1.1 These Publisher Terms of Service and the Company’s Terms of Service found at http://www.uscreen.tv/publisher-terms are incorporated by reference herein, are applicable to all for video Publishers and/or Distributors (individually and collectively the “Publisher”) providing video streaming through the platform located at www.uscreen.tv and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Services”). These Terms govern the Publisher’s use of the Services, including but not limited to all functionalities, features, streaming capabilities, user interfaces, and all content and software associated with the Services as provided by Uscreen.tv LLC (the “Company”).
1.2 The following Terms of Service are for use of the Services on the Company’s white label video distribution platform (the “Services”) to market, distribute and sell the Publisher’s video catalog.
1.3 Use of the Services indicates your authorization to use the Services and your acknowledgment and agreement to these Publisher Terms of Service and the Company’s Terms of Service. If you do not agree to be bound by and comply with all such terms and conditions you may not access or use the Services.
1.4 The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of the Publisher Terms of Service and the Company’s Terms of Service. Any changes to the Publisher Terms of Service and the Company’s Terms of Service shall be effective immediately following the posting of such changes. You agree to review Publisher Terms of Service and the Company’s Terms of Service from time to time and agree that any subsequent use by you of the Platform and Services following any such changes shall constitute your acceptance of the changes.
1.5 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART AT ANY TIME AND IN ITS SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF SERVICE.
1.6 ALL FEES TO USCREEN ARE FINAL. ALL MONTHLY FEES / PLATFORM FEES, AND DEVELOPMENT FEES TO USCREEN ARE FINAL, THEY ARE IN NO WAY REFUNDABLE. ONCE THE CUSTOMER IS SETUP AS A PAID ACCOUNT ALL FEES CHARGED TO THIS CUSTOMERS BILLING INFORMATION ON FILE IS NO LONGER REFUNDABLE IN ANY SHAPE OR FORM, WHETHER YOU ARE SATISFIED WITH THE SERVICE OR NOT THE FEES ARE NOT REFUNDABLE.
2. The Services
2.1 The Services allow Publisher to upload and manage video catalogs (“Publisher’s Content”) in order that users can have access to and can purchase the Publisher’s Content, and to customize the look and feel of Publisher’s Content to give users a seamless buying experience.
2.2 Publisher will be provided with a secure interface for viewing and exporting sales and other reports in real time.
3. Provision of Services
3.1 Publisher agrees that any files or information uploaded is done so voluntarily at their own discretion and risk.
3.2 The Company offers no express or implied guarantees or warranties regarding the amount of payout, or any payout at all to Publishers, the effectiveness of the Services offered, or that Publisher will find the Services satisfactory, complete, of benefit, or suitable for your own circumstances.
3.4 The Company will use commercially reasonable efforts to make the Services available 24/7, except for planned downtime for such things as support and maintenance that will be scheduled, to the extent possible, during low volume hours, and any unavailability caused by a force majeure event such as an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay. The Company shall not be liable for any suspension or termination of the Services caused by a force majeure event.
3.5 The Company may provide customized or development & design services for which an additional fee may be charged, the development rate for all web development services is $75/hour and $100/hour for mobile development. Smart TV customization rates are between $100-$125/hour depending on the SmartTV app.
3.6 Publisher is required to obtain and maintain a high speed Internet connection and appropriate browser software.
4. Uploaded Publisher Content
4.1 Publisher acknowledges and agrees that it is solely responsible for the form, content and accuracy of any information submitted and is responsible for its own communications and for the consequences of all such communications.
4.2 Publisher shall not provide any information or engage in communications that is false, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, pornographic, obscene, or encourages anything that would be considered a criminal offense, give rise to civil liability, violate or infringe any third party rights or any law or regulation, including but not limited to laws or regulations relating to intellectual property rights, or harm or threaten the safety of any person.
4.3 By uploading information, Publisher grants to Company and any affiliates, licensees and assigns, so long as it is a registered user, an irrevocable, non-exclusive, fully-paid, worldwide, royalty-free license, with, among other rights, the right to store, transcode, and modify the uploaded information to insure its compatibility with the Platform.
4.5 Publisher has the responsibility to submit age policy information and insure compliance with age restrictions.
4.6 Publisher warrants and represents that it possess full right, power and authority to enter into and to perform this Agreement, and that it will not grant to any third party any rights that will derogate from or be inconsistent with the rights granted herein.
4.7 Publisher warrants and represents that there exist no oral or written obligations that would in any way interfere with the performance of its obligations or the grant of rights under this Agreement.
4.8 Publisher warrants and represents that all uploaded Publisher Content is original, wholly owned by Publisher, duly licensed, or is in the public domain and does not violate, conflict with or infringe any third party rights.
4.9 Other than as set forth herein, nothing in this Agreement shall be construed to transfer or assign to Company any rights or ownership in and to the Publisher’s Content.
5. Payments to Publisher
5.1 The Company shall collect all fees in a format and through procedures initiated in its sole discretion for accessing or viewing Publisher’s Content.
5.2 The payments to the Publisher is paid on a monthly basis depending on the package chosen from the website www.uscreen.tv/pricing, the company also provides custom packages paid annually or enterprise packages, prices are on a case by case basis per publisher.
6. Confidential Information
6.1 Publisher shall not disclose any information about the Company or its business, other than information publically available, to any third party, or use such information for its own or any third party purposes.
6.2 The transactional data collected through the Services is Confidential Information and Company agrees to hold the Confidential Information in strict confidence and not to disclose the Confidential Information to any third party except in the situation where the Company is required to comply with an applicable law or regulation or with a court order.
7.1 These Terms of Service, and any rights granted hereunder, may not be transferred or assigned by Publisher.
8. Governing Law and Jurisdiction
8.1 These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maryland applicable therein, without regard to conflict of laws. Publisher irrevocably consents to the exclusive jurisdiction of the courts located in the State of Maryland in connection with any action arising out of or related to these Terms of Service or their subject matter. Publisher waives any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
9. Additional Terms
9.1 Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and the Company.
9.2 If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
9.4 The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
9.5 Publisher consents to the use of electronic means to deliver any notices pursuant to this Agreement and electronic records to store information related to these Terms of Service.
9.6 Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual Publisher that accepts this Agreement and it does not create any rights for any other parties.
10. Branded Native Apps
10.1 We publish & maintain branded native apps for customers, unless otherwise indicated the apps are only customizable by inputting your brand & colors, name & descriptions. Your customers can download these apps and use them to view your programs/videos & other related contents.
10.2 The App fees will be indicated on a separate sheet sent to you to be signed before the apps are ordered. All apps will have a commitment period listed on the contract. The apps will include a setup fee as well as a monthly fee, the monthly fee & setup fees are paid on the day the apps are ordered, it will take up to 60-90 days and sometimes longer to publish apps depending on Apple and other vendors approval period, during this period of review & publishing of apps all fees are due and final. NO REFUNDS are given for any apps whether you use them or not. The publishing & maintenance of apps in the apps stores is a tedious process and all fees are final, NO refunds given at any point in time and always the platform fees are paid on the day you order the apps, not the day they are published. In-App purchases are additional cost for all apps if you want to add this to your app.
(This agreement was last updated on January 1st 2017)