Wiistream Terms Of Service
Service Overview. The Service provides a platform for users to access, view, stream and upload live or pre-recorded sporting events.
- Eligibility. You must be at least thirteen (16) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (16) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address, Facebook login information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@Wiistream.com
- General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable.
- Price. Wiistream reserves the right to determine pricing for the Service. Wiistream will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Wiistream may change the fees for any feature of the Service, including additional fees or charges, if Wiistream gives you advance notice of changes before they apply. Wiistream, at its sole discretion, may make promotional offers with different features and different pricing to any of Wiistream’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
- Authorization. You authorize Wiistream to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Wiistream, to the payment method specified in your account. If you pay any fees with a credit card, Wiistream may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Wiistream to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The fee applicable to any Subscription Service shall be as set forth on https://www.Wiistream.com/pricing “Subscription Fee.” Your account will be charged all applicable fees for the next subscription period automatically on the Subscription Billing Date. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service in writing 14 days in advance of renewal date. Any cancellation of your subscription shall be effective upon the end of the then current subscription period.
- Refunds, Returns & Exchanges. Wiistream does not issue refunds for digital subscriptions once the order is received and a video has been viewed in part or whole. Once access is granted to digital goods including, but not limited to, video recordings, live video, still images and audio recordings, all purchases become final and no refunds will be issued. Cancellation of the Service does not entitle you to a prorated or partial refund of any kind.
- Delinquent Accounts. Wiistream may suspend or terminate access to the Service for any account for which any amount is due but unpaid.
- Limited License. Subject to your complete and ongoing compliance with these Terms, Wiistream grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; and (ii) access and use the Service.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service; (ii) make modifications to the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Ownership; Proprietary Rights. The Service is owned and operated by Wiistream. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), text, broadcasts, streams, images, videos, audio recordings, music, audiovisual combinations, products, software, services, downloadable content whether or not downloaded by you, and all other elements of the Service (the “Materials”) are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in or made available on the Service are the property of Wiistream or our third-party licensors. Any Materials made available to you via the Service may be accessed for your internal, personal, non-commercial use only. Unless expressly authorized by Wiistream, you may not be reproduce, distribute, modify, publicly perform, use in connection with any commercial purpose, or make any other use of the Materials. Wiistream reserves all rights to the Materials not granted expressly in these Terms.
- Downloadable Content. You acknowledge and agree that, in addition to all other applicable terms and conditions herein, if Wiistream permits you, through features made available to you on the Service, to download any Materials, you will: (i) comply with all limitations and restrictions on those features and the use of those Materials, including limits on the number of downloads you can make; and (ii) use those Materials: (a) solely for your own personal and internal purpose and use, and not in connection with any commercial purpose; and (b) only as expressly permitted by these Terms or Wiistream. Uploading or otherwise transferring Materials acquired from Wiistream to other companies, websites, apps, and/or services that seek to commercialize the Materials is strictly prohibited.
- Commercial License Exception. An exception for commercial use of downloadable content is made in the event that the user receives express, specific written consent from Wiistream. For more information on commercialized licenses, please contact Wiistream Support.
- Mobile Devices and Data Charges. Please be aware that your cellular carrier may charge fees in connection with your use of the Service. You are responsible for any mobile charges that you may incur in connection with using our Services, including data charges. If you are not sure what those charges may be, you should ask your service provider before using the Services.
- Personal Safety. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. YOU ARE STRONGLY ENCOURAGED TO USE EXTREME CAUTION WHEN SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OR ARRANGING TO MEET OTHER USERS IN PERSON. WIISTREAM DOES NOT PERFORM CRIMINAL BACKGROUND CHECKS ON ITS USERS NOR CAN IT VERIFY THE TRUTH OR ACCURACY OF USERS’ PROFILES ON THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON.
