Vivo (herein referred to as the "Service"), accessible through the website http://www.vivolive.com (herein referred to as the "Site"), and provided by EZXStream LLC, offers a web-based live streaming video application. Before using the Service, please read the following Terms of Service ("Terms"). By proceeding to use the Service, you acknowledge you have read and agree to the following Terms.
This document is a legally binding agreement between you and EZXStream LLC. If you object to these Terms, you are not eligible to use the Site or Service.
The Service has two groups of Users, Members and Visitors. To become a Member, you must register for the Service through a sign-up form and certify that you agree to these Terms. Individuals under the age of 13 are prohibited from using the Service. Users may be individuals, organizations, or any other legal entity that is not expressly prohibited from using the Service.
During Member registration for the Service, you must provide a username, password, and email address. Certain areas of the Service require a valid credit card and billing address.
By registering, you acknowledge that you are eligible to use the Site and Service and that the information provided is completely accurate. You may not create an account using false or ficticious credentials, or for another person or entity without explicit permission.
You are responsible for safe storage of your login credentials and selection of a strong password. You are responsible for all usage of your account. If you share your login credentials, you are responsible for any violations of these Terms and the financial costs that result from account use. If you suspect your login credentials have been stolen or your account has been accessed in an unauthorized manner, you must contact EZXStream LLC immediately so your account can be reviewed.
3. Use of the Service
The Service is intended to be used to broadcast live video of private and public events. By using the Site and Service, you agree to be bound by all applicable international, federal, state, and local laws and regulations. By broadcasting an event you certify that you have explicit permission to transmit and record images and footage of the event and its participants.
The following types of events may not be broadcast live, hyperlinked to, uploaded to, or promoted in any way on the Service: copyrighted materials, unauthorized intellectually property, unauthorized public or private events, trade secrets, pornography, drug use, real or implied graphic, gruesome, or gratuitious violence, hate speech, threatening messages, identity theft, impersonation, defamation, fraud, verbal or physical harassment, slanderous materials, malicious software, promotion of scams, or promotion of an activity that is illegal in your country, territory, state, province, city, municipality, or other geographic designation. EZXStream LLC reserves the right, at its sole discretion, to terminate any any live broadcasts, images, links, live event pages, and chat room messages that it deems inappropriate, infringes on these Terms, or are suspected of infringing on these Terms. Additionally, EZXStream LLC reserves the sole right to suspend or terminate the account of any Member, or block access to the Service by any Visitor, who infringes or is suspected of infringing on these Terms.
By using the Service, you may maintain as much privacy and anonymity as you wish. If you choose to make an event public, or choose to visit another public event, you may voluntarily or involuntarily encounter and interact with other Members or Visitors of the Service. EZXStream LLC is not responsible and does not endorse live video, comments, images, links, or any other content promoted by or posted by other Members. By using the Site, you are responsible for maintaining relations, moderating disputes, and determining what, if any, personal information you share with other members. If interactions with other Members or Visitors result in a violation of these Terms, EZXStream LLC may suspend or terminate that Member account or block the Visitor from continued interactions with the Service. EZXStream LLC has the sole discretion over determining whether Member or Visitor interactions violate these Terms. Member or Visitor interactions that take place outside of the Site are not covered by these Terms, and EZXStream LLC occurs no liability for such interactions.
Use of the Service is limited to live video broadcasting and the provided feature set that surrounds it. The Service must be accessed through a commerically available web browser. The Service may not be used for any other reasons or accessed by any other means. The source code and databases for the Service are considered Intellectual Property. Any attempts to access, test, breach, reverse engineer, or spoof non-publically accessible portions of the Service's source code or data, for any reason, is grounds for immediate termination of a Member account and legal prosecution.
4. Suspended or terminated accounts
EZXStream LLC is under no obligation to continue to fulfill these Terms or provide the Service to a suspended or terminated Member account. Videos, data, images, messages, and other content stored by the suspended or terminated member may not be accessed and is subject to deletion from the Service's databases. EZXStream LLC has sole discression over if or when to restore service to a suspended Member account, and whether or not to issue refunds or restore service to a terminated Member account. The final determination of the status of a Member account lies with EZXStream LLC.
5. Limitations of liability
EZXstream LLC does not own or endorse video, images, messages, or any other content promoted by Members or Visitors on the Service. Due to the rapidly changing nature of live broadcasting and live interactions with visitors, content is not moderated by EZXStream LLC. Content that is deemed inappropriate or in violation of these terms may appear on the Service without knowledge of EZXStream LLC. EZXStream LLC is not responsible for any illegal, offensive, or content that is in violation of these Terms. Furthermore, EZXStream LLC and its partners do not endorse any content that appears on the Site or Service unless expressly stated. EZXStream LLC will remove content that infringes these Terms as it is reported.
