Thank you for using the StreamAPI application programming interface (“StreamAPI"), the easiest and most cost effective way to incorporate live streaming video into your website or application. Before you begin using StreamAPI, you must read and agree to the StreamAPI Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
Universal Terms of Service – AVC’s general terms and conditions, located at http://stickam.com/viewUniversalTerms.do
Privacy Policy – How we maintain and protect your personal information, located at http://stickam.com/about/privacy.do
Eligibility
SreamAPI is only available to users who have created a StreamAPI account by completing a registration application and registering a valid user name and password. You must be at least 18 years of age if you wish to register for a StreamAPI Account.
Your StreamAPI account is solely for your personal use and is not transferable. You shall not authorize others to use your user name. AVC reserves the right to cancel your StreamAPI account and user name at any time, for any reason, in its sole discretion.
User Name and Password
You must have a valid email address in order to register for a user name and password. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that AVC considers in its sole discretion as being inappropriate.
You are solely responsible for the use and maintenance of your user name and password. You agree to notify AVC of any unauthorized use of your user name or any other breach of security, and to ensure that you exit from your Account at the end of each session.
Charges
To use StreamAPI you must pay a Fee in accordance with the Fee Schedule. You agree that AVC may charge to your credit card or other payment mechanism selected by you and approved by AVC (“your Account”) all amounts due and owing, if any, associated with your use of StreamAPI. AVC may change prices at any time without prior notice. You agree that in the event AVC is unable to collect the Fees owed to AVC for the services provided through your Account, AVC 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 AVC in connection with such collection activity, including collection Fees, court costs and attorneys’ Fees. You further agree that AVC 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.
Limited License to Use Services
As long as you are in compliance with this Agreement and with the payment requirements for the StreamAPI services (the “Services”), AVC hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicenseable right and license to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by AVC that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by AVC.
Permitted Uses
Provided that you comply with the terms of this Agreement and our policies and procedures including the Acceptable Use Policy:
(a) You may write a software application or Website (an "Application") that interfaces with the Services.
(b) You and any Applications that you may build, distribute, or otherwise create may make network calls or requests to the Services at any time that the Services are available provided that those requests do not violate the terms of the Acceptable Use Policy or other terms of this Agreement.
(c) You may use the Services to execute Applications owned or lawfully obtained by you. You are solely responsible for your Applications, including any data, text, images or content contained therein.
You acknowledge that we may change an API for any Service from time to time, with or without notice to you, and that it is your responsibility to ensure that calls or requests you make to or via our Service are compatible with the most current API for that Service.
You are personally responsible for all traffic originating from your Applications using your account credentials to the Services. As such, you should protect your authentication keys and security credentials. Actions taken using your credentials shall be deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties.
Representations and Warranties
You represent and warrant that: (i) the information you provide in connection with your registration for the Services is accurate and complete; (ii) you are duly authorized to do business in the jurisdiction where you operate; and (iii) you are an authorized representative of your entity duly authorized to access the Services and to legally bind you to this Agreement and all transactions conducted under your account.
You represent and warrant that you will not use the Services, your Application or your Content in a manner that violates the Acceptable Use Policy or these Terms of Service. You agree that AVC, in its sole discretion shall have the right (but not the duty) to monitor any and all materials transmitted through AVC’s network to ensure that they conform to our Acceptable Use Policy or these Terms of Service.
You represent and warrant: (i) that you are solely responsible for the development, operation, and maintenance of your Application and for your content, including without limitation, the accuracy, appropriateness and completeness of your content and all product-related materials and descriptions; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your Application and your content; (iii) that neither your Application nor your content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither your Application nor your content contains any harmful components; and (v) to the extent to which you use any of the AVC Marks, that you will conduct your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of AVC. You also represent and warrant that you are responsible for any charges incurred by virtue of your use of your Application, even if your Application acted in error.
You agree to abide by all applicable local, state, national, foreign and international laws and regulations and that you will be solely responsible for all acts or omissions that occur under your account or password, including the content transmitted through AVC’s network by your Application.
In addition to the foregoing, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of your Application and for all materials that appear on or within your Application and you agree that you shall, without limitation, be solely responsible for: (a) the technical operation of your Application and all related equipment; (b) the accuracy and appropriateness of any materials posted on or within your Application (including, among other things, any product-related materials); (c) ensuring that any materials posted on your site or within your Application do not violate our Acceptable Use Policy, are not illegal and do not promote illegal activities, including without limitation any activities that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers; and (e) any of your users' or customers' claims relating to your Application or any Services utilized in connection with your Application.
Trademarks
For purposes of this Agreement, AVC hereby grants to you a non-transferable, non-sublicenseable, non-exclusive license during the Term of this Agreement to display the trade names, trademarks, service marks, logos, domain names of AVC (each, an “AVC Mark”) for the purpose of promoting or advertising that you use the StreamAPI Services. In return you hereby grant AVC a non-transferable, non-sublicenseable, non-exclusive license during the Term of this Agreement to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that you use the Stream API Services. Nothing contained herein shall require you to display AVC Marks. However, in using AVC Marks, you may not: (i) display an AVC Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by AVC; (ii) use AVC’s Marks to disparage AVC or its products or services; or (iii) display an AVC Mark on a site that violates any law or regulation. Notwithstanding the above, AVC may determine in its sole discretion whether its marks may be used in connection with your Application. Other than as specified in this Agreement, you may not use any AVC Mark unless you obtain our prior written consent.
