Terms of Use

Last Updated: September 29, 2020

Contents:

1. Binding Agreement

This is a binding contract ("Terms") that govern your access to and use of polystreamer.com (the Site), as well as all content, products, and services available at or through the Site (collectively, the "Services".) Our Services are 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, PolyStreamer's Privacy Policy), and procedures that may be published from time to time by PolyStreamer (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

2. Who's Who

Throughout these Terms, PolyStreamer (also "we", "us", "our") refers to PolyStreamer, LLC, of Colorado, USA. While "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

PolyStreamer forwards video streams to specified target video platforms, social media, or custom destinations (collectively the "Target Platforms".)

3. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We 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.

When you create a PolyStreamer account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry - if you aren't interested in learning more, you can opt out of the marketing communication.

4. Minimum Age Requirements

Our Services are not directed to children. Account creation is only for those over the age of 18. By creating a PolyStreamer account, you represent that you are 18 years of age or older.

Children between ages 13 (or 16 in some countries) through 17 may only use the Services (1) with their parent or guardian's account, and (2) with their parent or guardian's express permission, and (3) under the direct supervision of their parent or guardian.

Children under the age of 13 are prohibited from using our Services.

5. General Representation and Warranty

You represent and warrant that your use of our Services:

6. Description of Service

PolyStreamer.com allows you to reach a larger audience by forwarding your video streams to multiple Target Platforms. A PolyStreamer account is required to use our Services. Our current plans and subscription rates are listed on our pricing page (and are subject to change.) Our services are designed to give you control over your video streaming, with custom destinations and push-button integration with popular social networks, as well as affordable, pay-for-what-you-use pricing.

These Terms cover acceptable use of the Services, as well as your rights and responsibilities related to such use.

7. Content Guidelines

The following restrictions apply to the content that you stream, including but not limited to video, audio, subtitles, graphics, animations, music, fonts, depictions, or other embedded content or data (collectively "Your Video Content"). In performing the Services, PolyStreamer forwards Your Video Content to your specified Target Platforms.

You hereby represent and warrant that:

8. Charges and Fees

Fees for Paid Services

Some of PolyStreamer's Services are offered for a fee (a "Paid Service"). By using a Paid Service, you agree to pay the specified fees including any one-time fees, recurring fees, or Metered Fees (fees incurred by usage, for example, Bandwidth Fees.) Payments may be in the form of a Subscription (recurring fees), and / or via Credits (purchased or earned credit). For Subscriptions, we'll bill or charge you in regular automatically-renewing intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your Account page, or by contacting the support team. Credits are applied as described in the Credits section. For Metered Fees, you pay us for charges accrued in the past billing period. Metered Fees are ongoing, and may be levied even after an account is canceled for services rendered before the account was canceled. All prices are in USD unless otherwise specified.

Payment

If your payment fails, or your bill is not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately and without notice cancel or revoke your Subscription or your access to the Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.

Automatic Renewal

To ensure uninterrupted service, you may enroll in a Subscription for the Service. Subscriptions are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee, as well as any usage-based charges incurred buring the billing period. By default, your Subscription will be renewed for the same interval of time as your original subscription period. We may charge your account up to three days before the end of the subscription period. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date and billing history for your Subscription by visiting your Account page. If you forget to cancel your Subscription and it renews, refer to our Refund Policy.

Canceling Automatic Renewal

You can manage and cancel your Subscription from your Account page, or with proper identification, by emailing support@polystreamer.com. Canceling may render Paid Services inaccessible, and you will still receive a final bill with outstanding Metered Fees, if applicable.

Metered Fees

Paid Services may include Metered Fees, such as the Bandwidth Fee or other per-use add-ons. If your account has Credits, Metered Fees will be instantly deducted from available Credits. In the case of a Subscription, Metered Fees are incurred during the course of the subscription period, and will be applied to the bill following the usage. When a Subscription is canceled, a final bill will be assessed for any outstanding Metered Fees. You expressly agree to pay for any and all Metered Fees incurred, even upon or after cancelation of your subscription.

Bandwidth Fee Calculation

PolyStreamer calculates the Bandwidth Fee to forward your stream on to some number of Target Platforms. For a given video stream, the Bandwidth Fee is calculated as the number of Target Platform outputs times the number of gigabytes of video times the cost per gigabyte, rounded up to the nearest cent. The cost per gigabyte may be tiered or adjusted based on usage, bitrate, or other factors. We provide a calculator to help you estimate your fees under your circumstances.

Fee Changes

We may change our fees at any time, or start charging fees for Services that were previously free. When a fee change affects your account, we may give you advance notice of the fee changes. If you don't agree with the fee changes, your only recourse is to cancel your Paid Service.

Credits

You may purchase, earn, or otherwise receive Credits in your account. Credits are non-refundable, non-transferrable, and have no monetary value outside the Service. Credits are automatically applied toward your Metered Fees. If you do not have a recurring Subscription, Credits will be deducted daily in the amount of 0.0329 times the base subscription price defined by your plan (rounded up to the nearest cent).

