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 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 NOT REFUNDABLE. IF YOU PRE-PAY TO USCREEN A 1 YEAR PAYMENT, YOU HAVE 30 DAYS TO ASK FOR A REFUND AND CANCEL YOUR ACCOUNT, IF YOU DO NOT CONTACT US WITHIN THE FIRST 30 DAYS OF THE CHARGE, YOUR FEE IS NOT REFUNDABLE UNDER NO CIRCUMSTANCES.
1.7 If you are on a month to month agreement with Uscreen, either party holds the right to cancel the agreement at anytime within a 30 day notice. Once the 30 day notice is given the account is terminated 30 days after the initial notice is provided.
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 99.99% 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 publisher to Uscreen.
2.5 All accounts are held to a streaming & bandwidth limit for both video on demand and bandwidth limit, unless you have a signed agreement under a custom plan signed by both parties both Uscreen & the publisher. At any time if a publisher account exceeds 1 million minutes of streaming minutes per month for either live or on demand, you will need to be upgraded to a custom plan agreement signed by both parties.
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.
3.4 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 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. Publisher shall not upload or sell any type of content that is pornographic or includes any type of nudity.
You may not upload any content that:
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 ensure its compatibility with the Platform.
4.5 Publisher has the responsibility to submit age policy information and ensure 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.
4.10 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 AWS hosting 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.
4.11 Uscreen uses various transcoding services to deliver multi-bit rate 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. You also have the option to backup your theme, you must click backup to make a copy of your theme. Uscreen will then hold a copy of your theme as a backup. If you do not click backup of your theme manually within the customization tab, a backup is not created for your theme.
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 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.
10. Branded Native OTT Apps
10.1 We publish & maintain branded OTT apps for customers unless otherwise indicated the apps are only customizable by inputting your brand & colors, name & descriptions. Your viewers can download these apps and use them to view your programs/videos & other related contents.
10.2 It will take up to 30-60 days 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. In-App purchases are optional and you will need to pay royalty payments to Apple Marketplace, Google for Android, Roku, Amazon Fire Stick and others. Uscreen takes no commissions but the app marketplaces such as Apple will charge you a commission for in-app purchases.
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 5% per transaction, 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 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.
(This agreement was last updated on January 1st, 2019)