Terms and conditions
content
- INTRODUCTION
- Acceptance of Terms
- Modification of Terms
- DEFINITIONS
- ACCOUNTS AND REGISTRATION
- Account Creation
- Account Security
- Account Termination
- SERVICES
- Description of Services
- Service Modifications
- Service Fees
- USER CONTENT
- User Content Responsibility
- License Grant
- User Content Restrictions
- RESTRICTIONS AND ACCEPTABLE USE
- PROPRIETARY RIGHTS
- THIRD-PARTY SERVICES AND CONTENT
- SUPPORT AND MAINTENANCE
- TERM AND TERMINATION
- Term
- Termination for Convenience
- Termination for Cause
- Effect of Termination
- DISCLAIMERS
- LIMITATION OF LIABILITY
- Exclusion of Certain Damages
- Total Liability
- Exceptions to Limitation of Liability
- Applicable Law
- INDEMNIFICATION
- Indemnity Obligations
- Indemnification Process
- US GOVERNMENT LICENSE RIGHTS; IMPORT AND EXPORT COMPLIANCE
- U.S. Government License Rights
- Import and Export Compliance and Restrictions
- NOTICES
- To You
- To Us
- Language
- MISCELLANEOUS PROVISIONS
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Third Party Activities
- Severability
- Section Headings
- Waivers
- Successors and Assigns
- Entire Agreement
- No Endorsement
- Relationship
- PRIVACY POLICY
- Collection of Personal Information
- Use of Personal Information
- Disclosure to Third Parties
- Data Security
- User Rights
- INTELLECTUAL PROPERTY INFRINGEMENT
- Copyright Policy
- Reporting Infringements
- Counter-Notification Procedure
- FORCE MAJEURE
- ASSIGNMENT
- NO THIRD-PARTY BENEFICIARIES
- FEEDBACK AND SUGGESTIONS
- SURVIVAL
- COUNTERPARTS AND ELECTRONIC SIGNATURES
- DISPUTE RESOLUTION
- Informal Resolution
- Arbitration
- Class Action Waiver
- Exceptions to Arbitration
- ADDITIONAL POLICIES AND AGREEMENTS
- Incorporation of Additional Policies
- Conflicting Terms
- FAIR USAGE POLICY
1. INTRODUCTION
These Terms and Conditions govern the use of Multistream.pro, a service provided by Startup-nation, LLC, a Delaware limited liability company. By accessing or using our platform, users agree to these terms, which include our policies on account registration, content, usage restrictions, intellectual property, and dispute resolution. We reserve the right to modify these terms as needed.
1.1. Acceptance of Terms
By using the multistream.pro website, software, and services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you must not access or use the Services.
1.2. Modification of Terms
We reserve the right to update, change, or modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.
2. DEFINITIONS
In these Terms, “we,” “us,” “our,” or “multistream.pro” refers to the company providing the Services, and “you” or “user” refers to any individual or entity accessing or using the Services.
3. ACCOUNTS AND REGISTRATION
3.1. Account Creation
To access and use the Services, you must create an account (“Account”) by providing accurate and complete information as prompted by the registration process.
3.2. Account Security
You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other security breaches.
3.3. Account Termination
We reserve the right to suspend or terminate your Account at any time, with or without notice, if we determine that you have violated these Terms, our policies, or any applicable laws.
4. SERVICES
4.1. Description of Services
Multistream.pro provides a platform that enables users to stream live video content to multiple platforms simultaneously. Our Services may include additional features, such as analytics, chat management, and scheduling.
4.2. Service Modifications
We reserve the right to modify or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
4.3. Service Fees
Certain features of the Services may require payment of fees. We reserve the right to change the fees for the Services at any time. You agree to pay all applicable fees for the Services you select.
5. USER CONTENT
5.1. User Content Responsibility
You are solely responsible for all content, including video, audio, images, and text, that you upload, transmit, or otherwise make available through the Services (“User Content”). You represent and warrant that you have all necessary rights and permissions to use and share the User Content through the Services.
5.2. License Grant
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and our business, including for promoting and redistributing part or all of the Services.
5.3. User Content Restrictions
You agree not to submit any User Content that violates any laws, infringes on the rights of others, or is otherwise objectionable, as determined in our sole discretion.
