1.1 These Publisher Terms of Service and the Company’s Terms of Service found at https://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, subdomains, and mobile and desktop applications as well as OTT TV 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 SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. USCREEN DOES ITS BEST TO FIX BUGS & UX ISSUES IN A TIMELY MANNER WHEN REPORTED APPROPRIATELY TO OUR TECHNICAL SUPPORT TEAM. WE WILL NOT PROVIDE GUARANTEES OR TIMELINES ON BUG OR ISSUE FIXES. USCREEN CANNOT BE HELD LIABLE FOR PERCEIVED LOSS OF REVENUE DUE TO ANY BUGS OR ISSUES WITH THE PLATFORM; PUBLISHERS USE THIS PLATFORM ON AN AS-IS BASIS. 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. YOU HOLD THE RIGHT TO CANCEL YOUR ACCOUNT AT ANYTIME IF YOU ARE NOT HAPPY WITH THE SERVICE AS PER TERMS OUTLINED IN SECTION 1.7-1.8.1
1.6 ALL FEES TO USCREEN ARE FINAL. ALL MONTHLY FEES / PLATFORM FEES AND DEVELOPMENT FEES TO USCREEN ARE FINAL, THEY ARE NOT REFUNDABLE.
1.7 If you are on a month-to-month agreement with Uscreen, either party holds the right to cancel service at any time with a 30-day notice period. Once the 30-day notice is given the account is terminated and all data & access is removed from our servers at the end of this period. If notice is not given at least 30 days prior to the end of your billing period, the final payment amount due will be prorated based on the date of cancellation.
1.8 If you are on an annual or 2-year term agreement with Uscreen, either party holds the right to cancel the auto-renewal of the agreement with at least 30-days notice prior to the term renewal date (unless otherwise stipulated in another agreement or order form). If your agreement does not auto-renew and expires at the end of its term, you will be automatically moved to a month-to-month agreement. Uscreen Plus accounts require a term agreement negotiated with our sales team.
1.8.1 Term agreements are applicable for the entirety of the term negotiated within the agreement. Should you wish to terminate service prior to the acknowledged end date in the agreement and are billed on a monthly recurring schedule, you will be responsible for paying out the remaining balance owing in platform fees to Uscreen.
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.
2.3 When applying for a free trial and submitting your credit card information, you are automatically charged after the 14 day period, on the 15th day, you can cancel anytime prior to the bill date.
2.4 Uscreen offers a 99% Uptime guarantee for the Uscreen platform. This includes the publisher’s storefront and admin area. The maximum refund amount for any downtime related to the publisher’s storefront is 1-month platform fees paid from the publisher to Uscreen.
2.5 Video-on-demand and live streaming services. All videos for on-demand and live streaming are provided by 3rd party CDN & video streaming services. Uscreen does its best to provide the best service possible, in the cases of both video encoding as well as video delivery both for live streaming & on-demand Uscreen is not liable for encoding or streaming issues related to 3rd party CDNs.
2.6 Uscreen provides 24/7 technical support with the best effort to provide same-day responses.
2.7 Uscreen is a platform of service, by using the Uscreen platform you agree that no matter the cause, the max liable amount Uscreen can be held liable for any case of negligence, downtime, errors, bugs or errors within our platform, is up to 30 days of total dues paid to Uscreen. Uscreen does its best to provide you with a premium experience & platform if any errors are made, the max refund & re-reimbursement we will offer is up to 30 days of the total dues paid to Uscreen.
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, or benefit, or suitable for your own circumstances.
