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Terms of Service

Last updated: Feb 27, 2020

These Terms of Service govern all use of all technology, all Contracts, and all Services (as defined below) that You (as defined below) access and/or receive from Flowplayer AB (“Flowplayer”) and/or its Suppliers. By having access to, receiving, and/or using the Services, You agree, without limitation or qualification, to be bound by and to comply with these Terms of Service. FLOWPLAYER RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO ALTER OR UPDATE THESE TERMS OF SERVICE AND/OR THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE INCLUDING, WITHOUT LIMITATION, FEATURES, SPECIFICATIONS, CAPABILITIES, FUNCTIONS, LICENSING TERMS, RELEASE DATES, GENERAL AVAILABILITY OR OTHER CHARACTERISTICS. BY CONTINUING TO USE THE SERVICES AFTER ANY SUCH CHANGES, 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. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL USES OF THE SERVICES ARE FURTHER SUBJECT TO FLOWPLAYER’S PRIVACY POLICY LOCATED AT WWW.FLOWPLAYER.COM/PRIVACY (“PRIVACY POLICY”), AND ACCEPTABLE USE POLICY LOCATED AT WWW.FLOWPLAYER.COM/AUP (“AUP”), EACH OF WHICH MAY BE UPDATED FROM TIME TO TIME BY FLOWPLAYER WITH OR WITHOUT NOTICE.

Table of contents

1. Definitions

The Flowplayer Service (referred to herein as the “Service”) and the Flowplayer Website (referred to herein as the “Website”) are owned by Flowplayer AB and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “Flowplayer”).

“You” or “Your” means the individual, corporation or other entity that (a) has entered into a Contract, (b) has received a Demo Account through Flowplayer or one of its Agents, and/or (c) otherwise rightfully accesses and/or uses the Services or any portion thereof. The term “You” also implies Users and other individuals authorized by You as consistent with these Terms of Service to the extent reasonably implied in the context used herein. Nothing herein permits You to use the Services without first obtaining the necessary rights and consents described herein and in any Contract.

Your use of the Service and/or Website is subject to the following terms and conditions (referred to herein as the “Terms of Use” or “Terms”), to the contract established between Flowplayer and you (“referred to herein as the “Contract”), and to the terms and conditions of Flowplayer’s Privacy Policy, which is published at www.Flowplayer.com/privacy-policy, and which is incorporated herein by reference.

2. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, an emancipated minor, or that You possess legal parental or guardian consent, and that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Flowplayer Website and Service are not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Flowplayer Website or Service—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

3. Acceptance and Accuracy

By using the Flowplayer Service and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable any website where the Flowplayer Service is found. Flowplayer may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. Flowplayer does not have a duty to update information contained in the Website, and Flowplayer will not be liable for any failure to update such information.

We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.

In addition, individual members of the Flowplayer team may from time to time post blogs under their own byline on the Website. The views expressed in such blog posts are the author’s and do not necessarily reflect the views of Flowplayer.

4. Grant of Licenses

(a) Right to Use the Services. Subject to the terms and conditions of the Contract(s), including without limitation these Terms of Service, the Privacy Policy and the AUP, Flowplayer grants to You, during the Term specified in the Contract(s) or the limited time period specified for the Demo Account issued to You, a non-exclusive, non-transferable, revocable, limited license, without right of sublicense, to access and use the Services.

(b) Content. You hereby grant Flowplayer a worldwide, royalty-free, non-exclusive, transferable (solely to Flowplayer’s Agents and Suppliers) license to perform such acts with respect to the Content solely as are reasonable in connection with provisioning the Services including, without limitation, the right to: (i) secure, transcode, encode, reproduce, host, cache, route, reformat, and analyze the Content and create algorithms and reports based on access to and use of the Content by Users and End Users; (ii) use, exhibit, broadcast, deliver, publish, publicly display, publicly perform, distribute, promote, copy, store, and/or reproduce (in any form) the Content on or through the Services; and (iii) utilize Content to test Flowplayer’s internal technologies and processes.

5. Scope of Use

(a) Responsibility for Content. You are solely responsible for all matters arising out of or in connection with the Content including, without limitation, ensuring that the Content does not include Prohibited Content (as defined in the AUP).

