast, inc. customer service 1666 Garnet Avenue, Suite 312, San Diego, CA 92109, USA. Any notification of claimed infringement that does not comply with the DMCA's requirements, is invalid.
6.4 If you receive notice from ubroadcast that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide ubroadcast with a counter notification. To be valid, a counter notification must be a written communication provided to ubroadcast' designated agent as mentioned in section 6.2 that includes substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for San Diego, CA, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 6.1 or an agent of such person.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for San Diego, CA, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 6.1 or an agent of such person.
6.5 ubroadcast reserves the right to terminate without notice any User's access to the ubroadcast Service if that User is determined by ubroadcast to be a "repeat infringer." In addition, ubroadcast accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
7. Registration, Accounts and Passwords
7.1 If you become a registered member and create an account on the ubroadcast Service, you agree to be responsible and/or liable for: maintaining the confidentiality of passwords or other account identifiers which you choose; and all activities that occur under such password or account identifiers.
7.2 You agree to notify ubroadcast of: any loss of your password or account identifiers; and any unauthorized use of your password or account identifiers.
7.3 Without limiting anything in this Agreement, ubroadcast will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 7.
8. Embeddable player feature
ubroadcast provides an embeddable player feature on the ubroadcast Service. Subject to the terms and conditions of this Terms of Use (including this Section 7), ubroadcast hereby grants you a limited, non-exclusive, freely revocable license to incorporate such embeddable player into your own personal, non-commercial websites, provided that you include a prominent link back to the ubroadcast Service on the pages containing the embeddable player. You hereby represent and warrant that you shall not to circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any Material and third party Produced Content (including without limitation Audiovisual Content) or enforce limitations on use of the embeddable player or the Material and third party Produced Content (including without limitation Audiovisual Content) therein.
9. Search Functionality
The ubroadcast Service has certain functionality to search for and incorporate video and other content that is available on third party websites unrelated to ubroadcast (the "Search Function"). For clarity, the disclaimer of warranties in Section 11 below applies to this search functionality. ubroadcast has no responsibility for any content found on such third-party sites, and that ubroadcast does not review, clear, or approve any such content. It is your sole responsibility to comply with any applicable terms and conditions of the third-party website operators when using such content. Additionally, as with any content uploaded by you to the ubroadcast Service, with respect to any content that you find on third-party websites through the Search Function, it is your sole responsibility to comply with applicable laws and to respect the rights of the owners and licensors of such content. Finding third-party content using the Search Functionality does not, in and of itself, give you any rights whatsoever to use such third party content in any way, and, without limiting the indemnification in Section 13, below, you hereby indemnify and hold harmless ubroadcast for any losses or liabilities arising out of your use of the Search Functionality or third party content.
10. Third Party Websites
This ubroadcast Service may contain links (including, but not limited to, through the Search Functionality) to websites or services operated by other people or companies, (collectively "Third-party Services"). Third Party Services may have their own terms or use and privacy policy or no terms of use or privacy policy at all. ubroadcast does not endorse any such Third-party Services or the information, materials, products, or services contained on or accessible through Third-party Services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ubroadcast Service are solely between you and such advertiser. Access and use of Third-party Services, including the information, materials, products, and services on or available through Third-party Services is solely at your own risk.
11. Privacy Policy
ubroadcast is committed to protecting the privacy of users of the ubroadcast Service. For information regarding how ubroadcast collects, uses and discloses your personal information, please see the ubroadcast privacy policy.
