Terms of use

ESTREAMZ MEDIA TERM OF SERVICE

Oct 15 2024 Revised

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement. If you created your account prior to OCT 15, 2024, the changes to this Agreement are effective as of OCT 31, 2024.

Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

2. Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

  • Stream videos that you have the right to view;
  • Upload, store, and/or live stream videos, subject to your plan;
  • Embed our embeddable video player on third-party websites; and
  • Use all related functionality that we may provide.

Features: The features available to you will depend on your plan. Some features and content may not be available in all geographic locations. We may change features from time to time. If you have a paid account, we commit to providing the core video hosting and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.

Bandwidth: The bandwidth allowance included your plan applies to your aggregate bandwidth usage across all accounts you control. You shall not circumvent bandwidth limitations by opening multiple accounts. If you exceed your bandwidth allowance, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice. For more information on bandwidth, please see our Broadband EStreamz article.

Video Creation Tools: We may allow you to use our video creation tools (“EStreamZ Creator”). Your use of EstreamZ Creator is a product provided by EstreamZ Media Inc.

AI Tools: We may allow you to use our features that incorporate artificial intelligence tools and other technology to generate text, audio, video, and other content and to alter or enhance your content. Your use of such tools are overseen by EStreamZ Media Artificial Intelligence reports.

Transactions: We may offer digital goods for sale. Purchases of EStreamZ On Demand videos are governed by our ESteamZ . Purchases of EstreamZ Stock footage and licenses are overseen by EstreamZ Media

Monetization: We may allow you to sell digital goods or earn money.

Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, EstreamZ Media will grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device. Apps offered through third-party stores are subject to our Third-party.

Third Parties: We may provide links to and integrations with websites or services operated by others. Your use of each such website or service is subject to its terms of service and our .

3. Accounts

Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from EStreamZ at this email address at any time, including before 10:00 a.m. and after 10:00 p.m. local time. You must keep your email address valid and current so that we are able to contact you. An account may only be used by one person; login credentials may not be shared by multiple people.

Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile. If you are a government entity in the U.S., our  applies.

Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Members service: Certain subscription plans may allow you to grant other users (“members service”) access to the account. Each team member must create an account with their own login credentials and may only use the Services as a team member on your behalf. You are responsible for the actions of your team members and must monitor their access and usage.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

4. Subscription Plans

Plan Types: We offer free memberships and paid subscriptions that allow you to upload and share video content. You may purchase . Advertised prices and features may change.

Free Accounts: Free members may not submit videos that they did not create or play a material part in creating.

Fees: You shall pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription in accordance with this Agreement.

Payment Method: You authorize EStreamZ to collect payment from your designated payment method or, if payment cannot be completed via your designated payment method, any other payment method you have saved in your EStreamZ account. You may revoke this authorization with respect to a given payment method at any time by removing such payment method from your account. You will not dispute EStreamZ’s recurring transactions with your bank, provided the transactions were made in accordance with our policy.

Free Trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled before the end of the free-trial period) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Refund Policy: Subscribers who purchase plans directly from EStreamZ may cancel and receive a full refund of their initial purchase within 7 days after purchasing an annual plan and 3 days after purchasing a monthly plan, or within the time period required by law, whichever is longer.

  • In-app purchases on third-party platforms with their own refund policy;
  • Fees charged immediately after a free-trial period ends;
  • Attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly);
  • Subscription renewals or migrations to other plans;
  • Fees other than annual or monthly subscription fees;
  • Requests made after the specified periods;
  • Customers who have breached this Agreement or whose accounts were terminated in accordance with our Copyright Policy:
  • Customers who joined using a promotion that expressly disclaimed our refund policy;
  • Customers who have initiated a chargeback dispute; or
  • Enterprise plan customers.
  •  Any cancellation or notice of non-renewal will not affect the current subscription period. EstreamZ may decline renewals.

Lapse Policy: When a subscription ends, the account will, at EStreamZ’s option, revert to a free membership or be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. EStreamZ is not responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and do not require EstreamZ to provide any level of post-subscription account status.

In-App Purchase: We may allow you to purchase subscriptions within Apps. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not EStreamZ’s). Our refund policy does not apply to in-app purchases. Any billing inquiries should be directed to the app platform.

Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.

5. Acceptable Use Policy

We may allow you to create, upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, text, and fonts (collectively, "content"). For clarity, “content” means all content submitted by you to EStreamZ at any time, including before this Agreement’s “Last Updated” date. You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5.

EstreamZ can monitor your account, content, and conduct, regardless of your privacy settings. EStreamZ may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy. 

5.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send EStreamZ a takedown notice as stated in our Copyright Policy. if they believe EStreamZ is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

5.2 Content Restrictions

You may not submit any content that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Is sexually explicit or promotes a sexual service;
  • Is defamatory;
  • Is harassing or abusive;
  • Contains hateful or discriminatory speech;
  • Promotes or supports terror or hate groups;
  • Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Exploits or endangers minors;
  • Depicts or encourages self-harm or suicide;
  • Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
  • Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
  • Contains false or misleading information about voting or seeks to obstruct voting;
  • Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
  • Violates any applicable law.

Please see the EStreamZ Guild for guidance on how we interpret these terms.

5.3 Code of Conduct

In using our Services, you may not:

  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute “spam” in any form or use misleading metadata;
  • Collect personal information about others without their authorization;
  • Access another’s account except as permitted herein;
  • Use or export any of our Services in violation of any U.S. law;
  • Engage in any unlawful activity;
  • Embed our video player on or provide links to sites that contain content prohibited.
  • Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or
  • Cause or encourage others to do any of the above.

