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Terms of Service 

The following is the Terms of Service for use of StreamXQ, LLC Internet Broadcasting Company services including virtuCast. The Terms of Service is a binding contract regarding your use of services provided by StreamXQ, its partners, affiliates or subsidiaries. In the event that you do not agree with any of the Terms of Service please discontinue registration process and notify StreamXQ immediately.

StreamXQ reserves the right to change the Terms of Service at any time and to notify Client/User by posting an updated version of the Terms of Service on the virtuCast and or StreamXQ website. No other Terms of Service version will be effective or enforceable against StreamXQ. Client/User agrees to review changes to the Terms of Service from time to time and if any change is not acceptable Client/User agrees to immediately terminate use of the StreamXQ services. Client/User use of the StreamXQ Services after the effective date of any such change constitutes Client/User acceptance of all such changes.

CONFIDENTIALITY: StreamXQ sends out an email confirmation upon Client/User booking of a session. Client/User is solely responsible for distribution of contents to other appropriate Users. StreamXQ is not responsible and cannot be held liable for incorrect, misdirected, improperly distributed, or improper use of confirmation emails. Client/User is solely responsible for maintaining the confidentiality of Client/User password and account information. Furthermore, Client/User is entirely responsible for any and all activity that occurs under Client/User account.

SERVICES: Client/User understands that all services, including but not limited to viewing room streaming, chat, transcripts may not be available in all cities or to all clients in spite of StreamXQ best efforts to provide said service. Client understands that StreamXQ from time to time may modify, remove or add sevices or features without prior notice.

COMMUNICATION: Client/User is solely responsible for the contents of his or her communications made using the StreamXQ services. StreamXQ bears no responsibility for communications received by Client/User from third persons while using the StreamXQ services. Client/User are subject to all applicable local, state, national and international laws and regulations. Client/User agrees not to make any communications or transmissions in conjunction with its use of the StreamXQ services that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or include otherwise objectionable material of any kind or nature.

REQUIREMENTS: Client/User is solely responsible for ensuring that its network is optimized for StreamXQ service and User computer meets minimum computer requirements. Client/User assumes responsible for testing their computer and network prior to start of session. Client/User is solely responsible for its network, level of connectivity, computer permissions, firewalls or issues due to company policies that may restrict StreamXQ services.

USAGE: StreamXQ shall not be liable for any direct, indirect, consequential, punitive or other damages or losses related to use of its website, services or software. Client/User agrees to defend, indemnify and hold StreamXQ, its parents, subsidiaries, affiliates, officers, directors, and employees harmless from and against any claims, actions or demands, rising from or related to Client/User accessing or use of StreamXQ website, services or software.

SUPPORT: StreamXQ does not provide technical support for issues other than those StreamXQ believes is directly related to the broadcast of its service. Client/User is solely responsible for contacting their Network Administrator or Technical Support department to ensure all StreamXQ computer or other requirements are met and Client/User computer is able to receive the StreamXQ broadcast.

PAYMENT: StreamXQ cannot be held responsible for User technical issues. StreamXQ, considers an event successful when the broadcast can be seen in the StreamXQ Support Center or by other viewers in other locations. In the event an individual User or Users cannot view event broadcast, Client/User understands that it will not be relieved of payment obligation for StreamXQ services.

THIRD PARTY SERVICES: StreamXQ may provide Client/User with links to third-party websites. StreamXQ has no control over the content of third-party websites or the services and products available from those third-party websites or third-party service providers and, unless otherwise stated, StreamXQ does not recommend or endorse the third-party website or provider. StreamXQ shall not be liable for any direct, indirect, consequential, punitive or other damages or losses related to use of third-party websites or services. Client/User assumes full responsibility when using any services from a third-party or follows any links that lead to third-party websites, and Client/User agrees to defend, indemnify and hold StreamXQ harmless from and against any claims, actions or demands, rising from or related to Client/User accessing or using any such third-party websites.

SERVICE OUTAGES: Client/User acknowledges that the StreamXQ services are reliant upon independent services provided by third-parties that are beyond StreamXQ's control. The loss or interruption of any one of those independent services may prevent the StreamXQ services from operating. In the event of any service interruption or outage, during which StreamXQ's services may be temporarily unavailable, Client/User will continue to be billed for the StreamXQ service.

Such independent service interruptions may include, but are not limited to:
Power outages, Internet Service Provider outages, Telecommunications service provider outages, Client/User failure to use the services as outlined in the StreamXQ Terms of Service.

TRADEMARK AND PROPRIETARY RIGHTS TO CONTENT: StreamXQ trademarks, websites, corporate names, trade names, domain names, logos, and service marks ("Marks") are the property of StreamXQ, LLC. Client/User is not permitted to use the Marks without the prior written consent of StreamXQ. virtuCast and the StreamXQ logos are trademarks of StreamXQ LLC.

NOTICE: StreamXQ may broadcast notices to inform Clients/Users of changes to the Agreement, the StreamXQ services or other matters at StreamXQ's sole discretion as it deems to be of importance to Members. At StreamXQ's election, such broadcast may be sent over email, conventional mail, as a voice transmission, fax, and/or "pop-up" communication and notice shall be deemed delivered and received on the date on which it is transmitted. Use of the StreamXQ's services constitutes Client/Users consent to receiving such notices.

FORCE MAJEURE: StreamXQ shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control ("Force Majeure Events"), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.

Using the StreamXQ service, website, booking an event or login into an event confirms that you have read and agreed to the Terms of Service. The Terms Of Service constitute the entire agreement between Client/User and StreamXQ and supersede all prior agreements between the parties regarding the subject matter contained herein.

 

virtuCast, the leader in high quality video transmission.

 

Terms Of Service
Copyright © 2003-2006 virtuCast by Stream XQ, Internet Broadcasting Company
121 Quincy St · New York, NY 11216  · General Info/Technical Support 718.701.4103 · Fax. 718.775.3411 · info@virtuCast.com