Terms and Conditions
TERMS AND CONDTIONS
Apollo Streams Terms & Conditions
1. Description of Service. Apollo Streams provides the Apollo Streams App to facilitate communication, control, and playback of live video content. This agreement defines terms and conditions for using the Apollo Streams App.
2. Limited Right to Use the Apollo Streams App. In exchange for the payment of the monthly Subscription Fee, and subject to the terms and conditions set forth herein, Apollo Streams hereby grants You a non-exclusive, non-transferable right to use the Apollo Streams App. You acknowledge that all right, title, and interest in and to the Apollo Streams App and all intellectual property associated with it is and shall remain the sole property of Apollo Streams. Apollo Streams reserves all rights not expressly granted to You in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Apollo Streams App.
4. Subscription Fee. You will be charged, and You agree to pay, the Monthly Subscription Fee as outlined during your registration process on www.apollostreams.com.
5. Acceptable Use Policy. Apollo Streams reserves the right in its sole discretion to restrict Your use of the Apollo Streams App for any reason, including but not limited to, Your violation of any laws, these Terms and Conditions, or this Acceptable Use Policy. The Acceptable Use Policy below describes certain actions relating to the use of the Apollo Streams App that is inappropriate and thus prohibited. If You are unsure whether any contemplated use or action is permitted, please contact Apollo Streams through the following online link: www.apollostreams.com/Contact. Actions which Apollo Streams considers inappropriate include, but are not limited to, (1) using the Apollo Streams App to playback any content of the nature set forth in 47 U.S.C. §230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable); (2) using the Apollo Streams App to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence; (3) using the Apollo Streams App to post any content that places Apollo Streams, its employees, agents, or affiliates in a bad light or subjects them to public scorn or ridicule; (5) using the Apollo Streams App to playback any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others; (6) deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; (7) using the Apollo Streams App in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or (9) introducing viruses, worms, Trojan horses, or other harmful code on the Internet. You further agree that You agree that you will not, under any circumstances: (a) solicit, or attempt to solicit, personal information from other users of the website; (b) collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents or financial information through the website; or (c) upload or transmit, or attempt to upload or transmit, without Our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
6. Right to Use Submissions. “User Content” means any communications, images, sounds, data and information that you upload or transmit through the Apollo Streams App, or that other users upload or transmit. You grant to Apollo Streams a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import User Content, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that You have all rights necessary for you to grant the licenses granted in this section with respect to any User Content and that your provision of User Content through the Apollo Streams App complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any User Content that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. We reserve the right, at Our sole discretion, to edit any User Content and to choose to include or not include such User Content in marketing for the Apollo Streams App. The Profiles and Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through videos created using the Apollo Streams App are those of such third parties and not of Apollo Streams, and Apollo Streams does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Apollo Streams App at any time. Please understand that removal or editing of any User Content or other materials may not occur immediately. You understand and accept that removed content may persist in back-up copies for a reasonable period of time.
You acknowledge and agree that We have no control over, and will have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the videos created, Profiles, Forums or any other part of the website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A STREAMED VIDEO OR OTHERWISE THROUGH THE APOLLO STREAMS APP OR OTHER SOCIAL MEDIA, YOU DO SO AT YOUR OWN RISK.
7. Third Party Advertising. You understand that User Content streamed through the Apollo Streams App may feature advertisements, including videos, from Apollo Streams or other third parties. You may be compensated by Apollo Streams for any such advertisements You view. Apollo Streams makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to or from the Apollo Streams App, and will not be liable for any claim relating to any third party content, goods and/or services. The third parties and the advertisements are not under the control of Apollo Streams and may collect data or solicit personal information from you. Apollo Streams is not responsible for any actions or omissions by such sites, for their content, business practices or privacy policies, or for their collection, use or disclosure of any information. Further, the inclusion of any advertisement does not imply endorsement by Apollo Streams of the goods or services offered therein. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
8. Indemnification. You agree to indemnify and hold harmless Apollo Streams and its officers, directors, employees, agents, and affiliates, and each of their successors and assigns from and against any and all costs, losses, claims, liabilities, fines, penalties, consequential damages whatsoever, incurred in connection with, arising directly or indirectly out of, resulting from or incident to (i) Your use of the Apollo Streams App, or (ii) any third party claims alleging infringement of any proprietary rights related to any content delivered by You utilizing the Apollo Streams App.
