Terms of Service
1. Your Acceptance
A. By using or visiting the Viblast website or any Viblast software (collectively the "Service"), you signify your agreement to these terms and conditions (the "Terms of Service").
B. Viblast reserves the right to change these Terms at any time. Please check periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. The changes will be effective fifteen (15) days after they are initially posted on the Viblast website(s).
A. These Terms of Service apply to all users of the Service, including users who are just testing a demo of their own Content on the Service. “Content” includes videos and other materials you may view on, access through, or provide for testing of the Service. The Service includes all aspects of Viblast, including but not limited to software and services offered via the Viblast website, such as the Viblast Player, the Viblast Analytics Portal, the Viblast mobile SKD and other applications.
B. The Service may contain links to third-party websites that are not owned or controlled by Viblast. Viblast has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve Viblast from any and all liability arising from your use of any third-party website.
3. Viblast Accounts
A. In order to access some features of the Service, you will have to create a Viblast Account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Viblast immediately of any breach of security or unauthorized use of your account.
B. Viblast will not be liable for your losses caused by any unauthorized use of your account.
C. Viblast reserves the right to refuse registration.
4. General Use of the Service—Permissions and Restrictions
Viblast hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service’s libraries and source code that may have come into your possession without Viblast's prior written authorization.
B. You agree not to alter or modify any part of the Service without prior authorization from Viblast.
C. You agree not to directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service; modify, translate, or create derivative works based on the Service (except to the extent expressly permitted by Viblast or authorized within the Service); or remove any proprietary notices or labels.
D. Viblast reserves the right to discontinue any aspect of the Service at any time.
5. Your Content and Conduct
A. As a Viblast account holder, you will be using the Service to stream video. You understand that Viblast guarantees confidentiality with respect to any Content you choose to deliver using the Service and will not thereon redistribute, sell access, reproduce, display, license, prepare derivative works of, or otherwise exploit the Content.
B. You shall be solely responsible for your own Content and the consequences of delivering your Content through the Service. For clarity, Viblast does not claim and shall never claim ownership rights on Content you stream using the Service.
C. Viblast does not endorse any Content delivered via the Service and expressly disclaims any and all liability in connection with Content. Viblast does not endorse copyright infringing activities and infringement of intellectual property rights using the Service.
6. Account Termination Policy
A. Viblast can terminate a user's access to the Service if the user is determined to be infringing these Terms or the law.
B. Viblast reserves the right to decide whether a user violates these Terms of Service.
7. Warranty Disclaimer
A. You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Viblast, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Viblast makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, omissions, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
B. Viblast will not be a party to or in any way be responsible for monitoring any transaction between you and third-party users of the 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.
8. Limitation of Liability
In no event shall Viblast, its investors, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Viblast shall not be liable for content or the illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Viblast, its investors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
10. Third Party Websites
You agree that the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Viblast, either specific or general. These Terms of Service and any other legal notices published by Viblast on the Service, shall constitute the entire agreement between you and Viblast concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Viblast's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. You and Viblast agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Dated: 6 March 2015