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Acceptable Use Policy

v1.0.1 4 December 2016

Preamble

In order to use the Flowplayer Service to publish your content you need to agree to (i) the Flowplayer Contract and (ii) this Flowplayer Acceptable Use Policy (AUP). In the event of a conflict between the provisions of this AUP and the provisions of the Flowplayer Contract, the provisions of the Flowplayer Contract shall have priority.

Flowplayer RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO ALTER OR UPDATE THE ACCEPTABLE USE POLICY AT ANY TIME WITH OR WITHOUT NOTICE. YOU AGREE TO BE BOUND BY SUBSEQUENT CHANGES AND ACKNOWLEDGE THAT Flowplayer SHALL HAVE NO LIABILITY TO YOU AS A RESULT OF ANY SUCH CHANGES.

1. Right to Reject Content/Suspend Account

Flowplayer reserves the right to accept or reject video and any other content, and/or to suspend the account of any publisher, at Flowplayer’s sole discretion, at any time. Flowplayer will not review or screen content on a regular basis for compliance with these terms 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 video or other content into the Flowplayer Service that contains or constitutes: (a) illegal or unlawful content; (b) invasions of personal privacy; (c) pornography or obscenity, or content which would generally considered to be primarily of an “adult” nature (i.e., content that, if displayed in a movie theater, 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 video content, with 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, guild or other fees to third parties for reproduction or publication of the content; (b) You must be able to upload the video to us electronically; (c) You must accept/execute the Flowplayer Contract and abide by the terms therein; (d) You may not use the Flowplayer Service to offer, for sale or otherwise, any of the following: (i) Any firearms, explosives, or weapons; (ii) Any tobacco products: (iii) Any items that contain child pornography, or that are otherwise pornographic in nature; (iv) Any controlled substances or pharmaceuticals; (v) Any items that are counterfeit or stolen; (vi) Any registered or unregistered securities; (vii) Any items that violate or infringe the rights of other parties; or (viii) Any items where doing so through the Flowplayer Service would cause Flowplayer to violate any law or regulation; (e) You may not use the Flowplayer Service to perform any of the following prohibited acts: (i) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other like form of solicitation; (ii) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, the Flowplayer Service or any end user any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or 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) Any act 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 content delivery, Flowplayer makes available to you through the Flowplayer Web 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 only, 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 or de-provision content at any time, for any reason, with or without notice. Please be aware that one of the reasons Flowplayer might suspend or de-provision your content is if end 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 process; (b) enforce these Terms of Use or the Flowplayer Contract or any applicable amendments thereto; (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.

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.