3.3 COMPANIES DISCLAIMER OF WARRANTIES – THE SITE, TOOLS, PLATFORM, APPS, ANALYTICS DATA AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, AND AGENTS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, TOOLS, ANALYTICS DATA AND SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT. FURTHER, COMPANY DISCLAIMS ANY WARRANTIES THAT YOUR USE OF THE SITE, TOOLS OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
3.4 LIABILITY LIMITATION – REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY: (a) DIRECT DAMAGES, (b) LOSS OF REVENUE, PROFITS, REPUTATION OR GOODWILL, (c) LOST OR CORRUPTED DATA OR ANALYTICS DATA, WEBSITE OR APPLICATION FAILURE, COMPUTER FAILURE OR MALFUNCTION, (d) INTERRUPTION OF BUSINESS, (e) UNAVAILABILITY OF THE SITE, TOOLS, OR SERVICE, (f) BREACH OF DATA, SYSTEM, OR SERVICE SECURITY, (g) BUGS, VIRUSES, TROJAN HORSES, OR OTHER SIMILAR ERRORS OR VULNERABILITIES THAT THE SITE, TOOLS OR SERVICE INCLUDES OR CAUSES, OR (f) OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN ANY CASE, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THESE TERMS SHALL BE: THE REPLACEMENT OF THE SERVICE, OR REFUND OF AMOUNTS PAID BY YOU FOR THE TOOLS OR SERVICE, IN COMPANY’S SOLE DISCRETION. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND FOR ACTIONS OF COMPANY’S AFFILIATES, SERVICE PROVIDERS, OR AGENTS.
3.5 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.
3.6 Publisher is required to obtain and maintain a high-speed Internet connection and appropriate browser software.
3.7 Unless otherwise agreed upon, small signage will appear on the bottom of all templates built with Uscreen, showing powered by Uscreen.
Section: 4. Uploaded Publisher Content
4.1 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.
4.2 Uscreen reserves the sole right at any time to limit who may use, or what is published to the Uscreen platform. Uscreen reserves the right to review and restrict businesses from self-serve accounts (basic, growth). We also reserve the right to restrict access to Uscreen Gateway and PayPal by Uscreen payment processors, should publisher content violate Stripe and PayPal acceptable use terms. For more information, refer to https://stripe.com/en-ca/legal/restricted-businesses, and https://www.paypal.com/ca/webapps/mpp/ua/acceptableuse-full.
You may not upload any content that:
- Is sexually explicit (e.g. pornography).
- Exploits or endangers minors.
- Is discriminatory, or defamatory, or incites hatred against any individual or group.
- Is harassing or abusive toward any individual or group.
- Promotes or supports terror or hate groups.
- Violates any applicable law.
- Contains information or instruction on assembling explosives.
- Promotes fraudulent or dubious business schemes or proposes unlawful transactions.
- Depicts unlawful acts of extreme violence.
- Depicts or encourages self-harm.
- Depicts animal cruelty or extreme violence towards animals.
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.).
- Uscreen reserves the right to restrict access to Uscreen Gateway and PayPal by Uscreen payment processors, should client content violate Stripe and PayPal terms, found in their respective restricted business lists. For more information, refer to https://stripe.com/en-ca/legal/restricted-businesses, and https://www.paypal.com/ca/webapps/mpp/ua/acceptableuse-full.
- Your mobile application publishing will depend upon the content terms of Apple and Google Play. For more information, refer to https://developer.apple.com/app-store/review/guidelines, and https://play.google.com/about/developer-content-policy
Uscreen’s Chief Executive Officer and Chief Operating Officer make all final decisions about who may use, or what is published to the Uscreen platform.
To learn more about the content not permitted on Uscreen, please make sure you read our detailed explanation of the Content Restrictions policy here.
4.3 By uploading information, Publisher grants to Company the right to store, transcode, and modify the uploaded information to ensure its compatibility with the Platform (Encoding, Streaming, Encryption, Security & Delivery).
4.4 Publisher has the responsibility to submit age policy information and ensure compliance with age restrictions.
4.5 Publisher warrants and represents that it possesses 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.
4.6 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.
