TERMS & CONDITIONS
Last updated: February 11, 2021
Welcome to YouSat Corp. (including any of its affiliated and associated companies and entities, collectively, the “Company,” “YouSat,” “we,” or “us”). We provide the website located at https://yousat.tv (the “Website”), as well as certain Services. By “Services” we mean the Website and our service of broadcasting content on certain satellite channels, subject to the terms and conditions herein.
1. Acceptance of Terms
The Services are subject to the following Terms and Conditions (these “Terms”) which form a binding agreement between you and us, and govern your use of our Website and the Services.
We reserve the right to update these Terms and/or the YouSat Services at any time. The most up-to-date version of these Terms will always be available on https://yousat.tv/en/Policy/. Violating these Terms may result in the suspension or deletion of Services.
ii. YouSat shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use (as further described in Section 4 below).
2. Changed Terms
YouSat reserves the right at any time to change or modify these terms and conditions that apply to your use of the Website or Services, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon issuance of reasonable notice. Reasonable notice may take the form of postings on the Website or on https://yousat.tv/en/Policy/, email notifications, conventional mailings, or other commercially viable means. Any use of the Website after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. You understand and agree that these Terms may be entered into electronically and you further agree that YouSat may provide information or updates to you relating to the Services or these Terms, including materially relevant information, by electronic means, including through its Website, by electronic mailing, or any commercially reasonable method of electronic communications. You agree to accept such means of communication. Notwithstanding the foregoing, YouSat reserves the right to communicate with you through paper format, via United States postal mail, FedEx, UPS, facsimile transmission, or other means so long as such means of communication are commercially reasonable.
3. Description of YouSat Service
The Services allow you to upload your content on an Internet-based satellite and platform that currently streams worldwide (where accessible) and is available via broadcast in certain territories in the Middle East and North Africa. YouSat reserves the right to expand to any and all other territories and mediums in the future. YouSat provides the ability for you to broadcast your original content, whether it is an independent film, your activist cause, your talent, your UFO encounter, your business idea, your educational videos, your travel vlog, your presidential campaign, your opinions or other ideas. The YouSat Service and Website are subject to these Terms.
You shall be responsible for obtaining and maintaining all wireless services, computer hardware, software, and other equipment needed for access to and use of the Services, and all charges related thereto.
i. You shall use the Services for lawful purposes only. You shall not submit or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without YouSat’s express written prior approval, contains advertising or any solicitation with respect to products or services of any kind. Any conduct that in YouSat’s discretion restricts or inhibits any other YouSat user from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation of users to become subscribers of other providers that compete with the YouSat Services.
ii. YouSat Services contain copyrighted material, trade secrets, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound; the entire contents of the Website is copyright protected under the United States and international intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Providing information to YouSat for an individual or entity, without such individual’s or entity’s permission and who does not have a relationship with YouSat, is a violation of these Terms. Except as otherwise expressly permitted under applicable copyright law, no copying, redistribution, reverse engineering, retransmission, publication, display, performance, broadcast or commercial exploitation of downloaded material will be permitted without the express written permission of YouSat and the intellectual property owner. In the event of any permitted copying, redistribution, retransmission, publication, display, performance or broadcast of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
iv. The foregoing provisions of Section 5 are for the benefit of YouSat, its subsidiaries, licensees, sublicensees, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Who may use the Services?
i. You must be at least 13 years old to use the Services. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services; please have them review these Terms with you. If you are a parent or guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to these Terms and responsible for your child’s activity on the Service.
ii. If you are using the service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms.
7. Use of YouSat Services
*Deliver any unsolicited promotional materials, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
*Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
*Submit, publish, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topics, names, materials or information.
*Upload, or otherwise make available, files that contain videos, audio, images, photographs, text, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
*Use any material or information, including videos, images or photographs, which are made available through the YouSat Service, in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
*Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
*Deliver any unsolicited advertisement or offer to sell or buy any goods or services for any business purpose.
*Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
*Restrict or inhibit any other user from using and enjoying the YouSat Service.
*Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content for others.
*Violate any applicable laws or regulations.
