This Terms of Use Agreement is a legal and binding agreement between you, the user (“User” / “You”) and Zipstream tv inc. and its subsidiaries or affiliated companies (collectively, “Zipstream tv” or “ZSTV” or “Z TV” or “we”, “us” and “our”) concerning your access and use of website www.zipstreamtv.com (“Website”) and related Site(s), mobile applications (“App(s)”) and other online features.

By using or visiting this website or mobile application, provided, operated and controlled by Zipstream tv, or submitting/uploading content to this web site or application, your consent is implied to the terms and conditions mentioned herein. These Terms of Service are also applicable to users who upload/submit Content on our platforms.

Account and Membership

In order to use features of our Service, user will have to create an Account using their email address and certain personal information. User must provide correct and complete information while making an account. User is solely responsible for the activity that occurs on their account, and must keep their account password protected to prevent unauthorized use of account. We advise that the account password shall not be disclosed to the third parties and user shall update their account password at regular intervals.

In case of any breach of security or any unauthorized activity of the account, user shall immediately contact and notify us at [email protected].

In no event, Zipstream tv will be liable for the losses caused by any unauthorized use of your account.

Free Trial

You may get a free trial period of a specified duration as applicable to use Premium features of our Service. User’s eligibility for a free trial including time span and content availability shall be at the sole discretion of Zipstream tv.

At the end of the free trial, a paid subscription is required should user wish to continue viewing paid content available as a part of Service.

Payment Methods

Zipstream tv accepts payments in multiple forms. Regardless of payment method, the payment of any fees is not recognized as complete until the payment is credited to Zipstream tv’s account.

Refund & Cancellation

By subscribing to a Zipstream tv Site(s)/App(s) Service, you are expressly agreeing that Zipstream tv is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Zipstream tv Site(s)/App(s) Service through any such payment method/instrument including but not limited to credit/debit card, net banking or other payment method/instrument accepted by Zipstream tv (“Payment Method”) that you are provided.

The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, Zipstream tv reserves the right to auto-renew your subscription through your authorized Payment Method provided such Payment Method offers the service of auto-renewal.

You hereby authorize us to affect such auto-renewal in the above-mentioned scenario.

In the event you desire to discontinue your auto-renewed subscription, you may refer to the FAQs or contact us at [email protected] in order to obtain assistance in this regard.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and towards the end of each subscription term. We will notify you regarding such expiration. To see the commencement date for your next renewal period, go to the billing information section on your account page. If you change your Payment Method or subscription plan, this could result in changing the date on which you are billed. However, Zipstream tv will not be able to notify you of changes in any applicable taxes. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content. Any changes in the subscription plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed. Similarly, the services as per revised plan opted by you shall be effective only after the expiry of the then current subscription period. In case you require a change in the subscription plan and/or services prior to the expiry of the then current subscription period, then Zipstream tv shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period. You will remain liable to Zipstream tv for all such amounts and all costs incurred by Zipstream tv in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs. You also understand and acknowledge that Zipstream tv only facilitates the third-party payment gateway for processing of payment. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that Zipstream tv shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can contact us at [email protected] in case you require any assistance with regard to payment transfer on the Site(s)/App(s) and the same could be forwarded to the concerned third-party payment gateway provider for the redressal. You consent that Zipstream tv, at its sole discretion, shall be entitled to revise the fees (including but not limited to charging for the free content and vice-versa) associated with the content(s) hosted on Site(s)/App(s). You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. It must be noted that subscription for Zipstream tv Site(s)/App(s)Services shall not provide as an entry into any contests or events of Zipstream tv.

Zipstream tv shall not be held accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.

License to Access the Service

Zipstream tv hereby grants its users non-exclusive, revocable, non-transferable, non-assignable licenses to use its service through the Site(s)/App(s).

Users are permitted to view and use the service through the Site(s)/App(s) for your personal non-commercial use only. Users are not permitted to copy, distribute or modify any part of the Content available on the Site(s)/App(s). No part of the site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor including in any public or private electronic retrieval system or service without prior written permission of Zipstream tv.

Content Supplied by You

• For purpose of this terms of use, “Content” means and includes the graphics and visuals, audio, photos, music, videos and all other materials user uploads or submits on the Site(s)/App(s).
• Zipstream tv does not claim nor hold ownership of user’s content that they upload on our platform. The Content posted by the user on our platform is solely done at the discretion of the user, without any undue influence, duress and at free will and such user who has uploaded the Content shall be fully responsible for uploading such Content and shall bear the legal consequences at its own costs and consequences, and Zipstream tv shall not be responsible for such Content, in any manner whatsoever.
• If user wants to get the uploaded/submitted content removed from the Site(s)/App(s), they can write an e-mail to [email protected] informing the whereabouts of the content posted and reason of removal from the Site(s)/App(s). However, content will continue to appear if it has been shared and circulated on any other platform. Zipstream tv may delete or remove Your Content (without any notice) from any of the Services from its Site(s)/App(s) in its sole discretion.
• When user uploads/submits, shares any of their Content on our platform, they hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, to use, distribute, modify, display your Content (consistent with your privacy and application settings).
• User represents, warrants, and agree that no Content posted or otherwise shared by them violates or infringes upon the rights of any third party, including copyright, trademark, privacy, or any other personal or proprietary rights. User will not create, upload and circulate any Content under on the Site(s)/App(s) which is unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Zipstream tv in any scenario, shall not be held liable for the Content(s) created, uploaded and circulated through this section of website on their Site(s)/App(s)/social media and sole liability and responsibility of such Content lies with the user.

