TERMS OF SERVICE
Effective Date: January 01, 2024
This Terms of Service is entered
into between you and Visual Streams., its subsidiaries and affiliates and
applies to Visual Streams and websites on which it is placed (collectively, the
“Service”).
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SERVICE YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF SERVICE.
1. LICENSE
1.1.
License. Visual Streams exclusive, non-sublicensable,
nontransferable, revocable, limited license to install and use any Visual
Streams you downloaded from an authorized third party. You agree that no title
or ownership interest in the Service is transferred grants you a non- or
assigned to you and that the Terms of Service is not a sale of any right to the
Service.
1.2.
Streaming and Social Media License. Visual Streams grants you a
non-sublicensable, non-transferrable, revocable, limited license to publicly
display Visual Streams on online video streaming websites, such as youtube.com
and twitch.com, and social media, such as tweeting a GIF (“Social Content”). Visual
Streams may terminate or modify the scope of this streaming and social media
license granted to you at any time without notice or compensation and will not
be liable to you or any third party for any loss incurred relating thereto.
1.3.
User Content License. User content includes any information that you submit, transmit
or upload while using the Service and Social Content (“User Content”). By providing
User Content you represent and warrant that you have all consents, licenses and
rights necessary to provide and license the User Content and you grant Visual
Streams an exclusive (non-exclusive in the case of Social Content),
irrevocable, fully-paid, royalty free, perpetual, sub-licensable,
transferrable, worldwide license to User Content under all copyright,
trademark, trade secret, patent, privacy and publicity rights and any other intellectual
or industrial property rights you own or control to use, broadcast, disclose, display,
distribute, modify, make derivative works of, publicly perform, publish,
record, reproduce, sublicense (on multiple levels), translate, transmit or
otherwise exploit for all purposes and in all formats and mediums and with any
technology now known or hereafter developed and for all purposes without
attribution, notice, permission or payment to you or a third party. Visual
Streams reserves the right to review, edit, delete or block access to User
Content without notice.
2. USE OF THE SERVICE
2.1.
Account. Use
of the Service may require you to register a user account with Visual Streams
directly or with a third party, such as Google or Apple (each, an “Account”). Visual
Streams strongly recommends that you keeping your
login information confidential. You agree to be bound by any use of your
Account, including charges and purchases, whether or not
authorized. You represent and warrant that you are permitted to use the method
of payment associated with your Account and agree to pay for charges and fees
incurred by your Account, which are not refundable.
2.2.
Membership. Visual
Streams may offer you a VIP Service membership, granting you access to certain
Service features (for example, new characters), which may not be available to
non-members (“Membership”). The first three days of your Membership are free
the first time you subscribe. Thereafter, Visual Streams shall automatically
charge you a weekly Membership fee. Current Membership fees and additional
terms are detailed at membership and are subject to change, on one or more occasions,
upon renewal of your Membership. Membership fees exclude applicable taxes,
duties and charges and are non-refundable. Membership fees are billed and charged
automatically by Visual Streams and/or third parties authorized on its behalf
on a weekly basis to the credit card (or any replacement card) you provided to Visual
Streams until the date your Membership is terminated by your submission of a
cancellation request to Visual Streams through the Service or termination of
your access to the Service.
2.3.
Personal Data. Accessing
the Service may require you to provide Visual Streams with personal data, which
is collected, used and disclosed in accordance with Visual Streams’s
Privacy Policy. You agree to provide accurate and complete personal data to Visual
Streams and to update your information if it changes.
2.4.
Access. Access
to the Service may require hardware including but not limited to a computer or
mobile device with a current operating system, web browser and an Internet
connection. You agree to provide all hardware and the
Internet connection required to use the Service and to pay all fees incurred by
you when accessing the Service through an Internet connection.
3. LIMITATIONS ON USE OF THE SERVICES
3.1.
Limitations. You
agree that you will not use the Service in the following manner:
a.
engage in conduct that Visual Streams
determines, in its sole discretion, to constitute improper use of the Service;
b.
decompile, disassemble or reverse engineer the
Service or otherwise attempt to derive Service source code;
c.
except for Social Content, reproduce, rearrange,
modify, translate, create derivative works from, display perform, publish or
distribute the Service;
d.
sell, lease or remove/alter advertising in the Service;
e.
cheat or use, develop or distribute automation
software (bots), macro software or other cheat utility software or knowingly
exploit a flaw or bug in the Service;
f.
break, attempt or otherwise assist with the
disruption of any computer used to support the Service or experience of another
user;
g.