*Create a false identity for the purpose of misleading YouSat or others.
*Use content or outputs from YouSat to build products or services that compete with the Services or in a manner inconsistent with these Terms.
YouSat has no obligation to monitor the Website. However, YouSat reserves the right to review materials submitted or uploaded to the Website, and to reject, remove or modify any materials and content in its sole discretion. Acting in a manner proscribed above is considered a material breach of these Terms and YouSat reserves the right to terminate your access to its Service at any time without notice. YouSat reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to broadcast or to remove any information or materials, in whole or in part, all in YouSat’s sole discretion.
Materials uploaded to the Website may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials.
Always use caution when giving out any personally identifiable information in any website. Except as to information created or communicated by YouSat, we do not control or endorse the content, messages or information found on the Website and, therefore, YouSat specifically disclaims any liability with regard to the Website and any actions resulting from your participation on the Website.
8. Your Information
Use of the Services may require you to provide certain information about yourself and your uploaded content, and to complete a submission process by providing YouSat with current, complete and accurate information as applicable to the Service. You are entirely responsible for maintaining the confidentiality of your own information. You shall be responsible to YouSat for the acts and omissions of all persons who access and/or use the YouSat Website by or through you, or as a result of your acts or omissions, whether or not such access and/or use is authorized.
9. Representations and Attestations
You understand and acknowledge you must exercise independent judgment when evaluating and verifying any and all information contained in and on the Website and any Services offered therein for download, viewing, or use.
10. Notice Specific to Documents that Are Available on The Website
Permission to use documents that may appear on the Website (such as white papers, press releases, datasheets and FAQs) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents is for informational and non-commercial or personal use only and such documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties.
11. Notices Regarding YouSat and the Services
YouSat may from time to time provide alerts related to YouSat or your use of the Services. Such alerts will be sent to the email address you have provided as your primary email address when you upload and submit your content. Anyone with access to your email will be able to view the content of these alerts.
YouSat does not guarantee the delivery or the accuracy of the content of any alert and shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
12. Materials Provided to YouSat
i. YouSat does not claim ownership of the material that you provide to YouSat while using YouSat’s Services, including submitted or uploaded content, or other input provided to YouSat (collectively, “Submission(s)”).
However, by submitting, uploading, inputting or providing Submissions to YouSat, you grant YouSat, its affiliated companies and their collective sub-licensees permission to use your Submissions in connection with the Services, the operation of the Website, and the purposes of distributing, transmitting, displaying, performing, broadcasting and sublicensing to third parties. These rights include without limitation the license rights to copy, distribute, transmit, publicly display, publicly perform, broadcast, reproduce, edit, translate and reformat your Submissions; to design improvements to the software and analyze data relating to your Submissions; and the right to sub-license such rights to any third party. The rights granted in this paragraph specifically exclude anything that would violate applicable laws or regulations.
No compensation will be paid with respect to the use of your Submissions, except as provided in the YouSat Pack Program & Revenue Share Agreement. YouSat is under no obligation to post or use any Submissions that you may provide and YouSat may remove any Submissions at any time in its sole discretion. By providing Submissions you warrant and represent to own or otherwise control all of the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
ii. When submitting or uploading any Submission through the Website and our Services, you must not provide any content that does not comply with these Terms or the law. For example, the Content you submit must not include third party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the content you submit through the Services. We reserve the right to review and analyze your Content to help detect infringement and abuse, such as spam, malware, illegal content and content that otherwise does not comply with these Terms. If we reasonably believe that any Submission is in breach of these Terms, violates any law or may cause harm to YouSat, our users or third parties, we may remove or take down such Submission in our sole discretion.
iii. IT IS SOLELY YOUR RESPONSIBILITY TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE DATA TO US. Failure to do so will affect the accuracy and effectiveness of the Services.
