1. Ownership. WorldStreamTV.com is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by WorldStreamTV.com for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
2. USE OF THE SITE, GENERAL TERMS
2.2 Non-Commercial/Personal Use Limitation. WorldStreamTV.com grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
2.3 Nature of Services. WorldStreamTV.com offers its Site services for entertainment purposes only. WorldStreamTV.com does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, WorldStreamTV.com is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND ACCESS TO THE CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.4 Streaming/Downloading methods of access to Site Content. Access to Site Content can be provided in various types such as downloading, streaming or both. The format, availability and price for access to each piece of Site Content is indicated as such on the Site.
2.5 Username/Password. WorldStreamTV.com may issue you a username and/or password for access to portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or others an access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites WorldStreamTV.com shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
3. TERMS RELATING TO SUBSCRIPTION OFFERINGS
3.1 Fee-Based Service Charges. Most of the access to the audio/visual content (the "Video Content") on the Site is available only on a fee basis (that is, you must pay to access the Video Content). This Video Content is sometimes referred to herein as the "Fee-Based Services". Not all users of the Site (depending upon the user's geographic location, equipment that the user is using and other factors) will have access to all versions of the Fee-Based Services. Given the foregoing, certain of the terms and conditions contained herein may not be applicable to every user (for example, the terms relating to subscription services will not be applicable to those users unable to access our subscription services).
3.2.1 Billing Cycle Date. Once you subscribe to our subscription service, we will bill your credit card on the same date of each subsequent month. We call this date – "Billing Cycle Date".
3.2.2 Billing. WE WILL BILL YOUR CREDIT CARD AT THE MONTHLY SUBSCRIPTION RATE EACH AND EVERY MONTH UNTIL YOU CANCEL YOUR SUBSCRIPTION (or until we decide to stop, whichever comes first). This way, you will have continuous access to the content that is in our subscription program. If you decide to cancel your subscription, which you can do at any ime, login to the Site and click on the link with your name on it - "First Last". The Site will then redirect you to the menu where you can cancel your subscription. Your subscription will remain active until your next Billing Cycle Date.
3.3 General Terms relating to Fee-Based Services.
3.3.1 In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
3.3.2 For purposes of identification and billing, you agree to provide WorldStreamTV.com with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at WorldStreamTV.com’ option, result in immediate suspension or termination of your right to use the Fee-Based Services.
3.3.3 You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
3.3.4 You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
3.3.5 Terms Relating to Refunds. You can cancel your service anytime. WorldStreamTV.com provides no refunds. We will, however, keep your subscription active until your next Billing Cycle Date.
4. SERVICE WARRANTY; LIMITATION OF LIABILITY
4.1 Service Delivery. WorldStreamTV.com utilizes the Internet to provide content access services to its subscribers. The Internet is a BEST-EFFORT public electronic communications domain. Due to the fact that the Internet comprises a wide range of networks, the volume of network traffic, geographical distance, latency, packet loss, any network outages and/or maintenance can substantially affect possible throughput and dramatically reduce the actual bandwidth available compared to the theoretical maximum. Because of this, there is no way to guarantee the data rate the viewer can see in real time, even if your Internet subscription/access speed is adequate. Users are encouraged to test their speeds using free preview options on the Site BEFORE they buy a subscription. Even if free preview provides for an acceptable viewing experience, WorldStreamTV.com can NOT guarantee the same viewing experience every time. Free preview should be used as guidance and NOT as a guarantee of service levels for any given time.
4.3 Content, Content Access and Availability. WorldStreamTV.com does not make any warranties of any kind, either expressed or implied with respect to the Site, content hosting/streaming servers (“Servers”), content or any goods or services sold through the Site. WorldStreamTV.com DOES NOT and CAN NOT guarantee Servers and Site uptime, availability, accessibility, security, performance, failover and/or redundancy. Servers, services, goods and content are available on “AS IS”, “AS AVAILIBLE” and “BEST-EFFORT” basis and can be removed/disconnected by WorldStreamTV.com or its providers and/or partners at any time with or without notice. WorldStreamTV.com shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the inability to access/use the Site, Servers, content, services and/or goods sold and/or offered free on the Site.
4.4 Termination. In addition to any other rights of the parties set forth herein, either you or WorldStreamTV.com may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. WorldStreamTV.com also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If WorldStreamTV.com terminates this Agreement based on a breach of any portion of this Agreement, WorldStreamTV.com reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
5. GENERAL TERMS
5.4 Force Majeure. WorldStreamTV.com shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
5.5 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
5.6 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US
5.7 WorldStreamTV.com makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in all locations. Those who choose to access this Site do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
5.11 Modifications. WorldStreamTV.com has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of WorldStreamTV.com in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions. WorldStreamTV.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. WorldStreamTV.com may also impose limits on certain features and services or restrict your access to parts or all of the WorldStreamTV.com Site without notice or liability. THANK YOU FOR VISITING OUR WEBSITE. WE APPRECIATE YOUR BUSINESS AND LOOK FORWARD TO HAVING YOU AS A CUSTOMER.