5.4 Prohibited Technical Measures

You will not:

  • Access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services or any content except as expressly authorized by the Service or with our prior written permission;
  • Access the Services using any automated means (such as robots, botnets, or scrapers) except (1) using our APIs, in accordance with our API License Addendum and the related documentation, (2) in the case of public search engines, in accordance with our robots.txt file; or (3) with our prior written permission;
  • Attempt to circumvent any of our security, rate-limiting, filtering, digital rights management measures, or other access restrictions;
  • Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
  • Submit any malicious program, script, or code;
  • Submit an unreasonable number of requests to our servers; or
  • Take any other actions to manipulate, interfere with, or damage our Services.

5.5 Restricted Users

You may not use our Services if you:

  • are a terror or hate group or a member thereof;
  • have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
  • are subject to sanctions by a non-U.S. government such that we would be required to block your videos in a substantial number of countries in which we provide service.

You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.

5.6 Accessibility, Ratings, and Labels

We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.

We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.

We may apply labels to your content. You must label content you submit that has been meaningfully manipulated or synthetically generated when it appears to be realistic. Please see the EStreamZ Guildlines for guidance on how we interpret these terms.

6. Licenses Granted by You

As between you and EStreamZ, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow EStreamZ to host and stream your content, you grant Vimeo the permissions set forth below.

6.1 Your Video Content

Subject to the terms hereof, by submitting a video, you grant EStreamZ permission to:

  • Stream the video to end users;
  • Embed the video on third-party websites;
  • Distribute the video via our APIs;
  • Make the video available for download;
  • Transcode the video (create compressed versions of your video file that are optimized for streaming);
  • Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one);
  • Automatically generate and display summaries, chapters, closed captions, and subtitles from your video; and
  • Alter or enhance your video as directed by you.

If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. 

The license period begins when you submit the video to EStreamZ and ends when you or EStreamZ delete it; provided that EStreamZ may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when EStreamZ in good faith believes that it is legally obligated to do so.

6.2 EstreamZ Create Content

You may submit certain content to us for the purpose of creating a video using EStreamZ Create. These submissions, and the resulting videos, are governed by our EStreamZ Create Addendum.

6.3 Account Profile

You grant EStreamZ permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. EStreamZ shall have the right to identify public profiles in its marketing and investor materials.

6.4 Feedback

You may provide comments, suggestions, or other feedback concerning our Services. You grant EStreamZ perpetual and irrevocable right and license to use, copy, transmit, distribute, publicly perform, and display such feedback in any manner without any compensation to you.

6.5 Scope of Licenses

All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to EStreamZ; rather, any breach of a term by EStreamZ hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).

7. Your Obligations

7.1 Representations and Warranties

For each piece of content that you submit to or through EStreamZ, you represent and warrant that:

  • You have the right to submit the content to EStreamZ and grant the licenses herein;
  • Vimeo will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
  • You have obtained appropriate releases (if necessary) from all persons who appear in the content;
  • The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
  • The content complies with this Agreement and all applicable laws.

7.2 Indemnification

You will indemnify, defend, and hold harmless EStreamZ and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

8. Term and Termination

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan (i.e., free users), (a) EstreamZ may terminate this Agreement at any time by providing 30 days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.

If you breach this Agreement, EstreamZ may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If EstreamZ deletes your account for breach, you may not re-register.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ESTREAMZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ESTREAMZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ESTREAMZ'S TOTAL LIABILITY TO YOU, EXCEPT FOR ESTREAMZ’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ESTREAMZ OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

10. Disputes, Individual Arbitration of Privacy Claims, Class Action and Jury Trial Waiver, and Choice of Law

The terms of this Section apply to all disputes between you and EstreamZ and/or any third party operating on EstreamZ’s behalf (including, but not limited to, any employees, agents, affiliates, service providers, suppliers, or vendors).

11.1 Choice of Law

11.2 Choice of Venue for Litigation

District Court for the Northern District of Texas; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, ESTREAMZ AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

11.3 Pre-Arbitration Informal Dispute Resolution

EstreamZ is always interested in resolving disputes amicably and efficiently. So, before you or EstreamZ commence an arbitration (or initiate an action in small claims court), the complaining party must contact the other party to explain its complaint and participate in an informal dispute resolution conference (either by phone or videoconference), in a good faith effort to resolve it without the need for arbitration. If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

11.4 Binding Individual Arbitration Agreement

Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and EstreamZ are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

  1. Administrator and Applicable Rules: Any arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum.
  2. Arbitration Proceedings: If the informal dispute resolution process described above does not resolve satisfactorily within 45 days after receipt of the Notice, you and EstreamZ agree that either party shall have the right to finally resolve the Covered Privacy Claim through binding arbitration. A party who wishes to initiate arbitration must provide the other party with a request for arbitration Request.

11.5 Waiver of Jury Trials, Class Actions, and Class Arbitrations

Waiver of Jury Trial: 

Waiver of Class and Other Non-Individualized Relief:

11.7 30-Day Right to Opt Out

11.8 Modification

You and we agree that EstreamZ retains the right to modify this Arbitration Agreement in the future.

12. General Provisions

Reservation of Rights, Severability: EstreamZ reserves all rights not expressly granted herein. EstreamZ’s rights and remedies are cumulative. No failure or delay by EstreamZ in exercising any right will waive any further exercise of that right.

Partnership: These Terms of Service do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and EstreamZ. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign or transfer this Agreement or your rights under these Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent; any such assignment will be void. 

Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of EstreamZ. If you have a signed agreement with EstreamZ, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.

Addenda:  Creative