Acceptable Use Policy

v1.0.2 updated 27 March 2023

Preamble

In order to use the Flowplayer Service to publish Your Content You need to agree to enter into the Contract and agree to the Flowplayer Terms of Service and this Flowplayer Acceptable Use Policy ("AUP"). In the event of a conflict between the provisions of this AUP, the Contract and/or the Flowplayer Terms of Service, the provisions of the Contract shall prevail.

Flowplayer reserves the right, at its sole discretion, to alter or update this AUP at any time with or without notice. However, material changes to this AUP will be communicated in advance in a manner Flowplayer sees fit. By continuing to use the Services after any changes, You agree to be bound by the changes.

1. Right to Reject Content/Suspend Account

Flowplayer reserves the right to accept or reject Content, and/or to suspend the account of any publisher, at Flowplayer's sole discretion, at any time, in the event Flowplayer reasonable believes that the Content or publisher is violating this AUP or the Flowplayer Terms of Service. Flowplayer will not review or screen Content on a regular basis for compliance with this AUP or applicable laws. Nevertheless, if Flowplayer becomes aware of any Content that violates any of the prohibitions set forth herein, or otherwise determines that a publisher's use of the Service is harmful to Flowplayer, to third parties, or contravenes applicable laws or regulations, Flowplayer may reject such Content and/or suspend the publisher's account at any time, without any notice.

2. Terms Regarding Uploaded Content

By utilizing the Flowplayer Service, You agree that you will not upload Content that contains or constitutes: (a) illegal or unlawful content; (b) invasion of personal privacy; (c) pornography or obscenity, or content which would generally be considered to be of an "adult" nature (i.e., content that, if displayed in a movie theatre, would be expected to receive an "X" rating); (d) promotions of hate or incitement of violence; or (e) violations of copyright, trademark, patent, or any other personal, intellectual property, or privacy right, or which constitute defamation, libel, or slander.

3. Terms Regarding Uses of the Flowplayer Service

Flowplayer may but is not obliged to accept any type of Content, subject to these restrictions: (a) You must own all necessary rights to the Content, including copyrights to both the video and the audio. You are responsible for paying any license other fees to third parties for reproduction or publication of the Content; (b) You must be able to upload the video to Flowplayer electronically; (c) You must accept/execute the Flowplayer Contract and abide by the terms therein, this AUP and the Flowplayer Terms of Service; (d) You may not use the Flowplayer Service to offer, for sale or otherwise, any of the following: (i) firearms, explosives, or weapons; (ii) tobacco products: (iii) items that contain child pornography, or that are otherwise pornographic in nature; (iv) controlled substances or pharmaceuticals; (v) items that are counterfeit or stolen; (vi) registered or unregistered securities; (vii) items that violate or infringe the rights of other parties; or (viii) Content which would cause Flowplayer to violate any law or regulation;
(d) You may not use the Flowplayer Service to: (i) Send junk mails, spam, chain letters, pyramid schemes or any other form of solicitation; (ii) transmit viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or send repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Flowplayer Service; or (iii) perform any other acts which interferes with or disrupts the Flowplayer Service or servers or networks connected to the Flowplayer Service.

4. Security and Usage Restrictions

For certain types of delivery of Content, Flowplayer makes available to You through the Flowplayer's webs site the ability to select the application of third party software activating certain content security and usage restrictions. Failure to complete and submit usage restrictions and/or security parameters with respect to any Content may result in distribution of unsecured and/or unrestricted Content. Flowplayer offers this third-party software in conjunction with the Flowplayer Service for Your convenience only, on an "AS IS" basis, and Flowplayer makes no representations, warranties, or promises about the effectiveness, sufficiency, performance, suitability, or ability of such software to prevent the unauthorized distribution of Your Content and will not be liable for the failure of such software in any regard.

5. Non-Use

As described above, Flowplayer reserves the right to suspend delivery of Content, at Flowplayer's sole discretion, at any time, if Flowplayer reasonably believes that such Content violates this AUP or the Flowplayer Terms of Service. Please be aware that Flowplayer may suspend or delete Your Content if users do not access your Content for an extended period of time.

6. Availability of Your Content

You may terminate the distribution of your Content from the Flowplayer Service at any time. You expressly acknowledge and agree, however, that Flowplayer may preserve certain Content and may also disclose such Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal inquiries; (b) enforce this AUP, the Contract or the Flowplayer Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Flowplayer, its users and the public.

7. Authorization & Consent to Receive E-Mail Notifications:

By signing up to use the Flowplayer Service, You consent to receive important e-mail notifications from Flowplayer related to the Flowplayer Service and general Flowplayer updates.