Terms and Conditions ("Terms")

Last updated: January 16, 2015

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before accepting the services we provide via our www.streamkit.net website (the "Service") operated by StreamKit LLC ("StreamKit", "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 the entire Terms and Conditions. If you disagree with any part of the terms we ask that you do not make use of any of our Services.

Introduction

StreamKit LLC provides a live streaming platform will all necessary tools for broadcasting and recording live programs and events.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Fees and Payment

After the Free Service Term expires, Customer will be billed the appropriate SUBSCRIPTION FEE. SUBSCRIPTION FEES are non-refundable and non-transferable.
You may be charged fees and taxes depending on your bill-to address at applicable rate for the time and location your transaction is complete.
You authorize StreamKit to charge Your Credit Card the total amount as defined in the selected Service. For customers that purchased the yearly Service, and wish to cancel their subscription before the Service expiration, Customer will be charged a cancellation fee equivalent to 3 months of Service or the monthly fee of remaining expiration period if less than 3 months.
For customers with Yearly subscription, Yearly subscription will automatically renew at end of current subscription. If customer wishes to cancel after (1) year agreement has been fulfilled, an email cancellation must be sent to sales@streamkit.net before expiration or within ten (10) days after subscription expiration.
Although we will make an effort to meet your needs, Streamkit is not responsible for files, and data stored in our infrastructure for cancelled or expired subscriptions. If you cancel your subscription, we'll also delete this information unless necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Fair Use Policy

A small number of channels are responsible for generating large volumes of traffic on our network, which can impact the service we offer to other customers. Our fair usage policy is designed to ensure that all of our customers receive a fast and reliable service.
Our plans offer unlimited bandwidth and viewers, but it will take into account the broadcasting hours and will notify users that make use of more than 30 hours/month of live streaming. No additional prices will apply but in case you decide to stream recurring events that in total will sum up more than 30 hours of streaming per month, you need to contact StreamKit in order to get a Custom package. We will be glad to set your account to the most appropriate Service by sending us an email to sales@streamkit.net.

Acceptable Use

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Streamkit or a third party (in each case under any applicable law).
By accepting our Terms and Conditions you agree not to misuse the Services in a manner that:
Infringes in intellectual property rights of Streamkit or others
May cause, damage to the website or impairment of the availability or accessibility of the website
Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred
Violate the law in any way including storing, publishing or sharing material that's unlawful, illegal, fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of StreamKit LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of StreamKit 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 StreamKit LLC.
StreamKit 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 StreamKit 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.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, if we find you in breach of these Terms and Conditions, default on payments, or in violation of State and Federal Law.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless StreamKit 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 breach of these Terms.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisors) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

Service and Limitation of Liability

StreamKit LLC its subsidiaries, affiliates, and its licensors will do their best effort to provide the best possible service, uninterrupted, secure or available at any particular time or location.
Customer understands and agrees that occasional temporary interruption of our Services may occur as normal events in the provision of the Services. StreamKit will make every attempt to prevent such interruptions, but under no circumstances will StreamKit be held liable for any damages (financial or other) due to any interruptions. In no event will StreamKit be held liable to Customer or any other person for any incidental, consequential, or punitive damages of any kind, including, without limitations, refund of fees, loss of profits, loss of income, or cost of replacement services.

Support Services

Customer support is provided by sending an email to support@streamkit.net. At no point is StreamKit required to support items outside of the scope of this Terms unless specified by a Service Agreement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
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 agreement between us regarding our Service, and would be superseded and replaced by any Service Agreement we might have had between us regarding the Service.

Change to our Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will update our information under the "Last update:" date stated at the beginning of these Terms.
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.

Contact Us

If you have any questions about these Terms, please contact us at support@streamkit.net