TERMS AND CONDITIONS
Whooshstream Onine Media Solutions. ("Whooshstream" "we" or "us") provides content streaming and social networking services that enable the sharing of live and recorded video and audio content and chat via the Internet, mobile and other data delivery means through use of RadioBox-HD’s proprietary Audio/video player service and syndication platform (any and all of the foregoing (the "Services") and our websites accessible at http://www.whooshstream.com and http://www.whooshstream.net (collectively the "Site"). The Services include Whooshstream’s proprietary embeddable audio/video players (each a “whooshstream Player”), online flash applications and related technology (including any updates, new versions or new releases thereof) including, but not limited to, our Viewer, Broadcaster and Recorder Applications (each a “whooshstream Application”), and any other products and services offered by whooshstream via the Site and Services.
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.
2. ACCEPTABLE USE POLICY
Lawful use of the Network
2.1 In using Whooshstream’s Network (the “Network"), Subscribers must comply with, and refrain from violations of, all applicable provisions of law, including but not limited to those statutes forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) violations of the CANSPAM Act, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing Network use, including but not limited to: (a) disclosure requirements, including those regarding notification of security breaches, (b) records maintenance for regulated industries, and (c) financial institution safeguards.
COPYRIGHTS & RESTRICTIONS
2.2 We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection. Under no circumstances will Whooshstream be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
3. MASTER SERVICE AGREEMENT
3.1 Neither You nor Whooshstream shall be liable for nonperformance of the terms herein to the extent that either You or Whooshstream are prevented from performing as a result of any act or event which occurs and is beyond Your or Whooshstream’s reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.
Fees and Payment
- All online payments are handled by our payment gateways (2checkout.com and paypal.com) and when you initiate a payment you will be redirected to the payment gatway website and therefore Whooshstream does not collect any information from your bank account or credit card, any issues related to your payment can be address to the respective payment gatways.
- In order to register for or use a paid version of the Services, or a version, service level or service plan to which usage and/or overage charges may apply, you may be required to provide Whooshstream with billing and account information ("Billing Information") for a credit card, payment card or another payment system, such as PayPal, for which you are authorized to approve charges (each, a "Payment Source") to allow Whooshstream to collect payment from you for your use of the Services. You must provide Whooshstream with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
- You authorize Whooshstream to automatically and immediately bill your Payment Source when charges for your use of the paid version of the Services are due, without any further action on your part or other prior notice on the part of Whooshstream. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
- If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid or if you fail to pay charges for a paid version of the Services when due, your account may be downgraded, suspended or cancelled, at Whooshstream's discretion. If your account is suspended, Whooshstream may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
- (downloadable AAC Flash player); Due to the nature of AAC Flash player products (non-tangible digital goods), it is not possible to "return" the product and ensure that the product is no longer used. Therefore we do not offer refund after purchase is made, Customer must be reponsible to take further information on our product before initiating the purchase. However, we want you to be 100% satisfied and happy with your purchase. If you are having any issue with the file, trouble setup, or have any questions, please submit a support ticket as we will do our best to resolve the problem.
- Rental product and or services such as Streaming Server, RadioBox or Web Hosting (excluding domain fee) can be refunded with in 10 days, a payment gateway fee will be deducted from the amount, we can only refund via paypal, in case you paid using credit card and the customer do not have paypal account we can send the amount via money transfer using Western Union, a transfer fee will also be deducted from the amount, all refund will be at the end of month.
- Renewal of web hosting has to be done 5 days prior to its due date to avoid suspension this is to make sure that domain name will be renewed from the third party company
4.1 Whooshstream collects and stores personal information including the full name, company name, billing address, email address, IP address, landing page, referring URL for all Subscribers upon registration and use of our service. Additionally, Whooshstream stores cookies for visitors to the Website in order to identify them for relevant advertising through third party websites, also known as retargeting.
4.2 Subscriber agrees that Whooshstream may include Subscriber's name and trademarks in a list of Whooshstream Subscribers, online or in promotional materials. Subscriber also agrees that Whooshstream may verbally reference Subscriber as a Subscriber of the Whooshstream products or services that are the subject of this Agreement. Subscriber may opt out of this section 4.2 by E-mailing a request to [email protected]
Suspension, Cancellation & Termination
- Without limiting other remedies, Whooshstream may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. In addition, Whooshstream may notify authorities or take any actions it deems appropriate, without notice to you, if Whooshstream suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Whooshstream or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Whooshstream Users, Whooshstream or any other third parties or the Site or Services.
- You may terminate your Whooshstream account at any time and for any reason by selecting "Close Account" in your account preferences. Upon any termination by a Member, the related account will no longer be accessible.
- After any termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Whooshstream is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Whooshstream will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
- Any suspension, termination or cancellation will not affect your obligations to Whooshstream under these Terms Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
- Webhosting account will be temporarily suspended if not renewed 5 days before its due and no response from the owner after several notifications, this is to make sure that the domain name from third party company(Godaddy.com) has to be renewed to avoid redemption penalty fee
5. Technical Supports
4.1 Whooshstream provides Technical Support to You at no additional fee only for hosting and streaming related issues. Whooshstream has the right to decide what is a hosting and Streaming related issue and to charge additional fees or refuse support for non-hosting/streaming related issues. Any fees paid by You for providing non-hosting/streaming related support are non-refundable.
You can requested technical support only by opening a ticket trough the HelpDesk system located in the Customer area. Whooshstream will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. Whooshstream will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, You authorize their intervention and operation in Your hosting/streaming account, Centovacast Admin and/or Customer Area.