upload files that contain viruses, Trojan
horses, worms, time bombs, corrupted files or data or other similar software or
programs that may damage operation of the Service or the computers of other users;
h.
utilize the Service or any part thereof for
commercial purposes, except pursuant to the streaming license set forth in
section 1.2;
i.
promote or encourage illegal activity including,
without limitation, hacking, cracking, distribution of counterfeit software,
cheats or hacks for the Service;
j.
use profanity, including short forms for
profanities, punctuation marks used in place of profanities and colloquial
versions of profanities;
k.
engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable
or offensive;
l.
communicate, link to, post, submit or upload
content that contains nudity or other sexual material, violence or any other
objectionable or offensive conduct;
m.
abuse, bully, harass or publish false or
misleading information about users or encourage others to do the same;
n.
infringe or violate the rights of a third party
including but not limited to:
i.
contractual rights;
ii.
copyright, patent, trademark or trade secret rights;
iii.
privacy rights; (iv) publicity rights; or (v)
confidential information;
o.
collect or attempt to obtain user data, whether
personal or anonymous;
p.
impersonate another person or an employee of Visual
Streams; or
q.
advertise products or services, as determined by
Visual Streams in its sole discretion.
4. TERMINATION
4.1.
Suspension and Termination. Visual Streams may suspend or terminate your
access to the Service at any time for any reason including but not limited to
your violation of the Terms of Service, as determined in its sole discretion.
Whether a suspension will be lifted is at the sole discretion of Visual Streams.
You may terminate your access to the Service at any time by ceasing to use the
Service and deleting any Visual Streams you have installed. Data collected by Visual
Streams may be retained for a period of time after
your access to the Service is terminated, as described further in the Privacy
Policy.
4.2.
Effect of Suspension or Termination. Upon
suspension or termination, you acknowledge and agree that Visual Streams shall
cease to provide you access to the Service and may delete data associated with
your use of the Service, including purchases you have made, as further
described in section 5. You are not entitled to a refund or other compensation
of any kind as a result of suspension or termination,
regardless of whether effected by you or Visual Streams, and Visual Streams is
not liable to you or any third party for such suspension or termination and any
related loss.
5. DIGITAL ITEMS, PRIZES
5.1.
Digital Items. The
Service may include virtual in-game currency and items (together, “Digital
Items”), which may be earned by users or purchased from Visual Streams for real
world money, where permitted by law. Digital Items available to you and the
price of Digital Items may be altered by Visual Streams at any time, without
notice. Upon acquiring Digital Items, you are granted a non-exclusive,
non-sublicensable, non transferrable (except to the
extent expressly permitted) right to use such Digital Items only in conjunction
with the Service for which such Digital Items were acquired. Any Digital Items
purchase is final and non-refundable. The determination of Digital Items to
credit or debit to you shall be determined by Visual Streams in its sole
discretion. All Digital Items remain the property of Visual Streams.
5.2.
Prizes. Visual
Streams may provide users the opportunity to receive random, Digital Item
prizes, which vary in size and value. Due to the randomization of Digital Item prizes,
you may not receive the Digital Item you desire. Visual Streams reserves the
right to refuse to award and to revoke any prize in its sole discretion.
5.3.
Resale. Digital
Items may only be sold or traded for other Digital Items, as expressly
permitted through features available within the Service, although Visual
Streams is under no obligation to fulfill any such sale or trade of Digital
Items. Digital Items cannot be resold online, outside of the Service, in the
real world or traded for non-virtual (tangible) goods or services. You agree
that resale or attempted resale of Digital Items in violation of this section
5.3 will result in Visual Streams terminating your access to the Service and
voiding all your Digital Items.
5.4.
Digital Item Backup. If you purchased Digital Items using real world money, including
Digital Items acquired using in-game currency purchased using real world money,
Visual Streams may backup purchased Digital Items so they may be restored in
the future should you lose access. No backup is provided for Digital Items
purchased or indirectly acquired without real world money or if Visual Streams
terminates your access to the Service or ceases to offer the Service. The
availability of Digital Item backup varies between Visual Streamss.
5.5.
Forfeit or Eliminated Digital Items. If Visual Streams terminates your access to
the Service or ceases to offer the Service, you agree that all Digital Items
associated with your Account and use of the Service are forfeit. Further, Visual
Streams shall, in its sole discretion, administer Digital Items and, in this
capacity, control, modify and/or eliminate any or all Digital Items without
notice, for which you are not entitled to any refund, credit redemption or any
other compensation. You acknowledge and agree that there is no value to Digital
Items or time you spend using the Service, for which you will not be compensated
under any circumstances. Visual Streams is not responsible for repairing or replacing
any Digital Items lost for any reason whatsoever including, but not limited to,
suspension or termination of the Service, technical issues or as a result of a third party.