4.7 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. Uscreen reserves the right to remove any Content that allegedly infringes another person’s copyright. Inappropriate circumstances, Uscreen may remove content or block the accounts of users who infringe copyright. Notices to Uscreen regarding any alleged copyright infringement should be directed via email at firstname.lastname@example.org
If you believe that your material has been removed by mistake or misidentification, please provide Uscreen with a written DMCA counter-notification containing the following information:
- Your name, address, telephone number and email address (if any)
- A description of the material that was removed and the location on the website (e.g. URL) where it previously appeared.
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
- A statement that you consent to the jurisdiction of the General District Court for the judicial district in which your address is located, or if your address is outside of the United States, any jurisdiction in which you may be property served, and that you will accept service of process from the person who filed the original DMCA notice or an agency of that person; and
- Your electronic or physical signature.
4.8 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.
4.9 Uscreen does its best to protect and store your data, but its the sole duty of the publisher to have a copy and backup of all your videos and content uploaded to the Uscreen platform, Uscreen uses various CDNs and cloud hosting services to store its videos and content securely. Any loss of data for videos and content uploaded to Uscreen is the sole responsibility of the publisher to re-upload and restore, Uscreen does not hold any liability or guarantees for any videos or content lost on the Uscreen network.
4.10 Uscreen uses various transcoding services to deliver multi-bitrate video across various devices, Uscreen does not store or backup the original file uploaded to Uscreen, the publisher must keep a backup of all files uploaded to Uscreen as Uscreen will not restore or allow the publisher to download the original file uploaded to Uscreen once its been encoded. All backups of videos are the responsibility of the publisher.
4.11 All content uploaded to Uscreen must be behind a paywall or sign in. Except for short trailers under 10 minutes on select videos, both video-on-demand and live streaming content must be put behind a paywall for all viewing purposes. Uscreen is best at being a paywall, our platform & streaming rates do not allow us to deliver video that is free and open to the public, please use Youtube for your open videos & free content, Uscreen is designed as a paywall/gated content. On any package, unless otherwise indicated in the pricing agreement for custom plans, all videos must be protected behind a login or paywall and not open to the public for open viewing.
4.12 Live streaming is streamed via global CDNs to ensure the best experience possible. Live streaming is automatically encoded into multi-bit rates for delivery. We do our best to offer you and your viewers the best experience for live streaming. Since live streaming is streamed via 3rd party CDN’s we do not offer a guarantee for their services as it is not in our control. This also includes auto-archive & recording to Live, we do our best to auto record all live streams but we do not offer a guarantee of the auto-record for live streaming.
4.13. Migrations – Uscreen provides content and customer migrations as a complimentary service for Growth Plans and above. Uscreen in no way is liable for any errors, modifications, canceled customers during or after the migration, nor are they liable for errors of any kind related to the migration or after the migration in any way. Uscreen is not liable for any loss of data, users, or customers during and after the migration process. By engaging Uscreen for migration services you assume all risk and may not hold Uscreen liable in any form or fashion for perceived loss of revenue or customers.
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 from the Publisher are paid on a monthly or annual basis depending on the package chosen from the website www.uscreen.tv/pricing, the company also provides enterprise (UscreenPlus) packages, the terms and prices of which are negotiated on a case by case basis per publisher.
5.3 Paypal – Paypal payments are all accepted through the Uscreen Paypal account, and payouts are made according to our systems payout schedule. It’s optional to enable & accept Paypal payments, if you choose to accept PayPal please note, due to the setup required by Paypal, you will NOT BE ABLE TO TRANSFER OUT YOUR PAYPAL SUBSCRIBERS/CUSTOMERS TO ANOTHER PAYPAL ACCOUNT OR PROVIDER, this is a limitation of Paypal. Uscreen also charges a handling fee on top of the Paypal transaction fees for both domestic & international payments in order to manage payments, payouts & disputes.
5.4. Unless otherwise designated in another agreement all Uscreen fees are subject to change at any time.
5.5. If your fees to Uscreen are past due (7 days past due from the due date), Uscreen holds the right to hold all payments processed via Uscreen Payments & Paypal and directly deduct all fees due to Uscreen from these sources.