- User Content
- User Content Generally. Certain features of the Service may permit users to upload, broadcast, post or otherwise submit content, including data, information, messages, chat feed comments, photos, music, video, audiovisual combinations, video streams, images, text, audio and any other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
- License Grant to Wiistream. By uploading, broadcasting, posting, publishing or submitting User Content, you grant Wiistream a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, stream, transfer, transmit, display, perform, reproduce, modify, prepare derivative works of and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Wiistream may be without any compensation paid to you. In connection with exercise of the rights granted by you to Wiistream hereunder, you agree that Wiistream may use, and license others to use, your name, voice, image, and likeness in any manner which Wiistream wishes in any and all media now known, including in advertising and other promotional materials, press releases, various channels on the internet, third party social media websites, and mobile applications, throughout the world in perpetuity. You hereby waive any right of approval of your appearance or the uses thereof. You hereby waive any rights to privacy or publicity you may have in connection with such appearance. You acknowledge that Wiistream will rely on this permission, potentially at substantial cost to Wiistream, and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
- Limited License Grant to Other Users and Other Authorizations. By posting and sharing User Content with another user of the Service, or otherwise making User Content available to another user of the Service, you hereby grant that user a non-exclusive license to access, use, display, perform, reproduce, modify and transmit such User Content as permitted by these Terms and the functionality of the Service. You acknowledge that, in connection with your participation in or use of the Service, you may appear in User Content published by another user (e.g. if your teammate decides to live stream your sporting event, you may appear in a live video stream of such sporting event published by your teammate via the Wiistream platform). You agree that any such user may use your name, voice, image, and likeness in connection with the exercise of the rights granted by you to other users of the Service under this Section 10.3, and you hereby waive any rights of privacy and publicity you may have in connection with such appearance.
User Content Representations and Warranties. Wiistream disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Wiistream and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 10 and in the manner contemplated by Wiistream, the Service and these Terms;
- your User Content, and the use your User Content as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, or libel any third-party; or (iii) cause Wiistream to violate any law or regulation; and
- your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Wiistream may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable right or remedy you have or may have against Wiistream with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Wiistream does not permit copyright-infringing activities on the Service.
6. Sponsored Content. The foregoing provisions and obligations set forth in this Section 10 shall apply with equal force to any User Content that you submit that includes advertorials, native advertising, or sponsorship (“Sponsored User Content”). Without limitation, any and all of your representations, warranties, indemnification obligations and other obligations under these Terms apply equally to Sponsored User Content as they would to any other User Content that you submit to the Service. You are solely responsible for ensuring that your Sponsored User Content complies with all applicable federal, state and local laws, rules and regulations. Wiistream assumes no liability for any Sponsored User Content, or for any product or service offered by or through Sponsored User Content. You are solely liable for Sponsored User Content that you submit to the Service and all portions of it, including any sponsored products or services, and for any other consequences of transmissions of Sponsored User Content through the Service.
A. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights;
- post, upload, broadcast, publish, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- post, upload, broadcast, publish, or distribute any User Content or other content that would lead a reasonable person to believe that Wiistream approves of, is affiliated with, or endorses any: (i) User Content; (ii) any third party; or (iii) any third party’s products or services without Wiistream’s prior express authorization;
- falsify game scores or competition outcomes, or collude with others to do the same;
- interfere with security-related features of the Service, including without limitation by: (i) disabling or circumventing features that prevent or limit use, downloading or copying of any Materials; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect, personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
- sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
- share or otherwise transfer unique access credentials provided to you (as defined in Section 12);
- use the Service or any Materials in connection with any commercial purpose;
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
- attempt to do any of the foregoing acts described in this Section 12, or assist or permit any person in engaging, or attempting to engage in, any of the acts described in this Section 12.
b. Third-Party Terms
- Third-Party Services and Linked Websites. Wiistream may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Wiistream with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
- Third Party Software. The Service may now, or in the future include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
C. Term, Termination and Modification of the Service
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.
- Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Wiistream may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. Subject to Section 4.3, you may terminate your account and these Terms by contacting customer service at https://Wiistream.com/support. If you have an active Subscription Service when you terminate your account, your Subscription Service shall be cancelled in accordance with Section 4.3.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Wiistream any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4, 5.3, 6, 10, 14.3, 15, 16, 17, 18, and 20 will survive.
- Modification of Service. Wiistream reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Wiistream will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
d. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Wiistream and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Wiistream Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Service; (ii) your violation of any portion of these Terms or any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right or publicity, confidentiality, other property or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
- Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service, subject to Section 12 below. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
f. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WIISTREAM ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. THE WIISTREAM ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WIISTREAM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
G. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE WIISTREAM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE WIISTREAM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL WIISTREAM BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE.
EXCEPT AS PROVIDED IN SECTION 18.4(c), YOU AGREE THAT THE AGGREGATE LIABILITY OF THE WIISTREAM ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO WIISTREAM FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMS; OR (B) FIFTY DOLLARS ($50 USD).
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
h. Modification of the Terms. Wiistream reserves the right to update or modify the Terms on a going-forward basis at any time without prior notice, and such changes will be effective immediately upon being posted to the Service, except as set forth below. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Modifications requiring your acceptance are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.
- Governing law. These Terms will be governed by the laws of the Republic of Ireland without regard to conflict of law principles.
- Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service, subject to Section 6 above. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.