Terms of Service
Welcome to MultiStream
Thank you for using MultiStream. The Services on the MultiStream channel platform are provided by MultiStream Limited, located at 502-3 Commercial House, 35 Queens Road Central, Hong Kong ("MultiStream"). The following Terms of Service (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 MultiStream Limited ("MultiStream") regarding your use of the MultiStream web site (located at www.multistream8.com) and other web sites, services and networks owned or controlled by MultiStream that allow for the distribution and reception of video, audio, and any other content, data or media types (the "MultiStream Service"). By accessing MultiStream - and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to MultiStream 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 MultiStream Service on behalf of a business, you hereby represent to MultiStream that you have the authority to bind that business and your acceptance of these Terms of Service will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Service. Our Services will grow over time so you may be asked to agree to new and improved services. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services. Please do not abuse or misuse our Services. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you in the event that you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not owned or protected by MultiStream. This content is the sole responsibility of the entity or user that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content we reasonably believe violates our policies or the law. MultiStream reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the MultiStream Service. Please check these Terms and any Policies periodically for changes. Your continued use of the MultiStream 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 MultiStream Service. From time to time, we may send you service announcements, administrative messages, and other information.
Your MultiStream Account
ou may need to register with MultiStream Account to use some of our Services. If you learn of any unauthorized use of your password or account, please notify us. If you become a registered member and create an account on the MultiStream 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. You agree to notify MultiStream of: any loss of your password or account identifiers; and any unauthorized use of your password or account identifiers. Without limiting anything in these Terms, MultiStream 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.
Your Content in our Services
MultiStream provides embeddable features for its media player. Subject to the terms and conditions of these Terms, MultiStream hereby grants you a limited, non-exclusive, freely revocable license to incorporate the embeddable player into your own personal, non-commercial websites and registered social network pages, provided that you include a prominent link back to the MultiStream Service on the pages containing the embeddable media player. You hereby represent and warrant that you shall not to circumvent, disable or otherwise interfere with security related features of the embeddable media 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 media player or the Material and third party Produced Content (including without limitation Audiovisual Content) therein.
MultiStream has functionality to search for and incorporate media and other content that is available on third party websites unrelated to MultiStream (the "Search Function"). For clarity, the disclaimer of warranties below applies to this search functionality. MultiStream has no responsibility for any content found on such third-party sites, and that MultiStream 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 MultiStream 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 below, you hereby indemnify and hold harmless MultiStream for any losses or liabilities arising out of your use of the Search Functionality or third party content.
Third Party Websites
Modifying and Terminating Accounts and Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service and/or an Account altogether. You can stop using our Services at any time. MultiStream may also stop providing Services to you, or add or create new limits to our Services at any time. MultiStream may also in its sole discretion and at any time discontinue providing access to the MultiStream 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 MultiStream Service or any account you may have or portion thereof may be effected without prior notice, and you agree that MultiStream 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 MultiStream may have at law or in equity. MultiStream does not permit copyright infringing activities on the MultiStream Service, and shall be permitted to terminate access to the MultiStream Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers. Should MultiStream terminate your Account for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of any purchase price paid for the unavailable service. We understand that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Privacy and Copyright Protection
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care but there are certain limitations to our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MULTISTREAM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AS IS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE MULTISTREAM SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE MULTISTREAM SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE MULTISTREAM SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF MULTISTREAM TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, MULTISTREAM, AND MULTISTREAM’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MULTISTREAM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, MULTISTREAM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify MultiStream and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. Please look at the terms on a regular basis. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between MultiStream and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If the result is that a particular term is not enforceable, this will not affect any other terms. The laws of Hong Kong, China will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the English language in the courts of Hong Kong China, and you and MultiStream consent to personal jurisdiction in those courts.
For information about how to contact MultiStream, please visit our support page.