Last updated: April 11, 2012
This User Agreement (the “Agreement”) is a binding agreement between Cheapeststream.com (“Cheapeststream”) and you an individual, or you a company or other legal entity (“You”). This Agreement sets forth the terms and conditions under which Cheapeststream permits You to use the Services offered by Cheapeststream.
By accepting this Agreement, You agree to be bound by its terms and conditions. If You do not agree with the terms and conditions of this Agreement, You may not use Cheapeststream’s services or products (the “Services”) and must either refuse to accept this Agreement when prompted to do so. This Agreement takes effect immediately upon your acceptance of this Agreement.
By accepting this Agreement, You agree to the following:
1. Modification of this Agreement
Cheapeststream reserves the right to modify this Agreement at any time by posting a revised version of the Agreement on cheapeststream.com (the “Web Site”) and notifying You via the e-mail address indicated by You in your account information. Such revised versions of this Agreement shall become effective for You fifteen (15) days after notification has been sent by Cheapeststream. By continuing to use or receive Cheapeststream’s Services after the effective date of any revisions to this Agreement, You shall be deemed to have accepted the revised Agreement and shall be bound by its terms and conditions. This Agreement was last modified on the date set forth at the top of this Agreement.
2. Account Registration and Membership
- 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.
3. Rules Relating to Use of Service
You acknowledge and agree that You are solely responsible for all content which You stream, distribute, or store via Cheapeststream’s Services (“Your Content”). The necessity to acquire any rights for Your Content is solely your responsibility. Cheapeststream is in no way responsible for Your Content and does not provide any form of legal protection whatsoever for Your Content used in conjunction with Cheapeststream’s Services.
You agree to use Cheapeststream’s Services 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 the Services. In this regard and in regards to the general requirement that You use Cheapeststream’s Services in an appropriate manner, You hereby represent and warrant that
- a. You shall not use Cheapeststream’s Services in a manner that infringes, violates or misappropriates the rights of any third party;
- b. You own and/or control all of Your Content or you have acquired all the licenses, permissions and rights necessary for Your use of Your Content;
- c. You shall not use Cheapeststream’s Services to engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations;
- d. You shall not use Cheapeststream’s Services to disseminate or cause the dissemination of viruses, Trojan horses, worms, time bombs, bots, or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- e. You shall not use Cheapeststream’s Services in any manner that violates any applicable local, state, national, or international laws;
- f. You shall not use Cheapeststream’s Services in any manner that violates the privacy of any person or entity; and
- g. You shall not use Cheapeststream’s Services in a way that is otherwise illegal or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
You are not permitted to use Cheapeststream’s name, URL, trademarks, copyrights or properties without the express written consent of an agent of Cheapeststream or unless otherwise specified.
4. Your Service Requirements
You acknowledge and agree that certain basic requirements are necessary for You to make use of Cheapeststream’s Services. You must have a computer with internet access, a web browser (the latest versions of Firefox, Microsoft Internet Explorer or Google Chrome are recommended), and the Flash Media Player (which can be downloaded free of charge here: http://get.adobe.com/flashplayer/). Cheapeststream is in no way responsible for Your hardware or software incompatibility to network elements that are not under the control of Cheapeststream.
5. End User Service Requirements
You acknowledge and agree that certain basic system requirements are necessary for listeners who whish to access Your Content through Cheapeststream Services (“End Users”). End Users must have a computer with internet access, a web browser (the latest versions of Firefox, Microsoft Internet Explorer or Google Chrome are recommended), a sound card, speakers, and a compatible streaming player such as Winamp, Flash Player, Windows Media Player (standard on most Windows operating systems), or VLC. Cheapeststream is in no way responsible for End User hardware or software incompatibility to network elements that are not under the control of Cheapeststream, including but not limited to End User’s LAN, WAN, router and firewall.