Term, Termination and Suspension
The term (“Term”) of this Agreement will commence once you accept this Agreement as provided above, and will remain in full force while you use the Services. You may terminate the Services at any time, for any reason by sending a request to cancel your subscription by email to support@streamapi.com. Unless otherwise provided in writing, AVC may suspend your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time by providing you thirty (30) days' advance notice and we may suspend your right and license to use the Service or terminate this Agreement in its entirety (and, accordingly, your right to use the Services), for cause effective as set forth below:
(a) Immediately upon our notice to you if (i) you violate any provision of the Acceptable Use Policy or we have reason to believe that you have violated the Acceptable Use Policy, (ii) there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
(b) Immediately and without notice if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism.
(c) Five (5) days following our provision of notice to you if you breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within such 5-day period.
Effect of Suspension or Termination
(a) Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you, notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
(b) Upon termination of this Agreement for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; and (ii) all of your rights under this Agreement shall immediately terminate.
Downtime and Service Suspensions
In addition to our rights to terminate or suspend Services to you as described above, unless otherwise provided in writing, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). AVC shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able; we will endeavor to provide you 48-hours notice prior to any scheduled Service Suspension but shall have no liability for the manner in which we may do so or if we fail to do so.
Intellectual Property
AVC Intellectual Property. Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the AVC Marks; and (iv) any other technology and software that we provide or use to provide the Services. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the AVC Marks, or such other technology and software, except for the limited use and access rights described in this Agreement.
Your Intellectual Property. Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from AVC Properties, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data you may send to us or use as part of your use of any Services ("Your Content"); and (ii) Your Applications.
Your Assignment of Rights. In the event you elect to communicate to us suggestions for improvements to the Services, or the AVC Marks (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to AVC via comments, forums, emails and the like (collectively, “Communications”) shall be considered the property of AVC. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
Copyright Infringement
AVC has in place certain legally mandated procedures regarding allegations of copyright infringement. AVC has adopted a policy that provides for the immediate suspension and/or termination of any StreamAPI user who is found to have infringed on the rights of AVC, or of a third party, or otherwise violated any intellectual property laws or regulations. AVC’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want AVC to delete, edit, or disable the material in question, you must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AVC’s designated Agent for Notice of Claimed Infringement. AVC’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:
By mail to:
Copyright Agent
Advanced Video Communications, Inc.
633 West 5th Street, Suite 6800
Los Angeles, California 90071
Or by email to: copyright@streamapi.com
If you have been notified by AVC that your Content has been removed (or access to it was disabled) in response to a notification of infringement, and you believe that your Content is not infringing, or that you are using the Content in a manner authorized by the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address. If a counter-notice is received by the Copyright Agent, AVC may send a copy of the counter-notice to the original complaining party informing that person that AVC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against AVC, or you, the removed content may be replaced, or access to it restored, within a commercially reasonable time.
Privacy Policy
For information concerning our data collection practices, please see our Privacy Policy accessible at http://streamapi.com/privacy.do.
DISCLAIMER OF WARRANTIES
AVC CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE STREAMAPI WEBSITE AND SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, AVC HEREBY DISCLAIMS ALL WARRANTIES. AVC IS MAKING THE STREAMAPI WEBSITE AND THE SERVICES AVAILABLE "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE STREAMAPI WEBSITE AND THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE STREAMAPI WEBSITE OR THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. AVC DOES NOT WARRANT THAT THE STREAMAPI WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE STREAMAPI WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE STREAMAPI WEBSITE PR THE SERVICES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE STREAM API WEBSITE AND THE SERVICES ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVC AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
LIMITED LIABILITY
AVC’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AVC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE STREAMAPI WEBSITE OR THE SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE ONE (1) MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AVC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF THE STREAMAPI WEBSITE OR THE SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, THE INFRINGEMENT BY YOU, YOUR CUSTOMERS, OR USERS OF YOUR APPLICATION, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR RELATING TO YOUR APPLICATION OR ANY SERVICES UTILIZED IN CONNECTION WITH YOUR APPLICATION.
Choice of Law and Forum
StreamAPI is controlled and operated by AVC from its offices in the State of California. AVC makes no representation that StreamAPI is available or appropriate for use in other locations. Your use of or access to StreamAPI should not be construed as AVC purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. If there is any dispute about or involving StreamAPI and/or this Agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Modifications
AVC may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify StreamAPI, and (c) discontinue StreamAPI at any time. AVC shall Post any revision to this Agreement to StreamAPI.com, and the revision shall be effective immediately upon such Posting. You agree to review these Terms of Service and other online guidelines posted on StreamAPI periodically to be aware of any revisions. You agree that, by continuing to use or access StreamAPI following the notice of any revision, you shall abide by any such revision. AVC shall not be liable for any damages or losses related to the modification, cancellation or termination of StreamAPI and/or this Agreement.
Other
All contents of StreamAPI are: copyright © Advanced Video Communications, Inc., 633 W. 5th Street, Suite 6800, Los Angeles, California 90071. Inaction or failure by AVC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein. The section headings in this Agreement are solely for convenience and have no legal or contractual significance.
This Agreement was last modified November 5, 2009