Monday, September 26, 2011

Ustream TOS and such

Ustream, Inc. ("Ustream," "we" or "us") provides content streaming and social networking services that enable the sharing of live and recorded video and audio content and chat via the Internet, mobile and other data delivery means through use of Ustream’s proprietary video player service and syndication platform (any and all of the foregoing (the "Services") and our websites accessible at and (collectively the "Site"). The Services include Ustream’s proprietary embeddable video players (each a “Ustream Player”), the Ustream channels, our software applications and related technology (including any updates, new versions or new releases thereof) including, but not limited to, our Viewer, Broadcaster and Recorder Applications (each a “Ustream Application”), and any other products and services offered by Ustream via the Site and Services.
Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service, and the Ustream Privacy Policy and the Ustream Acceptable Use Policy, both incorporated herein by reference govern your access to and use of the Site and Services, including any content, information, products or services therein. These Terms of Service are a legal agreement between you and Ustream and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "Ustream Users").
Certain areas of the Site and Services (and your access to or use of Content (defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.

1. Eligibility and Registration.

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a Ustream account and become a "Member". To become a Member you must be at least 13 years of age and only Members that are at least 18 years of age may purchase access to Premium Content (defined below) as further described in Section 6. If you are not a Member you may browse all areas of the Site or use the parts of the Services that are not limited to Members only.
When you register, you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify Ustream of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. Without limiting any other terms of this Terms of Service, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Ustream reserves the right to require you to change your username for any reason and may do so at anytime.
If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service or your use of the Site and Services. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Ustream Users.

2. Modification.

Ustream reserves the right, at its sole discretion, to modify, discontinue or terminate the Site and Services, or to modify these Terms of Service, at any time and without advance notice. If we modify these Terms of Service, we will post the modification on the Site or within the Services or provide you with notice of the modification. We will also update the “Last Updated Date” in these Terms of Service. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Ustream account. By continuing to access or use the Site and Services after Ustream makes any such revision, you agree to be bound by the revised Terms of Service.

3. Termination and Ustream Account Cancellation.

4. Copyrighted Materials: No Unauthorized Use.

YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Ustream has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Ustream Copyright and IP Policy for further information.

5. Intellectual Property Rights and Ownership.

6. Access to Certain Content: Fees and Billing.

7. Ustream Application License.

8. Interactions between Ustream Users.

You are solely responsible for your interactions (including any disputes) with other Ustream Users. You understand that Ustream does not in any way screen Ustream Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Ustream Users. You agree to take reasonable precautions in all interactions with other Ustream Users, particularly if you decide to meet a Ustream User offline, or in person. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion and Ustream hereby disclaims any and all liability to you or any third party relating thereto. Ustream reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with Ustream to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Ustream representatives access to any password-protected portions of your Ustream account.
Without limiting the terms of Section 5(c)(iii), Ustream may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms of Service or as otherwise technically necessary.

9. Obligations for Ustream Users.

10. Sweepstakes and Contests.

Ustream may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site or Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site or Services, as they may contain additional important information about Ustream\'s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.

11. Disclaimer of Warranties.

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. USTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Ustream disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site or Services; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Ustream, will create any warranty not expressly stated in these Terms of Service. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

12. Limitation of Liability.


13. Indemnification.

You agree to defend, indemnify, and hold Ustream, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney\'s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.

14. Third Party Links.

The Site and Services may provide links to third party websites or resources from the Site or Services. You acknowledge and agree that Ustream is not responsible or liable for the availability or accuracy of, and Ustream does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

15. Feedback and Independent Development.

Your feedback is welcome and encouraged. You may submit feedback by emailing us at or via other portions of the Site. You agree, however, that: if you elect to provide suggestions, ideas, proposals, concepts or other feedback to us (whether written, verbal or in any other format or manner) in connection with these Terms of Service or use of our Site or Services (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You acknowledge and agree that all Feedback will be the sole and exclusive property of Ustream. You hereby irrevocably transfer and assign to Ustream and agree to irrevocably transfer and assign to Ustream all of your right, title, and interest in and to all Feedback, including all Intellectual Property Rights therein. At Ustream’s request and expense, you will execute documents and take such further acts as Ustream may reasonably request to assist Ustream to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that Ustream is engaged in creating and developing its own programs, plans and projects so it is possible that we are already independently developing products services, plans and projects that are quite similar and/or competitive with your Feedback (including the concepts contemplated by or embodied therein). Nothing in these Terms of Service will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products, concepts, systems or techniques that are similar to and/or compete with the applications, services, products, concepts, systems or techniques contemplated by or embodied in any Feedback or compensate you or provide you with any input or response with regard to your Feedback.