Refund Policy

While you may cancel a Subscription at any time, refunds are issued in our sole discretion. Given that our monthly plan rates are so low, we do not offer prorated refunds. Our Refund Policy is designed to protect users who forget to cancel an unsed Subscription, and works as follows:

Carrier Bandwidth Charges

Many carriers, networks, and services (for example, your Internet service provider, cell carriers, and wi-fi hotspots) charge fees for bandwidth usage. We'll describe "Your Internet Provider" as the collection of networks and providers which connect Your Device (whether a laptop, mobile phone, or hardware encoder) to the Internet. Your Internet Provider is a third party to this agreement, and you may have a separate agreement with them. The video you stream to PolyStreamer's servers first passes through Your Internet Provider, and you may incur charges for this use. You are responsible for any and all charges incurred by Your Internet Provider. These charges are not covered by your PolyStreamer subscription fees.

Taxes

To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

9. Target Platforms Disclaimer

Target Platforms are third parties to this agreement, and you may have separate agreements with them. Any charges icurred by the Target Platform are not covered by your PolyStreamer subscription fees.

10. Prohibited Content

PolyStreamer's goal is to help content creators (like you!) distribute educational, uplifting, and positive videos to the world. While no set of criteria could completely and concisely capture that goal, the following types of content are expressly prohibited, including but not limited to content that depicts or promotes:

For topics not specifically mentioned in this list, know that we look to the community guidelines of YouTube, Instagram, and Facebook as an example. In short, if you wouldn't share it on social media, don't send it through PolyStreamer.

PolyStreamer, at its sole discretion, shall determine whether content streamed on its Services constitutes Prohibited Content. PolyStreeamer may, at its sole discretion, at any time, with or without notice, take disciplinary actions against any user or account found to be streaming Prohibited Content, including but not limited to (1) issuing warnings, (2) terminating accounts, (3) blocking of users or IP addresses, or (4) in cases of illegal activity, cooperating with authorities.

At its sole discretion, PolyStreamer reserves the right to refuse services (for example, the ability to create an account, or the forwarding of video streams) to any user, account, Target Platform, custom destination, IP address, domain, or server it deems as dealing in Prohibited Content.

You agree, in the event of any disciplinary actions against you, or any other breach of these Terms, that your account and any subscription fees may be forfeit, and your sole recourse is to contact PolyStreamer to appeal the decision.

11. Your Video Content, Rights & Permissions

PolyStreamer allows you to stream Your Video Content to multiple destinations through the use of our Services. PolyStreamer does not claim any right, title, or interest in Your Video Content. You grant us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to transmitting, buffering, storing, and distributing Your Video Content.

Your responsibilities with respect to Your Video Content are outlined in the Content Guidelines, and the Privacy of Your Video Content is described in the Privacy Policy.

12. Our IP and Trademarks

The Services and all materials contained therein, including, without limitation, PolyStreamer logo, and all designs, text, graphics, pictures, information, software, and other data, and the selection and arrangement thereof (collectively, the "PolyStreamer Materials") are the property of PolyStreamer or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use PolyStreamer Materials strictly within accordance with these Terms and for the sole purpose of enabling you to use the Services.

Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any PolyStreamer or third-party trademarks.

13. Privacy

PolyStreamer's Privacy Policy details how we collect, store, and share user information. It's terms are hereby included in these Terms.

14. Termination

You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would disrupt the Services, disrupt others' use of the Services, or that could be deemed illegal.

15. Linked Sites

This Site may contain links to third party websites ("Linked Sites"). These Linked Sites are provided as a convenience to our users. PolyStreamer does not control or endorse any Linked Sites and is not responsible for the content, security, or privacy thereof. Please be cautious when following links away from the Site.

16. Warranty Disclaimer

THE SITE, INFORMATIOM, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". POLYSTREAMER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, AVAILABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. POLYSTREAMER DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO A) ERRORS OR OMISSIONS IN THE SITE OR SERVICES, B) THE UNAVAILABLILITY OF ANY PART OF THE SITE OR SERVICES, C) YOUR USE OF THE SITE OR SERVICES, D) YOUR USE OF ANY EQUPIMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR SERVICES. POLYSTREAMER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES, AS WELL AS ANY LINKED SITES, IS AT YOUR OWN RISK.

17. Limitation of Liability

Except where prohibited by law, in no event shall PolyStreamer be held liable to you for any direct, indirect, consequential, exemplary, incidental, or punitive damages, including but not limited to loss of income.

If PolyStreamer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the site, you agree that the total liability shall in no event exceed the greater of (1) the total of any subscription or similar fees paid in the six months prior to the date of initial claim made against PolyStreamer, or (2) $10 USD.

18. Indemnification

You agree to indemnify and hold harmless PolyStreamer, its owners, officers, employees, subsidiaries, affiliates, investors, and successors in interest from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with your use of the Services. PolyStreamer may, at its sole discretion, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of PolyStreamer.

19. Governing Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the State of Colorado, excluding any conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Jefferson County, Colorado.

20. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys' fees.

Exceptions to Agreement to Arbitrate

Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.

No Class Actions

You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

21. Changes to These Terms

PolyStreamer is a fast-moving start-up, and we're regularly updating our Services, which means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of PolyStreamer, or by the posting by PolyStreamer of a revised version. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services after the notice period will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Change Log:

September 29, 2020: Initial Version
January 1, 2021: Clarified billing, Metered Fees and Refund Policy

License of this document

This Terms of Use document is licensed under the CC BY-SA 4.0, as language used herein is based on the Automattic legalmattic project.