Terms of Service
As a preliminary matter, we wanted to highlight a topic that you will read more about later. At VIPTV Streams, we expect that our world-class customer service team, which can be contacted through our Help Center, will be able to resolve any issues you may have as you enjoy our services. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 11 AND 13 TO LEARN MORE.
DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
VIPTV Streams, LLC (“VIPTV Streams,” “we,” or “us”) provides an online video service which gives users the opportunity to select from various offerings of live and on-demand programming, including television shows, movies, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by VIPTV Streams through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the viptvstreams.com website (the “VIPTV Streams Site”), applications, and other places where any Services are available, including websites and applications of VIPTV Streams’ third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the VIPTV Streams Site on your computer.
Changes to These Terms
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the VIPTV Streams Site at www.viptvstreams.com/terms-of-service/. In addition, you can access these Terms from VIPTV Streams’ applications. If we make a material change to these Terms, we will notify you by posting a notice on the VIPTV Streams Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
1 . Access and Use of the Services
1.1 Age Limitations. The Services are not intended to be used by children. If you are under the age of 18, you are not permitted to register with VIPTV Streams or provide your personal information to VIPTV Streams.
1.2 Your License. VIPTV Streams is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
1.3 Profiles. VIPTV Streams offers the option to personalize use of the Services through the creation of one or more profiles under one account. Only the account holder, and those with permission from the account holder, may create a profile.
1.4 The Content. Usage Rules and Limitations. You may only access and view the Content in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by VIPTV Streams in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by VIPTV Streams in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by VIPTV Streams. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by VIPTV Streams in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
1.5 Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and VIPTV Streams does not guarantee that you will agree with them. You acknowledge these risks.
Content Quality. VIPTV Streams uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, VIPTV Streams is unable to make any warranties about the Content in these respects.
1.6 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality. Where VIPTV Streams has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to VIPTV Streams (in VIPTV Streams’ sole discretion), or (ii) links to infringing or unauthorized content (collectively, ?Unsuitable Material?). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. VIPTV Streams reserves the right to prevent embedding to any website or other location that VIPTV Streams finds inappropriate or objectionable (as determined by VIPTV Streams in its sole discretion).
1.7 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a ?Compatible Device?). Please note that Compatible Devices may vary by Service. For example, certain devices may not be capable of streaming Content from the Live TV Service but may be capable of streaming other Content. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription. Please visit our Help Center for a current list of Compatible Devices. The number of simultaneous streams of Content that you can access, including in-home and out-of-home streams, may vary by Service and require device and account verification. In-home streams are those that you stream through your home internet service. Out-of-home streams are those that you stream through a connection to a cellular or Wi-Fi network outside of your home.
1.8 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
1.9 Ownership. You agree that VIPTV Streams retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by VIPTV Streams and/or VIPTV Streams’ content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Unless otherwise indicated, the VIPTV Streams and its services, content and other components is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
1.2.1 Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by VIPTV Streams (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
- involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices but not caches or archives of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including VIPTV Streams’ servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
- uses the Services to advertise or promote services that are not expressly approved in advance in writing by VIPTV Streams;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by VIPTV Streams;
- interferes with any other party’s use and enjoyment of the Services; or
- attempts to do any of the foregoing.
- systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Service.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- delete the copyright or other proprietary rights notice from any Content.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
- use the Site in a manner inconsistent with any applicable laws or regulations.
If VIPTV Streams determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
1.2.2 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to VIPTV Streams and that the amount of such harm would be extremely difficult to measure.
1.2.3 Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
1.2.4 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. VIPTV Streams reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue temporarily or permanently some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that VIPTV Streams may do so in VIPTV Streams’ sole discretion at any time without notice. You also agree that VIPTV Streams will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a VIPTV Streams subscriber and VIPTV Streams suspends or discontinues your subscription to the Services, VIPTV Streams may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if VIPTV Streams terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
1.2.5 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our Help Center. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.
- Subscriptions and Billing
2.1 Subscriptions. While we may offer Content from time to time for free, we charge a fee to access the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding your subscription at any time by logging in on the VIPTV Streams Site and viewing your account details. Because the Services are offered in multiple time zones, for consistency, a day for purposes of these Terms begins at 12:00 a.m. and ends at 11:59 p.m. AMERICA/CENTRAL of that same calendar day.
2.2 Billing. By providing a credit card or other payment method accepted by VIPTV Streams or our affiliate (“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the VIPTV Streams Site and viewing your account details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, billing shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the VIPTV Streams Site and view your account details.
We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.
If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.
VIPTV Streams reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If VIPTV Streams changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where VIPTV Streams determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at VIPTV Streams’ sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
2.3 Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. You can cancel your subscription by logging into your VIPTV Streams account and following the instructions on your account page on the VIPTV Streams Site or in the settings of our mobile application. If you pay for the Services through your account with a third party (e.g., Apple iTunes) and want to cancel your subscription or manage your billing, you may need to do so through your account with such third party.
