Terms of service
Last updated: 15 January 2015
1. Acceptance of Terms
IdoStream provides its Service (as defined below) to you subject to this Terms of Service agreement (“TOS”). IdoStream may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes. By continuing to use the Service, you signify your binding acceptance of the TOS, as published on the IdoStream website (“Site”).
2. Description of Service
The “Service” includes (a) the Site, (b) the services provided by the Site and by the IdoStream software made available through the Site, and (c) all data, text, images, sounds, video, and software made available through the Site or services (“Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3. Permission to Use the Service
You may access the Service provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with IdoStream. You acknowledge that IdoStream may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.
4. User Conduct
Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:
Using the Service to promote, conduct, or contribute to fraudulent and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children.
Using the Service to violate anyone’s privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, or to promote hatred towards any group of people.
Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
5. User ID
Some functions of this Service require registration by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. In registering to be a user, you represent that you are of legal age to form a binding contract. If you select a User ID that IdoStream, in its sole discretion, finds offensive or inappropriate, IdoStream has the right to suspend or terminate your account.
You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session, and (c) immediately notify IdoStream of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. IdoStream will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree that IdoStream, in its sole discretion and without notice or liability to you or any third party, may immediately terminate your User ID, and remove or discard from the Service any Content associated with your User ID. Grounds for such termination may include, but are not limited to, extended periods of inactivity or violation of the letter or spirit of this TOS.
6. Contributions to IdoStream or the Service
Your License to Us: Content
You will remain the owner of all communications, uploads, video, and other content you post, upload, store, or transmit through the Site (your “Content”). For the avoidance of doubt, you will remain the sole and exclusive owner of the Content. You grant IdoStream a non-exclusive, perpetual, world-wide, license to reproduce, transmit, display, disclose, perform, and otherwise use the Content in connection with the Site. In addition, IdoStream is free to use any ideas, concepts, techniques, know-how, and suggestions provided by Licensee to IdoStream in connection with the Site and IdoStream’s services and other products. You grant the other users of the Site, the viewers of your content, a non-exclusive license to reproduce, transmit, display, disclose, perform, and otherwise use your Content through the functionality of the Site.
8. Third-Party Content
You acknowledge that IdoStream does not comprehensively review contributions to the Service and that each contributor to the Service of data, text, images, sounds, video, and software is solely responsible for the accuracy, reliability, nature, and legal restrictions associated with their contribution.
In addition, the IdoStream Service may contain links to websites that are not owned or controlled by IdoStream. IdoStream assumes no responsibility for the content, privacy policies, or other practices of third-party websites. You are encouraged to read the terms and other policies of such websites. By using the Service, you agree that IdoStream shall not be liable in any manner due to your use of any third-party website.
You agree that IdoStream may charge to Your credit card or other payment mechanism selected by You and approved by IdoStream (�Your Account�) all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, overage fees, conferencing fees, or any other fee or charge associated with Your use of the Services. IdoStream may change prices at any time without prior notice. You agree that in the event IdoStream is unable to collect the fees owed to IdoStream for the Services through Your Account, IdoStream may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by IdoStream in connection with such collection activity, including collection fees, court costs and attorneys� fees. You further agree that IdoStream may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
9.1 Refund Policy
If you cancel your service 10 days prior to the event date, we will refund 100% of the service fee. If you cancel within 10 days prior to the wedding date we will refund you 50% of the service fee. However, if you cancel two days prior to your wedding date, no refund will be given. That’s because we open your channel for live broadcast testing two days prior to the wedding date. At that point the service is considered delivered.
10. PROPRIETARY RIGHTS
IdoStream and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of IdoStream’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
You may terminate this Agreement by providing written notice to IdoStream via e-mail to support@IdoStream.com. Such termination will be effective on the last day of the term, subject to (30) days prior written notice. If You fail to comply with any provision of this Agreement, IdoStream may terminate this Agreement immediately without notice. Sections 2 through 17, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control.
12. DISCLAIMER OF WARRANTIES
*READ THIS CAREFULLY* You understand and agree that your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis and to the fullest extent permitted by law, IdoStream expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. IdoStream makes no representations or warranties about the accuracy or completeness of the Content made available through the Service or the content of any websites linked to the Site. IdoStream does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and IdoStream will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from IdoStream or through the Service shall create any warranty not expressly stated in this TOS.
13. LIMITATION ON LIABILITY
*READ THIS CAREFULLY* TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IDOSTREAM OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF IDOSTREAM, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IDOSTREAM’S, ITS AFFILIATES, SUPPLIERS, AND RESELLERS, MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
You agree, at your own expense, to indemnify, defend, and hold harmless IdoStream, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service, or violation of this TOS by you or, when due to your cooperation or negligence, by someone else using your User ID.
15. Governing Law
This TOS shall be exclusively governed by and construed under the laws of State of Connecticut, USA, without giving effect to any choice-of-law or conflict-of-laws provisions. All legal claims, suits or actions related to this TOS will be subject to the jurisdiction of the courts of Tolland County, Connecticut, USA.
16. Waiver and Severability
The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the provisions of the TOS are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
17. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You can report abuse of these Terms to support@IdoStream.com.