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Unless otherwise agreed to in writing by you and Ustream, these TOS apply to and govern your use (including any trial use) of the following software and services products: our Pro Broadcasting software, our Align software, our Demand software, our Producer software, our e CDN offering, our SDKs, our Live Ad Player software, and our Gallery Ad Management software; optional and add-on features, modules and tools associated with our software (the “Subscription Software”); and our software maintenance and support services; personal services performed by Ustream personnel or otherwise on behalf of Ustream related to video production, encoding, distribution, or promotion; and our related professional solutions (the “Related Services”).
For the purposes of these TOS, the foregoing services and products are collectively referred to as the “Subscription Software and Related Services.” These TOS do not apply to basic features and content available on the Site, our mobile applications (each, an “App”), and free versions of our broadcasting service, as well as Premium Ustream memberships, which allow you to view content free of advertising.
The website located at the “Site”) are copyrighted works belonging to Ustream, Inc., an IBM Company (“Ustream”, “we”, “us”, or “our”).
The Site and Services are not intended for the storage or receipt of any: 1) personal data and other data, the loss of which would trigger a data breach notification requirement, or 2) health information, including without limitation individually identifiable health information as defined under the Health Information Portability and Accountability Act of 1996, as amended.YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, WHERE THIS OPT ION IS MADE AVAILABLE TO YOU, OR BY USING THE SITE, BASIC SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE BASIC SERVICES, YOU ARE ACCEPTING THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TOS, DO NOT CLICK “I ACCEPT” OR ACCESS AND USE THE BASIC SERVICES.Without limiting any other remedies Ustream may have, Ustream may terminate your Ustream account and/or use of the Site and Services, if Ustream becomes aware that you have violated these TOS.The Ustream Site and Services are not designed to comply with any specific governmental regulation or specific security measures.
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For the purposes of these TOS, the foregoing services and products are collectively referred to as the “Basic Services.” Our Basic Services are governed by our Terms and Conditions for Basic Services.