12. Disclaimer
CONTENT ON THE UBROADCAST SERVICE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
UBROADCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE UBROADCAST SERVICE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UBROADCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE UBROADCAST SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE UBROADCAST SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE UBROADCAST SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF UBROADCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, UBROADCAST MAKES NO WARRANTY THAT THE UBROADCAST SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE UBROADCAST SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UBROADCAST OR THROUGH THE UBROADCAST SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE UBROADCAST SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, UBROADCAST', AND ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS', AND SUPPLIERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Limitation of Liability
IN NO EVENT WILL UBROADCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS UBROADCAST SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS UBROADCAST SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS UBROADCAST SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE UBROADCAST SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE UBROADCAST SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE UBROADCAST SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL UBROADCAST OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE UBROADCAST SERVICE OR YOUR INTERACTION WITH OTHER UBROADCAST SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO UBROADCAST DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
UBROADCAST RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE UBROADCAST SERVICE OR THE CONTENT ON THE UBROADCAST SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF UBROADCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN UBROADCAST AND RECEIVED THROUGH OR ADVERTISED ON THE UBROADCAST SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU SPECIFICALLY ACKNOWLEDGE THAT UBROADCAST SHALL NOT BE LIABLE FOR PRODUCED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, UBROADCAST', ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to indemnify, defend and hold harmless ubroadcast, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
(i) any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
(ii) your use or misuse of or access to the ubroadcast Service;
(iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that you or your Produced Content caused damage to a third party.
(ii) your use or misuse of or access to the ubroadcast Service;
(iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that you or your Produced Content caused damage to a third party.
ubroadcast reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ubroadcast, and you agree to cooperate with ubroadcast' defense of these claims.
15. Release for disputes between users.
ubroadcast does not control the actions of its Users. If you have a dispute with one or more Users, you release ubroadcast (and ubroadcast' officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
16. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ubroadcast without restriction.
17. Waiver and Severability
The failure to require performance of any provision shall not affect ubroadcast' right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
18. Notice
ubroadcast may provide you with notices, including those regarding changes to ubroadcast' terms and conditions, by email, regular mail or postings on the ubroadcast Service. Notice will be deemed given twenty-four hours after email is sent, unless ubroadcast is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the ubroadcast Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the ubroadcast Service is deemed given 30 days following the initial posting.
19. Choice of Law and Forum
These Terms of Use shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms of Use or your access or use of the ubroadcast Service will be subject to the exclusive jurisdiction of the state and federal courts located within San Diego County in the State of California, and you hereby submit to the personal jurisdiction of such courts. YOU AND UBROADCAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UBROADCAST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21. Entire Agreement.
This is the entire agreement between you and ubroadcast relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies made by ubroadcast as set forth above.
22. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
23. No Third Party Beneficiaries
The parties specifically disavow any desire or intention to created a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
24. Disclosures.
The services are offered by ubroadcast, Inc. 1666 Garnet Avenue, Suite 312, San Diego, CA 92109 USA. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
___________________________________________________________________
PRIVACY POLICY
ubroadcast understands that privacy is important. This Privacy Policy applies to any and all services, applications, platforms, websites, or other affiliated ventures offered by ubroadcast. Throughout this Policy, "ubroadcast" and "We" refers to ubroadcast.com and its affiliates. "You" or "Users" refers to you, our users . everyone who uses, subscribes to, publishes through, joins, or visits ubroadcast. The "ubroadcast Service" refers to the applications, platform, web site and services controlled, operated or produced by ubroadcast.
By using the ubroadcast Service, you expressly consent to the information handling practices described in this notice. This Privacy Policy is incorporated into and is subject to the ubroadcast Service Terms of Use. Your use of the ubroadcast Service and any personal information you provide through the ubroadcast Service are subject at all times to this Privacy Policy and the Terms of Use.
1. The Information ubroadcast Collects:
Information You Provide: You may provide to ubroadcast what is generally called "personally identifiable" information (such as your name, email address, credit card number, postal mailing address, and telephone numbers) if you use certain services or products from the ubroadcast Service, enter contests or sweepstakes, or otherwise use the features and functionality of the ubroadcast Service.
“Automatically Collected“ Information: When you access the ubroadcast Service (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected“ information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, the content and pages that you access on the ubroadcast Service, and the dates and times that you visit the ubroadcast Service.
“Cookies“ Information: When you access the ubroadcast Service, we may send one or more cookies . small text files containing a string of alphanumeric characters . to your computer. ubroadcast may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the ubroadcast Service. Persistent cookies can be removed. Please review your web browser "Help" file to learn the best way to modify your cookie settings.