6. RESTRICTIONS AND ACCEPTABLE USE
You agree to use the Services only for lawful purposes and in compliance with these Terms, our policies, and applicable laws. You must not use the Services in any manner that could damage or overburden the Services or interfere with other users’ use of the Services.
7. PROPRIETARY RIGHTS
All rights, title, and interest in and to the Services, including all intellectual property rights, are owned by multistream.pro and its licensors. Except for the limited rights expressly granted to you in these Terms, no other rights or licenses are granted, either express or implied.
8. THIRD PARTY SERVICES AND CONTENT
Some features of the Services may require access to or use of third-party services or content. We are not responsible for any third-party services, content, or websites that you access or use in connection with the Services. You are responsible for complying with the terms and policies of any third-party services or content providers.
9. SUPPORT AND MAINTENANCE
We may provide support and maintenance for the Services, including updates, bug fixes, and enhancements, at our sole discretion. We are not obligated to provide any specific support or maintenance for the Services.
10. TERM AND TERMINATION
10.1. Term
These Terms will remain in effect as long as you continue to access or use the Services or until terminated in accordance with these Terms.
10.2. Termination for Convenience
You may terminate these Terms at any time by ceasing to use the Services and closing your Account. We may terminate these Terms and your access to the Services at any time, with or without cause and with or without prior notice.
10.3. Termination for Cause
We may terminate these Terms and your access to the Services if we determine that you have violated these Terms, our policies, or any applicable laws.
10.4. Effect of Termination
Upon termination of these Terms, your right to access and use the Services will immediately cease, and we may delete any User Content associated with your Account. All provisions of these Terms that should by their nature survive termination will survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
12. LIMITATION OF LIABILITY
12.1. Exclusion of Certain Damages
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. Total Liability
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS FOR THE SERVICES, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).
12.3. Exceptions to Limitation of Liability
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you.
12.4. Applicable Law
These limitations of liability will apply to the maximum extent permitted by applicable law.
13. INDEMNIFICATION
13.1. Indemnity Obligations
You agree to indemnify, defend, and hold us and our officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services, your User Content, or your violation of these Terms, our policies, or any applicable laws.
13.2. Indemnification Process
We will promptly notify you of any claim subject to indemnification and will cooperate with you at your expense in the defense of such claim. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
14. US GOVERNMENT LICENSE RIGHTS; IMPORT AND EXPORT COMPLIANCE
14.1. U.S. Government License Rights
The Services and related documentation are “commercial items” as that term is defined in the Federal Acquisition Regulation (“FAR”), and are provided to U.S. government users only as commercial items, with the same rights as those provided to all other end users in accordance with these Terms.
14.2. Import and Export Compliance and Restrictions
You agree to comply with all applicable import and export laws and regulations, including U.S. export control laws. You will not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
15. NOTICES
15.1. To You
We may provide notices to you, including changes to these Terms, by email, regular mail, or by posting them on our website or through the Services.
15.2. To Us
You may provide notices to us by sending an email to our designated email address, as specified on our website.
15.3. Language
All communications and notices between us must be in English.
16. MISCELLANEOUS PROVISIONS
16.1. Governing Law and Jurisdiction
These Terms will be governed by the laws of the jurisdiction in which our company is incorporated, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts located in that jurisdiction.
16.2. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
16.3. Third Party Activities
We are not responsible for the actions, content, information, or data of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
16.4. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
16.5. Section Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
16.6. Waivers
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.
16.7. Successors and Assigns
These Terms will be binding upon and inure to the benefit of the parties and their respective successors and assigns.
16.8. Entire Agreement
These Terms, together with any additional policies and agreements incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements, understandings, and communications, whether oral or written, between you and us relating to the subject matter of these Terms.
16.9. No Endorsement
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
16.10. Relationship
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority to bind the other in any respect.
17. PRIVACY POLICY
Please refer to our Privacy Policy, which is incorporated into these Terms by reference, for information on how we collect, use, and disclose your personal information.
17.1. Collection of Personal Information
We collect personal information from you when you create an account, use our Services, or communicate with us. This information may include your name, email address, and payment information.
17.2. Use of Personal Information
We use your personal information to provide, improve, and personalize the Services, communicate with you, and for other purposes described in our Privacy Policy.