2.4 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
2.5 Packages Trials. We offer you a trial for each Subscription Package we have, the specific terms of your trial will also be bounded with these terms during your sign-up. Certain limitations may occur based on the amount of trial account you can have which is only one account for each package allowed per customer. VIPTV Streams reserves the right to determine eligibility for the trials. To view the specific details regarding your trial, if any, log in on the VIPTV Streams Site and view your account details. Once you sign up for the trial you will need to pay for the corresponding fees (plus any applicable taxes). At the end of your trial period or any time before it ends you will need to order our official subscription service to keep using the streaming. You will receive a notice email from VIPTV Streams that your trial has ended.
2.6 Official Subscription Cancellation. You may cancel your subscription at any time as described in the Ongoing Subscription and Cancellation section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that VIPTV Streams will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.
2.7 Refunds. We offer money back guarantee only for the first 24 hours after order. To receive your refund simple request your product cancellation on product details page through your VIPTV Streams Account.
2.8 Accounts and Registration.
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any VIPTV Streams representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email using the customer support form available from our Help Center if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may find information on how to delete your VIPTV Streams account by logging in on the VIPTV Streams Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account. Please see the section “Ongoing Subscription and Cancellation” above for instructions on how to cancel your subscription.
We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if VIPTV Streams determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the VIPTV Streams servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
2.9 Collection and Use of Personal Information.
- User Reviews, Comments, and Other Material
3.1 Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on VIPTV Streams using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant VIPTV Streams the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. VIPTV Streams will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that VIPTV Streams does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to VIPTV Streams. After posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant VIPTV Streams a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to VIPTV Streams is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to VIPTV Streams), fully-paid, royalty-free (meaning that VIPTV Streams is not required to pay you for the use of your User Material), and sub licensable (so that VIPTV Streams is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.
3.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. VIPTV Streams does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of VIPTV Streams. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does VIPTV Streams assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against VIPTV Streams with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing us (subject line: “Inappropriate User Material”).
The Service may also contain (or you may be sent via the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- Linked Destinations and Advertising
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
5.0 SOCIAL MEDIA
As part of the functionality of the Service (also the “Site”), you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
6.0 General Information
6.1 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of Florida without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not applicable (e.g., when confirming an arbitration award), you and VIPTV Streams agree to submit to the exclusive jurisdiction of the courts located in Houston, Texas.
6.2 No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know (subject line: “TOU Violation”). Precisely how VIPTV Streams responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon VIPTV Streams’ precise response with respect to one party or one situation as any indication of what VIPTV Streams might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, VIPTV Streams’ decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if VIPTV Streams acts in a way that appears to you to be inconsistent with these Terms, VIPTV Streams’ action shall not be deemed a waiver or constructive amendment of these Terms.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]
VIPTV Streams, the VIPTV Streams logo, and other VIPTV Streams marks, graphics, logos, scripts, and sounds are trademarks of VIPTV Streams. None of the VIPTV Streams trademarks may be copied, downloaded, or otherwise exploited.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
It is VIPTV Streams’ policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. VIPTV Streams’ policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any VIPTV Streams creative work, including a film, series, story, title, or concept, would be purely coincidental.
Disclaimer of Warranties, Limitation of Liability and Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE VIPTV Streams SITE, THE CONTENT, THE VIDEO PLAYER, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VIPTV Streams DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL VIPTV Streams OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE ?VIPTV Streams PARTIES?), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE VIPTV Streams PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE VIPTV Streams PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS? FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). VIPTV Streams RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service and Content will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
Notice and Procedure for Claims of Copyright Infringement
If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify VIPTV Streams of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that VIPTV Streams receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be sent to us via mail to:
VIPTV Streams, LLC-Attention: Copyright Agent
10685 HAZELHURST DR # 23607B, HOUSTON TX 77043
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable VIPTV Streams to identify and locate the material; (iv) how VIPTV Streams can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
VIPTV Streams has a policy of terminating repeat infringers in appropriate circumstances.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
If you have an issue with the Services, we encourage you to review our frequently asked questions or contact our customer service team through our Help Center. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and VIPTV Streams agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: VIPTV Streams, LLC, 10685 HAZELHURST DR # 23607B, HOUSTON TX 77043, Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for VIPTV Streams.
You and VIPTV Streams agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. The arbitration hearings will be held in Houston, Texas.
It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in any arbitration will be responsible for all reasonable attorneys’ fees and costs, regardless of who initiated the arbitration.
If you’re not sure what all of this means, of course please feel free to ask an attorney.
Limitation on Time to Bring a Claim
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the VIPTV Streams Site and other Access Points). You consent to receive electronic communications from VIPTV Streams and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
Electronic communications, transactions, and signatures
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These terms and conditions and any policies or operating rules posted by us on the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.
These terms and conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these terms and conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms and conditions or use of the site. You agree that these terms and conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.
Thank you for taking the time to read these terms. By understanding and agreeing to follow these terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these terms, please contact us.
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:
VIPTV Streams LLC
10685-B Hazelhurst Dr # 23607
Houston, TX 77043