“Pixel Tags“ or “Clear Gifs“ A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our ubroadcast Service but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Your User ID. Your User ID is displayed throughout the ubroadcast Service and is therefore available to the public. Other people can see your feedback, ratings and associated comments, etc. Therefore, if you associate your actual name with your User ID, the people to whom you have revealed your name will be able to personally identify your activities on the ubroadcast Service.
2. The way ubroadcast Uses the Information:
ubroadcast uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the ubroadcast Service as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.
We may use your email address or mobile number, without further consent, for administrative communications such as notifying you of major ubroadcast Service updates, for customer service purposes, and to send privacy or security related notices.
ubroadcast uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the ubroadcast Service works and looks, to create new features and functionality.
ubroadcast may use .Automatically Collected. information and .Cookies. information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the ubroadcast Service; (b) provide customized third-party advertisements, content and information; (c) monitor and report on the effectiveness of third-party marketing campaigns; (d) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions, and status in any promotions or other activities.
3. When ubroadcast Discloses Information:
ubroadcast does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the ubroadcast Service . such as when you publish your public profile information . becomes publicly available and may be collected and used by others without restriction.
ubroadcast may disclose Automatically Collected and other aggregate non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on the ubroadcast Service.
We may disclose some limited User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist ubroadcast in improving the ubroadcast Service and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.
ubroadcast may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
ubroadcast also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; enforce our Terms of Use; protect ubroadcast from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the ubroadcast Service; or to protect the rights, property, or personal safety of ubroadcast, our Users, or others.
4. Your Choices and Access to your Personal Information
You may, of course, decline to share your personally-identifiable information with ubroadcast, in which case ubroadcast will not be able to provide to you some of the features and functionality found on the ubroadcast Service. You may view, update, correct, or delete your user information and preferences by contacting us at privacy@ubroadcast.com.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
5. Advertisers
ubroadcast allows other companies, called third-party ad servers or ad networks, to serve advertisements within the ubroadcast Service. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within the ubroadcast Service and they automatically receive your IP Address and other log file information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.
ubroadcast does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks ubroadcast to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. ubroadcast reserves the right the add or remove third-party ad networks or ad servers in its discretion and ubroadcast may not at all times list such updated ad network or ad server partners in this Privacy Policy.
6. Our Commitment to Data Security:
ubroadcast uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to ubroadcast, and you do so at your own risk. Once we receive your transmission of information, ubroadcast makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If ubroadcast learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. ubroadcast may post a notice on the ubroadcast Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@ubroadcast.com.com.
7. Our Commitment to Children's Privacy:
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE LIVE STREAM SERVICE AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, ubroadcast does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If ubroadcast learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the ubroadcast Service, then ubroadcast will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become a ubroadcast Service member, then please contact ubroadcast at privacy@ubroadcast.com.com to have that child’s account terminated and information deleted.
8. International Visitors:
For Users visiting the ubroadcast Service from the European Union or other non-U.S. territories, please note that any data you enter into the ubroadcast Service will be transferred outside the European Union or such other non-U.S. territory for use by ubroadcast and its affiliates for any of the purposes described herein. In addition, because ubroadcast operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the ubroadcast Service, you hereby expressly consent to such transfers of your data to the United States or other countries.
9. In the Event of Merger or Sale:
In the event that ubroadcast is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
10. Third Parties
Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides ubroadcast, whether they are users of the ubroadcast Service or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. ubroadcast does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
11. Changes and Updates to this Privacy Policy:
This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of the ubroadcast Service constitutes your agreement to this Privacy Policy and any future revisions.
For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.
12. ubroadcast Contact Information:
Please contact ubroadcast with any questions or comments about this Privacy Policy, our third-party disclosure practices, or your consent choices at: 1666 Garnet Avenue, Suite 312, San Diego, CA 92109, USA or by email: privacy@ubroadcast.com.com. We will respond to your inquiry within 30 days of its receipt.