1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE
iStream ("we" or "us") provides an online video service offering a selection of television shows, movies , clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by iStream in connection with its business, however accessed, are referred to collectively as the "iStream Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"): the iStream.com website(the "iStream Site");
Use of the iStream Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use ("Terms of Use" or "Terms") and any end user license agreement that might accompany a iStream application, feature or device. Certain iStream Services are provided to you free-of-charge. There are some other iStream Services that, if you are interested in accessing, will require payment by you.
It is our pleasure to provide the iStream Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the iStream Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the iStream Site or using any of the iStream Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: contact@istream.com
2. CHANGES TO THE TERMS OF USE BY ISTREAM
iStream may amend these Terms of Use at any time by posting the amended Terms of Use on the iStream Site at http://www.iStream.com/terms. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the iStream Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.
3. ACCESS AND USE OF THE ISTREAM SERVICES
Age Limitations. If you are under the age of 18, then you are not permitted to register with iStream or use any feature or other part of the iStream Services that requires registration. In order to subscribe to iStream's paid services, you must be at least 18 years of age.
Your License. iStream is pleased to grant you a non-exclusive limited license to use the iStream Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any Content or any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly first permitted by iStream in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly first permitted by iStream in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless first authorized by iStream in writing. You may not build a business, community, organization etc utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly first permitted by iStream in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You will be able to use the video player OSMF to view istream content. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Ownership. You agree that iStream owns and retains all rights to the iStream Services. You further agree that the Content you access and view as part of the iStream Services is owned or controlled by iStream and iStream's licensors. The iStream Services and the Content are protected by copyright, trademark, and other intellectual property laws.
4. YOUR RESPONSIBILITES
In order for us to keep the iStream Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the iStream Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the iStream Services, Content, Video Player restrictions detailed above, and further agree that you will not access the iStream Site or use the iStream Services in a way that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the iStream Services (including the Content) that is not authorized by iStream (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the iStream Services);
involves accessing the iStream Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the iStream Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the iStream Services, including iStream's servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the iStream Services (including the Content);
uses the iStream Services to advertise or promote services that are not expressly approved in advance in writing by iStream;
collects personally identifiable information in violation of iStream's Privacy Policy;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by iStream;
interferes with any other party's use and enjoyment of the iStream Services; or
attempts to do any of the foregoing.
If iStream determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the iStream Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the iStream Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the iStream Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the iStream Services, you acknowledge that you will have caused substantial harm to iStream and that the amount of such harm would be extremely difficult to measure.
Downloads. In order to participate in certain iStream Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the iStream Services (including the Content and the devices through which the iStream Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that iStream may do so in iStream's sole discretion. You also agree that iStream will not be liable to you for any modification, suspension, or discontinuance of the iStream Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by emailing –
support@istream.com It would be our pleasure to serve you.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with iStream. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any iStream representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please also make sure to notify us if your registration information changes, in case we need to contact you. Please notify us by emailing us at support@istream.com
You may terminate your account by signing in (if you aren't) going to 'Settings' under 'Profile', choose 'Account Settings', follow the instructions and choosing the "Deactivate account" option. Please provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate or restrict your account or your use of the iStream Services or access to Content at any time, without notice or liability, if iStream determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the iStream Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the iStream servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about iStream's policies and practices regarding the collection and use of your personally identifiable information, please read iStream's Privacy Policy located here. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the iStream Site and use of the iStream Services on any of the Properties are governed by the iStream Privacy Policy in effect at the time of your use.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the iStream Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the iStream Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the iStream Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. We advise that you do not, and you should also be careful if you decide to, Post any personally identifiable information, such as your name, email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant iStream the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. iStream will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that iStream does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to iStream. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant iStream a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the iStream Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to iStream is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to iStream), fully-paid, royalty-free (meaning that iStream is not required to pay you for the use of your User Material), and sublicensable (so that iStream is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the iStream Services). By Posting your User Material, you also hereby grant each user of the iStream Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the iStream Services and under these Terms of Use.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. iStream does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of iStream. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does iStream assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against iStream with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. by emailing us at feedback@istream.com (subject line: "Inappropriate User Material").
8. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that iStream operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the iStream Services, we will not warn you that you have left the iStream Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the iStream Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination. iStream is not responsible for the content or practices of any website or destination other than the iStream Site, even if it links to the iStream Site and even if the website or destination is operated by a company affiliated or otherwise connected with iStream. By using the iStream Services, you acknowledge and agree that iStream is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the iStream Site.
Advertisements. iStream takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the iStream Services are between you and the advertiser, and you agree that iStream is not liable for any loss or claim that you may have against an advertiser.
9. TRADEMARKS
iStream, the iStream logo, www.iStream.com, and other iStream marks, graphics, logos, scripts, and sounds are trademarks of A2 Media Pvt. Ltd.. None of the iStream trademarks may be copied, downloaded, or otherwise exploited.
10. UNSOLICITED SUBMISSIONS
It is iStream's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. iStream's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any iStream creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE ISTREAM SERVICES, YOU AGREE THAT USE OF THE ISTREAM SERVICES IS AT YOUR OWN RISK. THE ISTREAM SERVICES, INCLUDING THE ISTREAM SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ISTREAM DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE ISTREAM SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
1. IN NO EVENT SHALL ISTREAM OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "ISTREAM PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO 1. THE USE OF THE ISTREAM SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), 2. CONTENT ON WWW.ISTREAM.COM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE ISTREAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE ISTREAM SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ISTREAM PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE ISTREAM SERVICES (INCLUDING YOUR USE OF THE CONTENT). ISTREAM RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the iStream Services, including through a link, infringes your copyright, you should notify iStream of the same by emailing us at support@istream.com (Subj: Alleged Copyright Infringement) to enable us to look into it.
13. GENERAL INFORMATION
International Use. We are a company based in India . iStream's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where iStream does not have rights or does not offer services is prohibited.
Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of India without giving effect to principles of conflicts of law. In the event of a claim by you against iStream, you agree to submit to the exclusive jurisdiction of the courts located in Bangalore, India . In the event of a claim by iStream against you, you agree to submit to the jurisdiction of the courts located where iStream pursues its claim against you, which may include courts in Bangalore India .
No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at feedback@istream.com (subject line: "TOU Violation"). Precisely how iStream responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon iStream's precise response with respect to one party or one situation as any indication of what iStream might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, iStream's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if iStream acts in a way that appears to you to be inconsistent with these Terms of Use, iStream's action shall not be deemed a waiver or constructive amendment of these Terms.
Integration, Amendment, and Severability. Please note that these Terms of Use, including iStream's Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany iStream authorized applications, features and devices, constitute the entire legal agreement between you and iStream and govern your use of the iStream Services (including your use of the Content) (but excludes any services, if any, that iStream may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and iStream in relation to the iStream Services. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by iStream. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or "signed" writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Copyright AFP or Agence France-Presse, 2011
AFP text, photo, graphic, audio or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use. AFP will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service, AFP does not obtain releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or quoted in its texts. Further, no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP material. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP material.
Copyright Reuters, 2013
This website includes material which is copyright 2013 Reuters. All rights reserved.
Reuters content is the intellectual property of Reuters or its licensors. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors in content or for any actions taken in reliance thereon. Reuters and the Reuters sphere logo are trademarks and registered trademarks of the Reuters Group of Companies around the world. For additional information on Reuters photographic services, please visit the web site at http://www.reuterspictures.com”.
Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the iStream Services!