Terms of Service and Use

Terms of Service and Use:

The following terms and conditions govern all services and use of the onstreaming.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by OnStreaming™, LLC. (“OnStreaming”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OnStreaming’s Privacy Policy and Community Guidelines) incorporated into this Terms of Service and Use by this reference that may be published from time to time on this Site by OnStreaming™ (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become legally bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by OnStreaming™, acceptance is expressly limited to these terms.

  1. The Website is available only to individuals who are at least 13 years old. Some services on this Site may be subject to a different age and other eligibility requirements.
  2. Your onstreaming.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and comments, and you are fully responsible for all activities that occur under the account by you or any other person using your account and any other actions taken in connection with your account. You must not describe or assign keywords to your comments in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and OnStreaming™ may change or remove any comment, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause OnStreaming™ liability. You must immediately notify OnStreaming™ of any unauthorized uses of your account or any other breaches of security. OnStreaming™ will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  3. Responsibility of Contributors. If you post to our blog, comment on a blog post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your post is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your post’s title is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by OnStreaming or otherwise.

    By submitting Content to OnStreaming™ for inclusion on our Website, you grant OnStreaming™ an irrevocable, unrestricted, perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in any format and in any medium, including for the purpose of displaying, distributing and promoting our Website. If you delete Content, OnStreaming™ will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, OnStreaming™ has the right (though not the obligation) to, in OnStreaming’s sole discretion, review and (i) refuse or remove any content that, in OnStreaming’s reasonable opinion, violates any OnStreaming™ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. OnStreaming™ will have no obligation or responsibility to you or any third party for failing to do so, nor will it have an obligation to provide a refund of any amounts previously paid by you if you are denied access or your account is terminated pursuant to this Section.

