Last updated: February 28, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.safestream.com website or Safestream services (the "Service") operated by MediaSilo, Inc. and our affiliates (“MedisaSilo”, "us", "we", or "our"). By using the Services (as defined below) you (“Customer or “you”) accept the terms of these Terms of Service (“Agreement”) and agree with MediaSilo as follows:
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.
At the end of each Billing Cycle, your Subscription may automatically renew under the exact same conditions unless you cancel it or MediaSilo, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting MediaSilo, Inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide MediaSilo, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize MediaSilo, Inc. to charge all Subscription fees incurred through your account to any such payment instruments. All fees are stated as US dollars. You are responsible for paying all applicable fees in connection with the use of the Service and any and all taxes and additional charges relating thereto. Should automatic billing fail to occur for any reason, MediaSilo, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
MediaSilo, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by MediaSilo, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, MediaSilo, Inc. reserves the
MediaSilo, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
MediaSilo, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
Customer represents and warrants that it has all rights and licenses necessary to upload its content via the Services and to permit MediaSilo to store, process and transmit such content pursuant to this Agreement. Customer is solely responsible for any and all content that it uploads or processes through the Services and shall comply with all acceptable use policies or other content guidelines promulgated by MediaSilo from time to time and. MediSilo shall have no obligation to monitor such content, and the acceptance or processing of any content via the Services shall not be construed as MediSilo’s approval of any particular content. MediaSilo may, but has no obligation to, remove files (i) containing content that, in our reasonable opinion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violate, or are become subject to a claim that such content violates, any party's intellectual property rights or rights of privacy or publicity or (ii) if necessary to protect the rights of MediaSilo or any third party.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at email@example.com
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MediaSilo, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MediaSilo, Inc..
Our Service may contain links to third party web sites or services that are not owned or controlled by MediaSilo, Inc.
MediaSilo, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that MediaSilo, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Customer shall indemnify, defend and hold harmless MediaSilo and its affiliates, employees, directors, officers, representatives, subcontractors, interconnection service providers, suppliers and agents (“Indemnified Parties”) from and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses, including, without limitation, interest, penalties and reasonable attorneys’ fees and disbursements (collectively, “Claims”), to the extent any such Claim is asserted by a third party against any Indemnified Party, directly or indirectly, by reason of or resulting from any Customer failure to perform an obligation under this Agreement or any action or inaction of Customer or its employees or agents that is illegal or constitutes negligence or intentional misconduct, or as a result of: (a) claims for libel, slander, infringement of copyright or unauthorized use of trademark, logo, trade name or service mark arising out of use of any service; (b) claims for patent or copyright infringement arising from using MediaSilo’s Services; (c) claims for damage to property and/or personal injuries (including death) arising out of the negligence or willful act or omission of Customer; and (d) claims that the content (including its receipt, possession, transmission or processing under this Agreement), or the actions of Customer violate any law or regulation, any privacy rights of a third party, or any acceptable use policies or other content guidelines promulgated by MediaSilo from time to time.
In no event shall MediaSilo, Inc., nor its directors, employees, partners, agents, suppliers, subsidiaries, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MediaSilo, Inc. and its subsidiaries, affiliates, suppliers, agents and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any dispute arising out of any such act or contract shall be within the exclusive jurisdiction of the Courts of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
This Data Policy (the “Policy”) shall describe, by services type, how SafeStream shall store, secure and provide access to the files you send and/or upload to SafeStream for processing (the files sent and/or uploaded by you to SafeStream shall be referred to as the “Files”; the encoding and watermarking services provided by SafeStream shall be referred to as the “Services”). The Services are provided by SafeStream pursuant to two different data standards, “Standard Services” and “Enterprise Services”, as further described below. When you send and/or upload Files to SafeStream you will be asked to select the data standard that you have determined appropriate for your Files.
Standard Service: SafeStream may cache Files on a temporary basis after the Services related to such Files are completed. Data may be cached on the Content Delivery Network (CDN) to expedite delivery. In upload, SafeStream will create copies of the uploaded content in specific target formats required for delivery of the Services.
Enterprise Service: You may request specific cache expiration times and processing rules and provide at rest storage for your data
Standard and Enterprise: SafeStream shall not manually access or view Files without your express consent. Services shall be provided solely on an automated basis.
You may use any supported file transfer protocol to upload and/or send a File to SafeStream. SafeStream may use any supported file transfer protocol to return a File to you upon completion of the Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MediaSilo, Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org