Publisher Terms

 

1.                   Introduction

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.

 

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.

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.

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.

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.                   Assignment

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.

9.3                Publisher and the Company are independent contractors and nothing in this Terms of Use shall be construed to constitute a joint venture, partnership, agency or employer/employee relationship.

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.

9.7                This Terms of Use constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

9.8 .             Free Content – If you give away free content, this means, without requiring a paid account of any kind your user can access free content on your website, you are allowed 2000GB of free bandwidth per month, any overages over 2001GB per month will be charged a bandwidth rate of .15 cents per GB.

9.10 .            Excessive Bandwidth – If you are using excessive bandwidth for your account on any given month, you might be charged overage fees for bandwidth usage.

9.11 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 Usage of the site constitutes an agreement to our privacy policies at https://www.uscreen.tv/privacy-policy/

 

 

(This agreement was last updated on April 1st, 2018)

 

 

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