EZXStream LLC, its staff, partners, and affiliates have no responsibility for legal, civil, social, professional, ethical, or health issues, or any other outcomes, ramifications, or damages that may result from use of the Service. EZXStream LLC makes no guarantees that content submitted by Members or Visitors is factually accurate. All Member or Visitor submitted content should be treated as the thoughts of the individual, and in no way reflects the views of EZXStream LLC.
When required by applicable legal proceedings or governing bodies, EZXStream LLC may provide website log files, statistics, chat and discussion transcripts, copies of video broadcasts, and any other content and information that is mandated. EZXStream LLC is not liable for any of the content shared on or added to the Site, and is not responsible for financial issues, legal implications, damages to Third Parties, or other penalties that may result from the contribution of said content.
Technical issues and service disruptions may occur periodically and for a multitude of reasons stemming from the Service, its partners, its Members, or its Visitors. EZXStream LLC is not responsible for any loss of data or malfunctions that result from a technical malady on the Member-side that is beyond the control of the Service. This includes, but is not limited to, personal computer failiures, camera failures, cable failures, equipment misuse, incompatible hardware, lack of Internet connectivity and sufficient bandwidth, or any other Member-side device failure or malfunction.
EZXStream LLC, its partners, and affliates reliquish all liability from these Terms and other obligations should a force majeure event directly impact or indirectly impede its offices, data centers, warehouses, or other property necessary to continue day-to-day operations in a manner that causes a unforseeable, non-preventable stoppage of service. Force majeure events include, but are not limited to fire, flood, earthquake, storm, tornado, hurricane, other act of nature, act of God, major electrical or internet outage, criminal activity, riot, conflict, civil unrest, power confiscation, war, terrorist activity, international incident, invasion, government sanction, blockage, or labor incident.
If the Service's servers, databases, or any other content are inaccessible at the fault of the Service or its partners, EZXStream LLC will work expediently to remidy the situation and offer compensation equivalent to the real monetary value of lost credit blocks when applicable. Features of the Site that span beyond live broadcasting are available at the sole discretion of EZXStream LLC and are subject to addition, removal, or alteration with or without prior notice.
6. Account cancelation
You may cancel your account at any time. Upon cancelation, you can either choose to use your balance of remaining credits, or you can be refunded for the monetary amount of credits remaining
Upon cancelation, EZXStream LLC is no longer bound to these Terms and is not required to fulfill any additional obligations. Stored data and content, including videos, images, chat messages, and event pages may be deleted from the Service's databases. Canceled accounts cannot be re-opened. If you choose to continue using the Service after canceling, a new account must be created.
EZXStream LLC may offer promotions, including contests, frequent user rewards, and free trial periods of the Service. Participation in any promotion is optional and promotions may or may not be announced in advance. Promotions may have a separate set of official rules and terms of services that may specify eligibility requirements and rules that are unique to that promotion.
You are responsible for all financial charges associated with using the Service. You will be notified of a financial charge prior to the authorization of any credit card transaction. Upon purchasing blocks of credits for the Service, you may broadcast live until these credits are depleted. To ensure seamless use of the site and no dropped service mid-broadcast, once depleted, your credit blocks will automatically renew.
Credit blocks are good for a period of 180 days. After this period, your credit blocks will no longer be usable, and new ones must be purchased.
If you believe you were charged in error, or you believe your account has been accessed by an unauthorized individual, you must contact EZXStream immediately for a review of your account.
EZXStream LLC reserves the right to alter the Service's billing policies at any time. Existing Members will be notified of all billing policy changes.
Members may request a monetary refund of their remaining unused, purchased account credit balance at any time and for any reason. Refunds will be issued only to the initial purchaser and through the same means by which the credits were purchased. Any exceptions will be made at the sole discretion of EZXStream LLC.
10. Terms of Service ammendments and contact information
EZXStream LLC reserves the right to ammend, cancel, or suspend these Terms in any way, at any time, and for any reason. If the Terms are altered, a notice will be posted on the Site in advance of the activation of new Terms. By agreeing to these Terms, you agree to be bound by any future alteration of these Terms as well. If you object to the revised Terms, you are not eligible to continue using the Service.
EZXStream LLC, the Service, and the Site are governed by Pennsylvania law and based in Allegheny County, Pennsylvania. If you would like a copy of these Terms or have any other questions or comments for EZXStream LLC in regards to these Terms, the Service, the Site, or our partners, please email firstname.lastname@example.org, write to us at EZXStream LLC, 35 S. 3rd St. Pittsburgh, PA 15219, or use our web-based contact form here.