End user agreement for SayaTV Broadcaster
1. Acceptance of Terms
This Terms of Service Agreement ("TOS") describes the terms and conditions under which you may use the SayaTV website ("Site"). These terms and conditions constitute a legally binding agreement between Syabas Technology, Inc and affiliates (collectively "Syabas") and you, the user of the Site. Syabas may revise this TOS at any time by updating this TOS on the Site. By continuing to access the Site, you signify your binding acceptance of the TOS or any revised TOS.
2. Description of Service
The "Service" includes (a) the Site, (b) the services provided by the Site and by the SayaTV software made available through the Site and third party download site. Any new features added to the Service are also subject to this TOS.
3. License to Use the Service
Subject to the terms and conditions of this TOS, Syabas grants you a nonexclusive, nontransferable, revocable license to access the Service solely for your personal and noncommercial use. You agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service. You may link to the Site from your website, provided that your website does not imply any endorsement by or association with Syabas. You acknowledge that Syabas may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.
4. User ID and Password
Certain functions of this Site require registration by selecting a unique user identification ("User ID") and password, and by providing certain personal information. In registering to be a user, you represent that you are of legal age to form a binding contract. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) immediately notify Syabas of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. You agree to hold Syabas harmless from and against all costs, any loss or damage, liabilities, and expenses (including attorneys' fees) arising from your failure to comply with this Section. You agree that Syabas, in its sole discretion and without notice or liability to you or any third party, may immediately terminate your User ID, and remove or discard from the Service any Content associated with your User ID.
5. User Conduct and Restriction
You may not use any portion of the Site for any unlawful purpose. You agree not collect any personal identifiable information from the Site nor use the Site for any commercial solicitation purposes. You agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. You will not carry out such prohibited behavior include, but are not limited to i) using the Service to promote, conduct, or contribute to fraudulent and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children; ii) using the Service to violate anyone's privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, or to promote hatred towards any group of people; and iii) disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
6. Contents Broadcast under the Site
You agree not to broadcast content that (i) is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate; (ii) is an advertisement or solicitation of business; (iii) is a falsehood or misrepresentation that could damage Syabas or any third party; (iv) is intended to impersonate another person; (v) is harmful to minors; (vi)makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances; or (vii)violates any third party's privacy. Syabas does not claim ownership of any content you broadcast under the Service. However, in its own discretion, Syabas has the right to remove without notice any channel that violates this TOS or is otherwise found objectionable by Syabas.
You represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your broadcast content, to use the name or likeness of each and every such identifiable individual person to so as to legally authorize inclusion and use of the broadcast content in the manner contemplated by the Site and this TOS. This license granted by you terminates once you or Syabas removes your channel from the Service.
Any material, information or idea you transmit to Syabas by any means may be disseminated or used by Syabas without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
You agree that Syabas shall have the right to include or otherwise associate advertising, promotional, and other content with your channel. You hereby waive and agree never to assert against Syabas any moral rights that you may have in your channel during and after the term of this TOS.
9. Third-Party Content and Interaction
You acknowledge that Syabas does not comprehensively monitor or review broadcast content under the Service and that each broadcaster to the Service of data, text, images, sounds, video, and software is solely responsible for the accuracy, reliability, nature, and legal restrictions associated with their broadcasting.
In addition, the Site may contain links to websites that are not owned or controlled by Syabas. Syabas does not assume responsibility for the content, privacy policies, or other practices of third-party websites. You are responsible to read the terms and other policies of such websites. By using the Service, you agree that Syabas shall not be liable in any manner due to your use of any third-party website.
10. Intellectual Property Infringement
IF YOU BELIEVE THAT THE BROADCAST CONTENT UNDER THE SITE VIOLATES YOUR INTELLECTRUAL PROPERTY RIGHTS, PLEASE NOTIFY THE SYABAS COPYRIGHT AGENT IN WRITING WITH SUBSTANTIALLY ALL OF THE FOLLOWING:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) a description of such work(s); (iii) a description of the exact name of the infringing work and the location of the infringing work; (iv) information sufficient to permit Syabas to contact you; (v) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
Syabas Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Attention: General Counsel
Syabas Technology Inc
41829 Albrae Street,Suite 209,
Fremont, California 94538
11. Disclaimer of warranty
You understand and agree that your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis and to the fullest extent permitted by law, Syabas expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Syabas makes no representations or warranties about the accuracy or completeness of the Content made available through the Service or the content of any websites linked to the Site. Syabas makes no warranty that Syabas can prevent unauthorized access to or use of our secure servers and/or any personal information provided to Syabas, or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party. Syabas does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Syabas will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from Syabas or through the Service shall create any warranty not expressly stated in this TOS.
12. Limitation on Liability
You understand and agree that Syabas shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Syabas had been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability against Syabas shall be the minimum permissible under applicable law.
You agree, at your own expense, to indemnify, defend, and hold harmless Syabas, its officers, directors, employees, agents, and representatives from and against any and all claims, alleged claim, suit, action, or administrative proceeding, damages, obligations, losses, cost or debt, and expenses (including but not limited to attorneys' fees) arising out of, or related to use of or access to the Service, or violation of this TOS by you or, when due to your cooperation or negligence, by someone else using your User ID. This defense and indemnification obligation shall survive this TOS and your use of the Site.
You may not assign this TOS, in whole or in part, or your rights or obligations under this agreement. Any attempt by you to assign this Agreement other than as permitted above will be null and void.
15. Governing Law
This TOS shall be exclusively governed by and construed under the laws of California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco, California, for the resolution of all disputes arising from or related to this Agreement and/or your use of Syabas Sites.
16. Waiver and Severability
The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the provisions of the TOS are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.