13. Disclaimer of Warranty; Limitations of Liability
Except as provided below in the Indemnification section of these Terms:
i. USER EXPRESSLY AGREES THAT USE OF YOUSAT’S SERVICES IS AT USER’S SOLE RISK. NEITHER YOUSAT, NOR ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERS, OR LICENSORS WARRANT THAT YOUSAT’S SERVICES WILL BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH SUCH WEBSITE.
ii. YOUSAT PROVIDES THE SERVICES ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
iii. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT YOUSAT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
iv. IN NO EVENT WILL YOUSAT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE AND THE SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE PROVISION OF THE SERVICES AND ALL CONTENT ON THE WEBSITES.
v. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THIS INCLUDES WITHOUT LIMITATION, ACTS OF GOD, WAR, GLOBAL PANDEMIC, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATION FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
vi. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL YOUSAT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF YOUSAT SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE YOUSAT SERVICES.
14. Links to Third Party Sites
Links to third party sites may appear on Website or Services. Clicking these links may direct you away from the Website; YouSat is not responsible for the content that you may encounter on any of these third party sites. Should these links ever be provided through the Services, they will be provided only as a convenience for you and the inclusion of said links does not imply an endorsement of any kind.
Should YouSat supply you with links to third party sites, it would do so only as a distributor as opposed to a publisher of the content supplied by third parties. Any opinions, advice, statements, services, offers, or other information that are expressed or made available by third parties, including information providers, customers of YouSat or any other user of Services, are those of the respective author(s) and not of YouSat.
YouSat shall have the right, but not the obligation, to monitor the content of the Services, related satellite channels or other broadcasting or streaming services or platforms, in its discretion and to satisfy any law, regulation or authorized government request. YouSat shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted through the Services. Without limiting the foregoing, YouSat shall have the right to remove any material that YouSat, in its sole discretion, finds to be in violation of these Terms or is otherwise objectionable.
You may stop using the Website and Services at any time. Additionally, we may for any reason, with or without prior notice to you: (a) modify, limit, suspend, discontinue, or terminate, in whole or in part, any portion of the YouSat Website or the delivery of the Services; and (b) monitor, modify any aspect of, limit, suspend, discontinue or terminate your use of or access to the YouSat Website or the Services as commercially reasonable or upon your actual or anticipated breach of these Terms or any other agreements between you and YouSat, or your violation of any applicable laws, rules, regulations relating to your use of Services.
Your access to and use of the YouSat Website is subject to compliance with all of the terms and conditions set forth in these Terms. YouSat reserves the right, at its sole discretion, to deny further or continuing access to the YouSat Website or Services to any user, including, without limitation, any user that YouSat determines, in its sole judgment, has violated, or is likely to violate, any aspect of these Terms or any applicable law, rule or regulation.
You are fully responsible for all of your activities in using the Services, including those activities carried out by, and the acts or omissions of, all persons who access and/or use the YouSat Website or Services by or through, or as a result of, your acts or omissions. You shall ensure that all such persons who access the Website, comply with: (i) this Agreement; (ii) all other agreements with, and requirements, and restrictions of YouSat, our officers, directors, affiliates, control persons, employees, vendors, licensors, representatives, agents, successors and assigns, and any direct and indirect third party licensors, service providers, subcontractors and sources, including third party websites, of any content offered or provided by YouSat; (iii) all applicable federal, state and local laws, rules and regulations; and (iv) all laws, orders, and restrictions, domestic and international, and all applicable international treaties, regarding the transmission and/or exportation of data and software products from or to the United States. If you become aware of any breaches or violation of any of the foregoing, you shall immediately notify YouSat thereof in writing, including by sending an email with the requisite detailed information to firstname.lastname@example.org.
19. Copyright Notice
All content included on the Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of YouSat or its content suppliers and protected by United States and international copyright laws. Copyright and other relevant intellectual property rights exist on the full content of the Website. The compilation of all content included in or made available through any Services is the exclusive property of YouSat and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available on the Website are trademarks or trade dress of YouSat in the United States and other countries. YouSat’s trademarks and trade dress may not be used in connection with any product or service that is not YouSat’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits YouSat. All other trademarks that are not owned by YouSat that appear in any YouSat Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by YouSat.
21. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Website or through our Services on related satellite channels infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent at email@example.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (4) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the written notice is accurate; and (7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website or through our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Any rights not expressly granted herein are reserved.
©2021, YouSat Corp.