9. Modification of Service. Apollo Streams reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Apollo Streams App (or any part thereof) with or without notice. You agree that Apollo Streams shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Apollo Streams App.
10. Support and Maintenance of the Apollo Streams App. You acknowledge and agree that Apollo Streams has no obligation to provide maintenance and support of the Apollo Streams App to You.
12. Limitation of Liability. The Apollo Streams App is provided to You as-is. You expressly agree that use of the Apollo Streams App is at Your sole risk. Neither Apollo Streams, nor its employees, affiliates, agents, distributors, resellers, or the like, warrant that the Apollo Streams App will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information or service contained in or provided through the Apollo Streams App, unless otherwise expressly stated in this Agreement.
a. Under no circumstances, including negligence, shall Apollo Streams, its officers, agents or anyone else involved in creating, producing, or distributing the Apollo Streams App be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Apollo Streams App; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Apollo Streams records, programs or services.
b. Except as expressly set forth in this agreement, Apollo Streams makes no warranties, express, implied or statutory, relating to anything within the scope of this agreement. All implied warranties of merchantability, fitness for a particular purpose, noninfringement, compatibility, title, usage of trade and course of dealing are expressly disclaimed and excluded. This disclaimer applies to, but is not limited to, all products, goods, improvements, equipment, and services sold or otherwise provided by Apollo Streams to You.
c. Notwithstanding the above, Your exclusive remedies for all damages, losses and causes of actions whether in contract or misdemeanor including negligence or otherwise, shall not exceed the aggregate dollar amount which You paid during the term of this Agreement.
13. Governing Law; Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Utah. To the fullest extent permitted by law, You hereby expressly agree that any proceeding arising out of or relating to Your use of the shall be instituted in a state or federal court sitting in Salt Lake County, Utah, USA, and You expressly waive any objection that You may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to Your use of the Apollo Streams App must be filed within one (1) year after such claim or cause of action arose.
14. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
16. Non-transferable Apollo Streams Account. You acknowledge and agree that access to the Apollo Streams App is controlled exclusively by Apollo Streams. You shall not transfer Your access to the Apollo Streams App to any other person or entity, nor allow any other person or entity to access the Apollo Streams App via Your login credentials.
17. Confidentiality. You acknowledge that Apollo Streams may disclose confidential and proprietary information to You, including but not limited to, any documentation regarding the operation of the Apollo Streams App (the “Confidential Information”). You agree to preserve and protect the confidentiality of the Confidential Information and not to disclose any Confidential Information to any third party without the prior written consent of Apollo Streams. Your confidentiality obligation shall not apply to information that:
a. is already in Your possession at the time of disclosure thereof;
b. is or later becomes part of the public domain through no fault of You;
c. is received from a third party having no obligations of confidentiality to Apollo Streams;
d. is independently developed by You; or
e. is required by law or regulation to be disclosed.
In the event that information is required to be disclosed pursuant to subsection e. and to the extent authorized by the law, You shall notify Apollo Streams to allow Apollo Streams to assert whatever exclusions or exemptions may be available to it under such law or regulation.
18. Term and Termination. This Agreement shall continue until terminated by Apollo Streams or by You. Termination must be effectuated in writing. Upon termination, Your access to the Apollo Streams App shall be withdrawn and You agree to return all Documentation to Apollo Streams. Sections 3, 6, and 9-15 shall survive termination of this Agreement.
19. Notice and Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Apollo Streams App infringe your copyright, you (or your agent) may send Apollo Streams a notice requesting that it remove the material or block access to it. Submit your complaint by email or in writing and include in it the following information:
· A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description for where the material that you claim is infringing is located on the site;
· Your address, telephone number and e-mail address;
· 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
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See copyright.gov for details.
Our Copyright Agent for notices and counter-notices relating to claims of copyright infringement on the Website can be reached as follows:
We endeavor to respond quickly to the concerns of rights owners about any alleged infringement.
We suggest that you consult your legal advisor before filing a notice or counter-notice.