Copyright & Trademark

The site contains intellectual property rights (IPR) in the form of Content and other material presented/posted/displayed on the Site(s)/App(s) (including but not limited to text, audio, video, graphical visuals), trademarks and logos (including trade marks), of Zipstream tv, its parent, affiliates and associates and are protected under applicable laws. Any infringement of the IPR will be considered illegal and shall be vigorously defended and pursued to the fullest extent permitted by law.

All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Site(s)/App(s) shall remain at all times vested in Zipstream tv or its licensors or third-party vendors. User will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.

Zipstream tv respects the intellectual property rights of others, and also requests its Users to do the same. Zipstream tv reserves the right to remove all such Content if such Content infringes another’s intellectual property rights and/or terminate/discontinue/delete a User’s account due to violation of the intellectual property rights of others at its sole discretion without issuing any notice.

If any person or entity believes that their Content has been copied which is infringing their copyright, please provide the following information:

• Details and full identification of the copyrighted work claimed to have been infringed.
• Location and identity of the copyrighted on the Site(s)/app(s).
• Sufficient information where you can be Contacted or reached including your email address, postal address and contact number.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• Notice of such claims of copyright infringement shall be e-mailed to [email protected] .

Changes

Zipstream tv reserve the right to add or change/modify the site, site content terms of this Terms of Use at any point of time. Any changes will be posted to www.zipstreamtv.com/terms_of_use and it is responsibility of the user to refer to the terms on accessing this service. Changes could be made by Zipstream tv after the first posting to the site at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. You agree to review the Terms of Use periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified Term of Use.

Limited Permission to Copy

You will not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor including in any public or private electronic retrieval system or service without prior written permission of Zipstream tv.

Disclaimer of Warranties and Liabilities

• This site, site content, site codes, services and the software, if applicable, are provided “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to law, Zipstream tv disclaims all liability, express or implied, including but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title and non-infringement. Zipstream tv does not warrant that the availability of any functions contained in the site, site content, site codes, services or software will be uninterrupted or error free or that defect will be corrected or this site, site content, site code or the server that makes them available, or the software are free from virus or other harmful components. Zipstream tv does not warrant or make any representations regarding the use or result of the use of the site, site content, site code or software in terms of correctness, reliability, accuracy or otherwise. You, and not Zipstream tv, assume the entire risk as to the quality and performance of the site, site content, site code, service and software.
• Except for Zipstream tv identified information, products or services, all information, products and services offered through the site or on the Internet generally are offered by third parties that are not affiliated with Zipstream tv.
• Zipstream tv and its parent, affiliates and associates shall not be liable, at any time for any loss and/or damage arising directly or indirectly (including, without limitation, special, incidental and/or consequential loss and/or damage) arising in contract, tort or otherwise from the use of or inability to use the site, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the site, its contents or associated services or due to any unavailability of the Web Site or any part thereof or any contents or associated services or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
• The site may provide link of other website(s) maintained or controlled by third parties and Zipstream tv does not control such third-party website(s) and is not responsible for any transactions on such website(s).
• Any hyperlinks from or to this Website exists for information purposes and are for your convenience only. Zipstream tv accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites. Zipstream tv neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visiting and transacting on these sites.
• Part of the site will contain advertising and other material submitted to Zipstream tv by third parties. Zipstream tv accepts no responsibility for advertisements or promotions appearing on the site. Advertisers are responsible for ensuring that material submitted for inclusion complies with applicable International and National law. Zipstream tv will not be responsible for any advertiser’s claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. You deal with such advertisers or promoters on your own accord and on their terms.
• You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Zipstream tv has no control over and accepts no responsibility whatsoever for such materials.

Indemnification

You agree to indemnify, defend and hold Zipstream tv, its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site harmless from and against all losses, expenses, damages and costs including but not limited to attorneys’ fees, other expenses that arise directly or indirectly resulting out of or from your breach of this agreement, your violation of the undertaking, representation and covenants as mentioned above and/or your activities in connection with this website.

Third Party Rights

The provisions of Clauses “Disclaimer of Warranties and Liabilities” and “Indemnification” are for the benefit of Zipstream tv and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.

Severability

If any provision of the terms and condition shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.

Registration and Acceptance of Terms

In consideration of your use of service of the site, you agree to

• Comply with the rules, and
• Provide accurate, complete and true information about yourself as may be required on any registration form for the service. In order to create your User Account, and,
• Maintain and update, as applicable, your registration information with current and complete information. Users who violate these rules, or provide inaccurate, false or non-current registration information may, at Zipstream tv’s sole discretion, have their user account suspended or terminated and may be permanently banned from having any current or future service from the site.

Governing Law & Jurisdiction

This User Agreement shall be governed by the Laws of the United States of America. Any actions brought in relation to this Agreement shall be brought in Brevard County, Florida, which shall have exclusive Jurisdiction over any disputes arising under this Agreement. Notwithstanding the foregoing, User agrees that Zipstream tv has the right to bring any proceedings before any court/forum of competent jurisdiction and User conclusively submit to the jurisdiction of such courts or forum.

Headings

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.