Terms of Service
Terms and Conditions – Last updated July 17, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.broadcastmatrix.com website, stream hosting, web hosting, podcast hosting or any other related services described on our website (the “Service”) operated by Broadcast Matrix LLC, a Washington Limited Liability Company (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
If you have a separate signed contract with Broadcast Matrix LLC for specific services, that contract will be controlling over and supersede any inconsistent language in this Terms of Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, semi-annual or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Broadcast Matrix LLC cancels it. You may cancel your Subscription renewal by contacting Broadcast Matrix LLC via e-mail or postal mail with thirty (30) days written notice.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription in US Funds. You shall provide Broadcast Matrix LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Broadcast Matrix LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Broadcast Matrix LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
You are responsible for payment in advance of service provided. Service for new accounts will be set up once initial payment has been received by us.
Invoices are due and payable upon receipt. Failure to pay any amount due within thirty (30) days of the due date shall be sufficient grounds for termination of service without notice.
We will suspend any accounts after twenty-four (24) hours if automatic payments fail without notification. Any returned checks are subject to a $20.00 fee for each time they are returned by your bank. Service may be terminated if bad checks are not paid within five (5) days. You consent to receive communications from Broadcast Matrix LLC by electronic mail. It is your responsibility to ensure that we have a valid email address for you on file. Our inability to contact you via email due to a missing, inaccurate, incomplete, or inaccessible email address will waive our obligation to attempt to contact you.
Broadcast Matrix LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycles.
Broadcast Matrix LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Broadcast Matrix LLC on a case-by-case basis and granted in sole discretion of Broadcast Matrix LLC. Refunds that may be due will be in the same form as the payment. If a credit or debit card payment, the refund will be given against the same card number. If a check, a check will be sent. If a PayPal payment, the refund will go to the same PayPal email.
You agree to pay to us any applicable sales, VAT or similar tax imposed on the provision of the Service (but not in the nature of an income tax on us), regardless of whether we fail to collect the tax at the time the Services are provided.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
The Service and its original content, features and functionality are and will remain the exclusive property of Broadcast Matrix LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Broadcast Matrix LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Broadcast Matrix LLC Broadcast Matrix LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Broadcast Matrix LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Our support team is available to provide technical support regarding issues directly related to the availability and functionality of our service. Telephone support is available during regular business hours Monday through Friday at (206) 774-9196, 8 AM to 6 PM Pacific Time, or you can create a support ticket 24/7. You must provide your basic account user name information and adequate details of your technical issue in order to receive support.
You are solely responsible for all content which you stream, distribute, or store via our Service. The necessity to acquire any rights for your content is solely your responsibility. We are no way responsible for your content and do not provide any form of legal protection whatsoever for your content used in conjunction with our Service. You agree to use our Service in compliance with the terms of this Agreement and with all other laws applicable in your jurisdiction and any other jurisdictions in which you use our Service. You hereby represent and warrant that you shall not use our Service in any manner that infringes, violates or misappropriates the rights of any third party and that you own or control all of your content or you have acquired all the necessary licenses, permissions and rights in order for you to use your content.
You agree to not store, stream or host illegal or pornographic material of any kind on our servers or network. Doing so will result in immediate deletion and termination of your account without refund.
You agree to not send spam. Spam is defined as mail sent to large groups or recipients that did not request it. Spam can result in blacklisting of your domain or our server IP addresses. Any accounts found to be involved in spamming or bulk e-mailing will be suspended or terminated without refund and the you will be liable for all costs involved to recover any damages to us.
You may not exceed data transfer or stream bitrate beyond the scope of your service plan. Abuse of data transfer or bitrate limits may result in suspension or termination of service. Web hosting data transfer may not be applied to or used for stream hosting services or vise versa. Unused data transfer will not be carried over to the next month.
You acknowledge and agree that although we will make all best efforts to securely store your content data, all of your content is stored by us at your own risk and we assume no responsibility for any loss, damage, or corruption to your content data. In addition, we do not backup your content. All content backups are your sole responsibility.
Broadcast Matrix LLC retains all ownership and rights to any apps or software modified for your use including but not limited to the source code and all related components unless otherwise agreed to in writing. Our apps may only be used with Broadcast Matrix LLC streaming services and developer accounts. We are not responsible for and will not be held liable in any way for unavailability or functionality of apps due to device hardware changes, policy changes or app rejection by Apple or Google Play. Apps are hosted on our iOS and Google Android developer accounts as a courtesy. If Google or Apple suspends or terminates our developer account(s) or removes apps for any reason you agree to indemnify and hold harmless Broadcast Matrix LLC for any losses of app functionality, availability or any other resulting associated losses or damages.
You agree to defend, indemnify and hold harmless Broadcast Matrix LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Broadcast Matrix LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Broadcast Matrix LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you must submit notification in writing to us 30 (thirty) days in advance of next billing cycle. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms shall be governed and construed in accordance with the laws of King County, Washington, United States without regard to its conflict of law provisions. You agree to waive all rights to request or enforce a change of such location (venue). The United Nations Convention on the International Sale of Goods shall have no application to the Terms of Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
For more information or questions about our Terms of Service you can contact us here:
Broadcast Matrix LLC
325 Washington Avenue S. #399
Kent, Washington 98032-5706 USA
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