17.3. Disclosure to Third Parties
We may share your personal information with third-party service providers to help us provide the Services, as well as for legal, security, and business purposes, as described in our Privacy Policy.
17.4. Data Security
We implement reasonable security measures to protect your personal information. However, we cannot guarantee the absolute security of your information, and you acknowledge that you provide your personal information at your own risk.
17.5. User Rights
You have certain rights in relation to your personal information, including the right to access, correct, and delete your information, as well as the right to object to or restrict our processing of your information. You can exercise these rights by contacting us as described in our Privacy Policy.
18. INTELLECTUAL PROPERTY INFRINGEMENT
18.1. Copyright Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We may, in our sole discretion, remove or disable access to material that infringes on the rights of others.
18.2. Reporting Infringements
If you believe that any content on the Services infringes on your intellectual property rights, you may submit a notification to us by providing the required information as outlined in our Copyright Policy.
18.3. Counter-Notification Procedure
If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to us in accordance with our Copyright Policy.
19. FORCE MAJEURE
We will not be liable for any failure or delay in the performance of our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, equipment failures, or natural disasters.
20. ASSIGNMENT
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction.
21. NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of you and us and do not create any rights or benefits enforceable by any person who is not a party to these Terms.
22. FEEDBACK AND SUGGESTIONS
If you provide us with any feedback, comments, or suggestions about the Services, we may use such feedback, comments, or suggestions without restriction, and you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any feedback, comments, or suggestions you provide.
23. SURVIVAL
Any provisions of these Terms that by their nature should survive termination or expiration of these Terms, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination or expiration of these Terms.
24. COUNTERPARTS AND ELECTRONIC SIGNATURES
These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Your electronic acceptance of these Terms, whether by clicking “I Agree” or by using the Services, shall be deemed to be your original signature for all purposes.
25. DISPUTE RESOLUTION
25.1. Informal Resolution
Before initiating any formal dispute resolution proceedings, you and we agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through good faith negotiations. If the dispute cannot be resolved through such negotiations within thirty (30) days of either party’s written notice of the dispute, either party may initiate formal dispute resolution proceedings in accordance with these Terms.
25.2. Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved through informal resolution shall be resolved by binding arbitration administered by a reputable arbitration organization under its applicable rules. The arbitration shall be conducted by a single arbitrator and shall take place in the jurisdiction in which our company is incorporated. The arbitrator’s decision shall be final and binding on both parties.
25.3. Class Action Waiver
You and we agree that any arbitration or court proceeding shall be limited to the dispute between you and us individually. To the fullest extent permitted by law, (a) no arbitration or legal proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
25.4. Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek relief in a court of competent jurisdiction for matters relating to infringement or misappropriation of intellectual property rights, or to seek a temporary restraining order, preliminary injunction, or other equitable relief to prevent or restrain a breach of these Terms.
26. ADDITIONAL POLICIES AND AGREEMENTS
26.1. Incorporation of Additional Policies
These Terms incorporate by reference any additional policies and agreements applicable to the Services, including but not limited to our Privacy Policy, Copyright Policy, and any other guidelines or rules we may post on our website or through the Services.
26.2. Conflicting Terms
In the event of any conflict or inconsistency between these Terms and any additional policies or agreements incorporated by reference, these Terms shall control, unless expressly stated otherwise in the applicable additional policy or agreement. PRIVACY POLICY
27. FAIR USAGE POLICY
Multistream.pro offers unlimited plans for its Service. However, the Service is intended for normal, individual use and not for commercial, use or resale unless agreed on otherwise. Multistream.pro reserves the right to enforce a fair usage policy to ensure that its unlimited plans are used for their intended purpose.
Excessive usage that is inconsistent with normal, individual use and that affects the normal operation of the Service for other users, such as excessive bandwidth consumption, may result in Multistream.pro taking action to restrict or limit such usage, including but not limited to throttling, suspension or termination of the Account. In the event that Multistream.pro determines that a user’s usage of the Service is excessive or inconsistent with normal, individual use, Multistream.pro will make a reasonable attempt to notify the user and provide an opportunity to reduce such usage to a level consistent with normal, individual use.
This fair usage policy is subject to change at any time and Multistream.pro reserves the right to modify this policy in its sole discretion, without notice.