  4. Payment and Renewal.
    • General Terms.
      By selecting a “Premium” product or service, you agree to pay OnStreaming™ the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
      Unless you notify OnStreaming™ before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to OnStreaming™ in writing.
  5. Services.
    • Fees; Payment. Your “Basic” onstreaming.com account is provided FREE OF CHARGE and there are no monthly payments or recurring charges. In the future, we will offer an ad-free “Premium” account which will require a monthly fee and new agreement. You must be 18 years or older to purchase any Premium account. OnStreaming™ reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. You may close your onstreaming.com account at any time. Purchases may be processed by third-parties and subject to the terms of use and services and privacy policies of such third party processors. We do not accept any responsibility for your losses and damages, including any data breach relating to your purchases with a third-party processor. You are responsible for any transactions using your personal and financial information with a third party processor including any additional fees they may charge.
    • Support. onstreaming.com does not guarantee “email support” to members with a “Basic” account. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by OnStreaming™ to respond within one business day) concerning the use of the our “Premium” services. All support will be provided in accordance with OnStreaming standard services practices, procedures and policies. You are solely responsible to insure that your devices meet certain specifications, configurations and other requirements to use the paid or unpaid features of this Site.
    • Watchlist. You may save your watchlist by creating an account and using the “Add To Watchlist” feature. You may use the “Add To Watchlist” feature without creating an account but you may lose your watchlisted items if you clear your cookies or clear your browser cache. We are not responsible for maintaining your personal Watchlist or restoring any information that my be lost during any website interaction.
  6. Responsibility of Website Visitors. OnStreaming™ has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, OnStreaming™ does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OnStreaming™ disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which onstreaming.com links, and that link to onstreaming.com. OnStreaming™ does not have any control over those non-OnStreaming websites and webpages, and is not responsible for their contents or their use. By linking to a non-OnStreaming website or webpage, OnStreaming™ does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OnStreaming™ disclaims any responsibility for any harm resulting from your use of non-OnStreaming websites and webpages.
  8. Copyright Infringement. As OnStreaming asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by onstreaming.com violates your copyright, you are encouraged to notify OnStreaming™ by writing to PO Box 2556, Toluca Lake, CA 91610-2556. OnStreaming™ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. OnStreaming™ will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OnStreaming™ or others. In the case of such termination, OnStreaming™ will have no obligation to provide a refund of any amounts previously paid to OnStreaming™.
  9. Intellectual Property. This Agreement does not transfer from OnStreaming™ to you any OnStreaming™ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OnStreaming™. OnStreaming™, onstreaming.com, the onstreaming.com logo, and all other trademarks, service marks, graphics and logos used in connection with onstreaming.com, or the Website are trademarks or registered trademarks of OnStreaming™ or OnStreaming’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any OnStreaming™ or third-party trademarks.
  10. Advertisements. OnStreaming™ reserves the right to display advertisements on the Website unless you have purchased an ad-free account. Your engagement with and use of services offered by advertisers and other promotions on the Site are solely between you and such advertiser or promoter. We shall not be liable to you in any way in connection with your engagement and use of services.
  11. Partner Products. OnStreaming™ may feature sponsored products and/or services for which we are being compensated.
  12. Contests and Sweepstakes.  OnStreaming™ or third-parties may from time to time conduct promotions including contests and sweepstakes subject to additional terms and rules provided.
  13. No Endorsements. The use of URLs or hyperlinks or re-direction of your connection from the Site to, any third-party websites, content, data, information, applications, goods, services or materials does not constitute an endorsement by OnStreaming™, nor does it constitute an endorsement by any such third-party of this Site. OnStreaming™ is not liable for any third-party services, including their collection and use of personal and other information, whether the services’ or Onstreaming’s logo and/or sponsorship identification is on the third-party services as part of a co-branding or promotional arrangement or otherwise.
  14. Changes. OnStreaming™ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OnStreaming™ may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement as amended from time to time. You agree that we are not liable to you for any modification or discontinuance of the services or any part of this agreement. 
  15. Termination. OnStreaming™ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your onstreaming.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by OnStreaming™ if you breach this Agreement and fail to cure such breach within thirty (30) days from OnStreaming’s notice to you thereof; provided that, OnStreaming™ can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  16. Disclaimer of Warranties. The Website is provided “as is”. OnStreaming™ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OnStreaming™ nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  17. Limitation of Liability. To the fullest extent permissible by law, OnStreaming™, its successors, assigns, officers, directors, employees, members, agents, suppliers, advertisers, partners, or licensors, shall not be liable for any loss or damage of any kind under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, compensatory, special, incidental, consequential, or punitive damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss, breach, or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OnStreaming™ under this Agreement during the twelve (12) month period prior to the cause of action. OnStreaming shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. (v) OnStreaming™ is not responsible for the accuracy of any information or pricing provided on the Website.
  18. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the OnStreaming™ Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  19. Indemnification. You agree to indemnify and hold harmless OnStreaming™, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  20. DISPUTE RESOLUTION AND ARBITRATION. As a material condition of this Agreement, you and ONSTREAMING (collectively “the Parties”) agree, that prior to initiating any legal action, the Parties shall engage in written communications with each other in connection with any dispute arising from this Agreement and your use of the Site, and use best efforts for a period of no less than 30 days to amicably resolve any such dispute. Any such communications should be directed in writing to writing to PO Box 2556, Toluca Lake, CA 91610-2556. IF, THEREAFTER, WE DO NOT REACH A MUTUTALLY SATISFACTOTY RESOLUTION, THE PARTIES AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE PERFORMANCE, BREACH, ENFORCEMENT, EXISTENCE OR VALIDITY OF THE MATTERS PROVIDED FOR IN THIS AGREEMENT OR YOUR USE OF THE SITE, THIS PROVISION TO ARBITRATE OR THE SCOPE OF THIS ARBITRATION PROVISION, MUST BE RESOLVED THROUGH PRIVATE AND CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION BEFORE JAMS, PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES LOCATED AT WWW.JAMS.ADR.COM, INCORPORATED HEREIN BY THIS REFERENCE. ALL CLAIMS WILL BE ARBITRATED BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED OR JOINED IN ANY ARBITRATION WITH ANY CLAIM OF ANY OTHER PARTY. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR ONSTREAMING MAY FILE A COMPLAINT IN SMALL CLAIMS COURT, AND YOU OR ONSTREAMING MAY AT ANY TIME BRING SUIT IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANAGLES AGAINST THE OTHER IN RELATION TO CLAIMS BASED ON INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY AND/OR MISAPPROPRIATION OF TRADE SECRETS AND THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY.
    NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. THE PARTIES ALSO AGREE TO ARBITRATE IN AN INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND THE PARTIES WAIVE ANY RIGHT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. The Parties agree to keep confidential, the arbitration proceeding and shall not disclose the fact of the occurrence of the arbitration, any documents which are part of the arbitration, the arbitration proceedings, the arbitrator’s decision and the existence or amount of any arbitration award. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST ONSTREAMING FOR CLAIMS THAT ARE COVERED BY THIS AGREEMENT TO ARBITRATE. THE ARBITRATOR’S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
  21. Miscellaneous. This Agreement constitutes the entire agreement between OnStreaming™ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of OnStreaming™, or by the posting by OnStreaming™ of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement. OnStreaming™ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.