16. General.

Privacy Policy

Last Updated: December 13, 2010
Ustream, Inc. (“Ustream”, “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our website accessible at (the “Site”) and our proprietary video player platform which enables the sharing of live and recorded video and audio content and chat on the Internet and via computers and mobile devices by our users (any and all of the foregoing (the “Services”). The Services include Ustream’s proprietary embeddable video players, the Ustream channels, our software applications (including any updates, new versions or new releases thereof) including, but not limited to, our viewer, broadcaster and recorder applications.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or touching information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within the United States or internationally.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Services, features and content, to administer your membership and to enable users to enjoy and easily navigate the Site. We also may also use your information in order to better understand how our Services are used.
Personally Identifiable Information.
  • In the course of using the Services, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you and administer your account (“Personal Information”). Personal Information may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. We use your Personal Information mainly to provide the Services and administer your inquiries.
  • Please be aware that when you register to become a Ustream Member, other users of the Services may be able to see your screen or user name, in addition to any comments or submissions that you post to the Site or submit via the Services. We recommend that you guard your anonymity and sensitive information and that you not use your real name as your screen or user name to the extent that allows others to identify you. If your use of the Services violates or potentially violates Ustream’s Acceptable Use Policy, your Personal Information may be shared with law enforcement and other third parties in accordance with this Privacy Policy and subject to all applicable laws.
  • We also collect the other information that you provide as part of your use of the Services, including via your registration and the administration and personalization of your profile webpage (e.g., without limitation zip code, gender, age and individual preferences) (“Non-Identifying Information”). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Ustream Users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Services are used.
  • We also use your Personal Information to contact you with Ustream newsletters, marketing or promotional materials and other information that may be of interest to you. Ustream Members who agree to the terms and conditions of the Ustream Terms of Service Agreement are given the opportunity to opt-in to receiving such communications from us in the future. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.)
  • Ustream will also share and use your Personal Information with Ustream Asia, and other networks, websites and entities affiliated, owned, controlled and/or connected with Ustream. We will use your Personal Information in compliance with the terms of this Privacy Policy.
  • At times, we may offer special access to pay-per-view or other special promotional events (e.g., live broadcast of concerts), and we may share your Personal Information with those entities and advertisers that are participating in such event. Unless otherwise stated, we will only share your name and email address to the such parties, so you may receive newsletters or promotional materials from such entities.
Surveys and Promotions. From time to time, we may provide you with the opportunity to participate in surveys, contests or sweepstakes (any of these a “Promotion”) via our Services. If you participate in a Promotion we will request certain Personal Information from you. We use the Personal Information you provide to us in these instances to administer your participation in the Promotion. Participation in a Promotion is completely voluntary and you therefore have a choice whether or not to disclose this information.
Log Data. As you use the Services, whether as a Ustream Member or a non-registered user just browsing (any of these, a “Ustream User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This log data may include information such as your computer’s IP address, browser type or the domain from which you are visiting. We use this information to monitor and analyze use of the Services and for the Site’s technical administration. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.


Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your encrypted registration ID and login password for future logins to the Site as well as display preference settings (such as preferred language). Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by Ustream Users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you close your browser. Third party advertisers on the Services may also place or read cookies on your browser. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.
We may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (individually or collectively “Pixel Tags”) in connection with our Services to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.

Information Sharing and Disclosure

Ustream Members. When you register through the Site and submit your Personal Information to create a profile webpage, Ustream Users will see your “Screen Name” and the month and year you first registered with Ustream (“Required Member Identifiers”). You can choose what other Personal Information you provide as part of your profile (“Other Member Information”) and in some cases you can choose whether to share that information publicly on the Site by making selections via the “user preferences” section of your profile webpage. Providing Other Member Information is voluntary and should correlate with the degree of interaction you want to have with Ustream Users. We recommend that you guard your anonymity and sensitive information.
Notifications and Following other Ustream Members. Ustream Members can also choose to join a “crowd” of other Ustream Members and follow their favorite Ustream broadcaster. If you choose to follow another Ustream Member, you will provide that Ustream Member with your public Ustream identity. By joining the crowd of another Ustream member, you also opt-in for notifications sent to you within the Ustream platform. You may also be followed outside of the Ustream platform, if you expose and make public your identity, email address and social network identity.
Aggregate Information and Non-Identifying Information. We may share aggregated information that includes your Personal Information, Non-Identifying Information and Log Data with third parties for industry analysis and demographic profiling and to deliver targeted advertising about other products and services.
Service Providers. We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services or to assist us in analyzing how our Services are used (each a “Service Provider”). The types of Service Providers we use include, without limitation, those that provide the following types of services: credit card processing, accounting, customer relationship management, website maintenance, notification services, database management and web analytics. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
SpotXchange. SpotXchange serves ads on the Site and through the Services and collects information about users’ interaction with those ads, as described in the SpotXchange Privacy Policy, located at
Third Party Social Networking Services. As a Ustream Member you can link your account information with certain social networking services (“SNSs”) and broadcast your activities and other data to your friends. In these instances, depending on the “user preferences” you set in your Ustream account, with your permission and on your behalf we will share the information contained in your Ustream account (e.g., Ustream profile page, channel page and any other information you deem public in any content you create on the Site) with the SNS. We also receive certain information (which may include your Personal Information) in accordance with the privacy settings you have set in your SNS account, if any. Other than what we may share with the SNS in connection with your linking of accounts, the personal information a SNS has about you is obtained by the SNS independent of our Services. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other online services you use.
Compliance with Laws and Law Enforcement. Ustream cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Ustream or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.
Business Transfers. Ustream may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If Ustream becomes involved in a merger, acquisition, reorganization or any form of sale of some or all of its assets, we will provide notice to you before your Personal Information is transferred and becomes subject to a different privacy policy.

Changing or Deleting Your Information

All Ustream Members may review, update, correct or delete the Personal Information in their registration profile by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request. See below for privacy contact information.


Ustream is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality or integrity of your unencrypted electronically stored Personal Data (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Ustream transfers Personal Information to the United States and processes it there. Your submission of such information represents your agreement to that transfer.

Links to Other Sites

The Services contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. This Privacy Policy addresses the use and disclosure of information that we collect from you through our Services. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

Ustream does not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at or at:
Privacy Matters
c/o Ustream, Inc.
475 Brannan Street, Ste 410
San Francisco, CA 94107 

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