5.6. If the fees to Uscreen are more than 14 days past due Uscreen reserves the right to fully terminate your account and delete all data associated with your account in full and remove it from our servers.
5.7. Only accounts in good standing may upgrade their accounts to gain access to additional features. Any/All past due invoices must be cleared before account upgrades will be processed.
6. Confidential Information
6.1 Publisher shall not disclose any information about the Company or its business, other than information publicly 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 any 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.
9.8 Publisher grants to Uscreen the right to use Publisher’s name as a customer of Company on its website www.uscreen.tv and social media channels such as Facebook, Instagram, Twitter and YouTube, and to re-use any images and videos made public by the publisher on the social channels & website owned by Uscreen.
9.9. All billing unless otherwise indicated in your agreement, is month to month, we do not offer pro-rated refunds if you cancel prior to your renewal date.
9.10 We do our best to ensure proper analytics, all analytics relating to users, videos, on demand, viewing, watch time, engagement, and live streaming analytics is on an as-is basis, we do not offer guarantees for its accuracy, availability, or retention. At this time analytics are provided for website, mobile browsers & mobile apps only, we do not offer analytics for TV Apps, we are working on adding these in the near future.
9.11 As a store owner a public-facing contact form or email is required to be displayed on your Uscreen storefront page. This email & contact form is used for your end users to contact you in case they need to discuss refunds, account issues or any other questions they may have. If Uscreen is in charge of your end user support we will handle all support issues per your agreement directly with Uscreen. If you fail to display your contact information and fail to enable your end users to directly contact you, Uscreen holds the right to fully block & terminate your account. Uscreen will allow you up to 7 business days to respond to our inquiries in order to add your contact information to your website if one fails to exist.
9.12 If you use Uscreen Payments for your payment gateway, your dispute rate against the total # of transactions should not be above 1.5%. If your dispute rate reaches 1.5% or above, you will be given a 45 day probation period in order to lower your dispute rate below the 1.5% cap, if you fail to do so Uscreen holds the right to disable Uscreen Payments for your account.
9.13 Uscreen holds the right to modify & change packages & plans which may impact the features which your account includes & fees. If you are on a month to month agreement with Uscreen, the features & fees are subject to change at any time.
10. OTT Apps for TV & Mobile
10.1 If at any time you choose to remove your apps from any marketplace, we require a notice period of 30 (thirty) days before removal can take place.
10.2 The app stores takes a commission paid directly to the app stores if you accept in app purchases. Uscreen does not guarantee your app will be accepted in the app stores. In app purchases if enabled are for subscriptions only, TVOD purchases are not made available in the apps for purchasing.
10.3 . All fees collected by Stripe.com are Stripe fees and not related to Uscreen fees, you can check all related fees of Stripe at www.stripe.com. You may also use the Uscreen Payment Gateway if you are located in a country where Stripe is not supported, Uscreen Payment gateway pays out every 30 days, and charges a fee of 2% handling fee, we then manage all transactions, chargebacks, fraud and money transfers for you.
10.4 Uscreen gateway pays out every 30 days on the 1st of the month. If any payments are suspected as fraudulent they are held for an additional 30 days until our payment processor verifies that the transactions are valid.
10.5 Geo-blocking restrictions can be set via the admin area for your complete website & specific videos or collections, these restrictions are by country and enforced on the web application only and not the mobile & OTT apps. The only way to restrict content via the apps is to restrict download of the apps in those specific countries. Uscreen is not liable in any shape or form for geo-blocking accuracy and content restrictions set by you in various countries, geo-blocking by countries is based on IP Address.
10.6 Usage of the site constitutes an agreement to our privacy policies at https://www.uscreen.tv/privacy-policy/
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer.
If you breach this Agreement, Uscreen may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Uscreen deletes your account for breach, you may not re-register to Uscreen’s services again.