6. SOFTWARE UPDATES
On
one or more occasions Visual Streams may patch, update or modify the Service
(each, an “Update”), which may require you to install an Update to continue
using the Service. Updates may modify the Terms of Service, gameplay mechanics
or other aspects to the Service. Failing to install an Update may result in an
inability to use the Service, for which you are not entitled to a refund or
compensation of any kind.
7. THIRD PARTY SOFTWARE
The
Service may incorporate services provided by third parties, including but not
limited to third party accounts or advertisements. The Terms of Service does
not grant you any license, right, title or other interest in third party
services, which may require you to enter into agreements between you and a
third party. It is up to you to review and determine the acceptability of any
third-party agreement.
8. VISUAL STREAMS OWNERSHIP RIGHTS
All
right, title and interest in and to the Service, including but not limited to
copyrights, patents, trademarks, trade secrets, trade names, computer code
(source and object), titles, characters, character names, catch phrases,
concepts, character inventions, character likenesses, dialog, settings,
storylines, themes, animation, audio-visual effects, sound effects, musical
works, look and feel and methods of operation, are owned by Visual Streams. Visual
Streams reserves all rights in the Service.
9. NOTICE TO EU USERS
If
you are a resident of the EU, you hereby agree that by purchasing Digital Items
you want such Digital Items credited to your Account immediately and, as a
result, you are not entitled to withdraw from or cancel your purchase pursuant
to the EU Consumer Rights Directive (2011/83/EU) and national implementations.
10.DISCLAIMER AND LIMITATION OF
LIABILITY
10.1. DISCLAIMER. THE SERVICE IS PROVIDED “AS IS” AND VISUAL
STREAMS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, VISUAL STREAMS MAKES NO REPRESENTATIONS OR WARRANTIES
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE
WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM
COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED
ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY VISUAL STREAMS, ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS,
WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION.
YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE
SERVICE.
10.2. LIMITATION OF LIABILITY. VISUAL STREAMS, ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE
LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR
RELATING TO THE SERVICE OR THIRD-PARTY SOFTWARE OR SERVICES INCORPORATED INTO
THE SERVICE, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, EVEN IF VISUAL STREAMS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH CLAIM, LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY
PART THEREOF, SUCH AS DIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE
SERVICES.
10.3. VISUAL STREAMS’S AGGREGATE
LIABILITY. PLEASE NOTE
THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES
OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR
LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD VISUAL
STREAMS FROM LIABILITY, YOU AGREE THAT VISUAL STREAMS’S MAXIMUM AGGREGATE LIABILITY
TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE MINIMUM PERMITTED UNDER
APPLICABLE LAW; (B) THE AMOUNT YOU PAID TO VISUAL STREAMS IN THE 12 MONTHS
IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (C) $100 (CAD).
HOWEVER, IF YOU PAID NOTHING TO VISUAL STREAMS DURING THE 12 MONTHS IMMEDIATELY
PRECEDING THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND VISUAL
STREAMS’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE.
11.UPDATES
11.1. Updates. Visual Streams reserves the right, in its
sole discretion, to modify the Terms of Service at any time (“Updates”). You
are deemed to accept any Update by continuing to use the Service. Unless Visual
Streams states otherwise, Updates are automatically effective 30 days after
posting.
11.2. Governing law. The Terms of Service and Privacy Policy are
governed by and construed under the laws of the province of British Columbia.
If a dispute arises, you agree that such dispute be resolved by courts located
in Vancouver, British Columbia and hereby submit to the personal jurisdiction
of such courts.
11.3. Severability. To the extent any section, clause, provision
or sentence or part thereof of the Terms of Service is determined to be
illegal, invalid or unenforceable by competent authority in any jurisdiction,
then that portion shall be severed and the remainder of the Terms of Service
given full force and effect.
11.4. No Waiver. Visual Streams’s
failure to assert or enforce any right contained in the Terms of Service shall
not constitute a waiver of that right.
11.5. Survival. Sections 1.3, 2.3, 4.2, 5.5, 8, 10 and 11
survive termination of the Terms of Service.
11.6. Entire Agreement. The Terms of Service constitutes the entire agreement between
you and Visual Streams with respect to the subject matter hereof and supersedes
any prior oral or written agreements, communications, representations or
undertakings provided.
11.7. Contact. You may contact Visual Streams regarding this
Terms of Service by emailing info@visualstreams.online