6. Third Party Software
Cheapeststream’s Services may include software and/or services that are proprietary to third parties (“Third Party Software”). The providers of Third Party Software are express third-party beneficiaries under this Agreement, with a right to enforce the terms of this Agreement against You. The providers of Third Party Software make no representation or warranty to You. You acknowledge and agree that Your use of Third Party Software is subject to terms and conditions issued by the providers of such Third Party Software and You hereby agree to be bound by those terms and conditions. The terms and conditions for Third Party Software currently being used by Cheapeststream’s Web Site and Services can be found here:
SAM Broadcaster LITE: http://spacial.com/sam-broadcaster-lite-eula
7. Storage of Your Content
You acknowledge and agree that although Cheapeststream will make all best efforts to securely store Your Content, all of Your Content is stored by Cheapeststream at your own risk and Cheapeststream assumes no responsibility for any loss, damage, or corruption to Your Content. In addition, Cheapeststream does not backup Your Content, the backup of which is Your sole responsibility.
8. Ordering of Service and Service Fees
You may order Cheapeststream Services through Your member account on the Web Site. Fees for all of Cheapeststream’s Services are defined on the Web Site. Fees are subject to change and may be updated by giving You thirty (30) days notice via the e-mail address indicated in Your account information. For the purposes of yearly subscriptions, a year is defined as a 365-day-period that starts on the date of initiation of service (for example, March 3, 2012, through March 2, 2013). For the purposes of monthly subscriptions, a month is defined as a 28 to 31-day period that starts on the date of initiation of service (for example, March 3, 2012, through April 2, 2012). Fees for monthly services are invoiced at the end of the calendar month in which the service is initiated.
The Cheapeststream Support Center staff is available to provide technical support regarding issues directly related to the availability and functionality of Cheapeststream’s Services. You may contact the Support Center by creating a Support Ticket online. You must provide Your basic account information and adequate details of Your technical issue in order to receive support, failing which response and/or resolution may be delayed. You acknowledge and agree that Cheapeststream’s responsibility is limited to software, hardware, and network elements under Cheapeststream’s control and directly related to the availability and functionality of Cheapeststream’s Services. You further acknowledge and agree that, while the Cheapeststream Support Center aims to help clients as much as possible, Cheapeststream will not provide generic computer, Internet, or website advice nor will Cheapeststream provide support for elements that are ordinarily Your responsibility or the responsibility of Your ISP or for issues related to End User applications.
Where You have purchased a yearly or monthly subscription to Cheapeststream’s Services as detailed in section 8, such subscription shall be automatically renewed at the end of the subscription period. Should You wish to cancel Your subscription, You must advise Cheapeststream through Your member account no less than fifteen (15) days before the end of the subscription period.
11. Suspension and Termination of Service
Cheapeststream reserves the right to suspend or terminate Your account with Cheapeststream and access Your to Cheapeststream Services immediately and without notice if You are found to have breached this Agreement in any manner whatsoever. In addition, Cheapeststream may terminate this Agreement, Your account with Cheapeststream, and access Your to Cheapeststream Services for any reason whatsoever in which case notice will be sent to You thirty (30) days prior to such termination via the e-mail address indicated by You in your account information.
Cheapeststream will collect and store information which you provide for purposes of your registration with Cheapeststream, your purchase of services (“Services”) offered through http://cheapeststream.com/ (“Web Site”), and for communicating with you regarding your account and providing you with general Cheapeststream information. By using the Cheapeststream Web Site and Services, you consent that Cheapeststream can collect, store, and use the information you provided for these purposes. The information you submit to Cheapeststream during the registration process will be reviewed to ensure that it is reliable, accurate and complete. With the exception of applicable provisions herein, your information will remain strictly confidential and will not be sold, rented, disclosed or made available to anyone other than Cheapeststream. Any credit card information which you provide for the purpose of payment for Services purchases from the Web Site will not be stored by Cheapeststream.Cheapeststream may collect, use, or disclose your information without your knowledge or consent if it is reasonably necessary:
- a. in case of an emergency where the life, health or security of an individual is threatened;
- b. to satisfy any applicable law, regulation, legal process or enforceable governmental request;
- c. to enforce applicable terms of this Agreement, including investigation of any possible violations;
- d. to detect, prevent, or otherwise address fraud, security, or technical issues; or
- e. to protect against harm to the rights, property, or safety of Cheapeststream or any member of the public.
Cheapeststream will protect personal information through appropriate security measures against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction. Cheapeststream will protect the information regardless of the format in which it is stored.
13. Limitation of Liability
You acknowledge and agree that Your use of Cheapeststream 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 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 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.
14. 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 Cheapeststream Web Site or Services.
15. 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.
16. 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.
17. 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.