Last updated: April 11, 2012
Cheapeststream.com, having its place of business in Sherman Oaks, California (“Cheapeststream”) is providing you with access to the website located at Cheapeststream.com (the “Web Site”) and to the services provided on the Web Site (the “Services)
2. Grant of Right to Use Web Site Materials
3. User Account to Access Services
In order to use the Services provided on the Web Site, you must first become a Cheapeststream member. To become a member, You must register by completing the Cheapeststream member registration form found on the Web Site. You are responsible for maintaining the confidentiality of your login and password information.
With regards to registration and account information, you represent and warrant that
- a. the information provided and factual assertions made to Cheapeststream are accurate and complete;
- b. the contact information provided is up to date and accurate and allows Cheapeststream to communicate with you in a timely manner as required;
- c. if you are an individual, you are of the age of majority in your country and have the legal capacity to enter into this Agreement;
- d. if you are an entity or organization,
- i. Your entity or organization is duly authorized to do business in the country or countries where it operates,
- ii. the individual accepting the Agreement meets the requirements of subsection c. above and is an authorized representative of your entity or organization, and
- iii. Your entity or organization’s employees, officers, representatives and other agents accessing the Services are duly authorized to do so and to legally bind you to this Agreement and to all transactions conducted under Your account.
4. Inventory Requirements
Service Provider will take the following inventory:
- Any portion of the platform skin
- 100% of all pre-roll and display inventory
- In-Stream: 3 minutes per hour, M-Su 5am-12midnight with associated sync banners
The in-stream and pre-roll ad inventory taken by Service Provider shall have priority over Client’s inventory . Service Provider reserves the right to agrregate the in-stream inventory minutes on a monthly basis, and play the associated ads in a fair and equitable rotation.
5. Terms Governing Your Use of the Services
6. Content Property of Cheapeststream
All content on the Web Site, including, but not limited to text, graphics, pictures, designs, information, applications, software, audio or video files and their presentation on the Web Site (the “Content”) is the property of Cheapeststream. Except as provided in this Agreement, none of the Content may be modified, copied, distributed, framed, reproduced, downloaded, displayed, transmitted, or posted in any form, or by any means without the express written consent of Cheapeststream. Cheapeststream further reserves all rights in it’s trade name “Cheapeststream”, trademarks, service marks and logos and the name, marks, and logo may not be reprinted, distributed or displayed without Cheapeststream’s express written permission.
7. Limitation of Liability
You acknowledge and agree that your use of Cheapeststream’s Web Site and Services is “as-is” and Cheapeststream does not make, and hereby disclaims, any and all other express and implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. Cheapeststream does not warrant that the use of its Web Site and Services will be uninterrupted, error-free or completely secure or that the data stored by you will be secure or not otherwise lost or damaged. In no event shall Cheapeststream be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not Cheapeststream had knowledge that such damages might be incurred. In no event shall Cheapeststream be liable for any representations or warranties made to a third party by you or any of your respective agents or any claims against you by any third party. In no event shall Cheapeststream be liable for more than the aggregate payments actually received from you for any Services you purchase from the Web Site in the twelve months preceding the event giving rise to a claim by you. Certain jurisdictions limit disclaimers of warranties and limitations of damages. In any such jurisdiction, this limitation of liability shall be deemed amended solely to the extent necessary to comply with the laws of such jurisdiction.
8. Termination of Access to Web Site, Services, and/or User Account
Cheapeststream reserves the right to suspend or terminate your access to the Web Site, your account with Cheapeststream, and your access to Services offered through the Web Site immediately and without notice if you are found to have breached this Agreement in any manner whatsoever.
9. Your Indemnity
You hereby indemnify and hold harmless Cheapeststream, and Cheapeststream’s directors, officers, employees, agents and contractors from and against any claims and expenses (including reasonable attorney fees) arising from Your violation of any of the terms of this Agreement or your use of the Web Site or Services.
11. Severability of Terms
If any of the terms in this Agreement are found to be unlawful, void, or for any reason unenforceable, then such provision(s) shall be deemed severable from the other the terms of this Agreement and shall have no affect on the validity of the remaining terms.
12. Non-Waiver of Rights
The failure of either party to insist on or enforce the strict performance of the other party’s obligations with respect to any of the terms of this Agreement, or to exercise any rights found herein, will not be construed as a waiver or diminishment of such party’s right to assert or rely upon any such provision or right in any other instance, and same will remain in full force and effect.
13. Governing Law
All matters relating to your access and use of the Web Site and the Services shall be governed by the laws of the state of New York and the federal laws of the United States of America. You therefore agree to the courts of New York and of the United States of America having legal jurisdiction. You also agree that you are fully responsible for complying with all of your local laws.