(b) Content. You are responsible for all Content (regardless of whether provided by You and/or by third parties) including without limitation for any damages that may result from errors or omissions, false or defamatory material, and/or material that is offensive, indecent, objectionable, infringing, and/or illegal. Under no circumstances will Flowplayer, its Agents or its Suppliers be liable in any way for Content or for any loss or damage of any kind incurred by You or any third party as a result of the use or publication of any Content posted, delivered, streamed, or otherwise transmitted via in or connection with the Services. Without limiting the foregoing, You acknowledge that neither Flowplayer nor its Agents or Suppliers will be responsible for preventing or identifying infringement of intellectual property rights or other violations associations with the Content, and that Flowplayer, its Agents and its Suppliers assume no responsibility to edit, review, or oversee Content submitted, uploaded, distributed, retrieved, or viewed in connection with use of the Services, and shall not be responsible for screening or monitoring for possible (i) infringement or enforcing Your rights or third party rights with respect to Content, (ii) unlawful, inappropriate or unpermitted use, (iii) libel, falsehoods, errors or omissions contained in Content, or (iv) non compliance with FCC or other governmental laws and/or regulations. For any infringement or suspected infringement of intellectual property rights, You must immediately remove the applicable Content from the Services. Without limiting the foregoing, You acknowledge that Flowplayer respect Intellectual Property rights and has Copyright Notification Procedures available below with respect to third party claims of infringement.

(c) Third Party Materials/Products/Services. Any third party products, content, services and/or links displayed on or through the Services are not referrals or endorsements of any product, service or provider; any and all such offerings are displayed solely for convenience only. The Services may in some cases be permitted for use with third party components or services (“Third Party Services”) that may be subject to their own, separate license agreements or special pass-through terms, and You assume all risks and liabilities associated with the use of any such third party offerings. For clarity, nothing in this Section diminishes Flowplayer’s obligations to You under these Terms of Service with respect to Flowplayer’s (or its Suppliers’) technology that is expressly stated as included within the “Services” in the Contract(s) (the “Flowplayer IP”), but instead relates to any access and/or use of third party products and/or services that You elect to utilize in connection with the Flowplayer IP (regardless of whether Flowplayer provides integration or other services at Your request in connection with enabling or utilizing third party products and/or services with the Services). In no event will Flowplayer be responsible or liable for any failure or inability to access Third Party Services, including without limitation that which is caused by changes to Third Party Services (or portions thereof) that affect the integration with or use of the Flowplayer IP or otherwise.

(d) You acknowledge and agree that the technical processing and transmission of the Services and/or Content may involve transmissions over various networks and changes by You may be required to conform and adapt to technical requirements of connecting networks or devices.

(e) The Player. The Player and similar technologies contains software to track and capture End User activity to assist Flowplayer and You in optimizing the Services and Your use of and benefit derived from the Services. Your obligations related to disclosures to End Users on Your website(s), applications, or otherwise are indicated in the Privacy Policy.

(f) Content Preservation and Disclosure. You expressly acknowledge and agree that Flowplayer may, but is not required to, preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable or necessary to: (i) comply with legal process; (ii) enforce a Contract, including without limitation these Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; and/or (iv) protect the rights, property, or personal safety of Flowplayer, its Suppliers, users and/or the public.

(g) Demonstration Accounts. At Flowplayer’s discretion, You may receive a Demo Account that may include limited access to test certain features and functionality of the Services. Flowplayer is permitted to suspend or terminate the Demo Account in its sole discretion at any time with or without notice. At the end of any demonstration period as determined by Flowplayer, You are responsible for paying applicable fees for use of the Services pursuant to the payment terms and prices designated in a separate agreement between You and Flowplayer (or one of its Agents) or, if no such agreement has been executed, then pursuant to the Flowplayer’s then-current standard pricing schedule.

6. Automatic Updates/Communication Features

The Services consist of the most current versions thereof, including without limitation automatic general release updates to the Services such as bug fixes, patches, enhanced functions, and/or security related patches. You agree to accept and/or migrate (as applicable) to any and all new versions of Services, or any portion thereof, that Flowplayer may implement and/or otherwise provide to You, and Flowplayer shall have no obligation to provide or support any prior versions of the Services or portions thereof.

7. Ownership and Intellectual Property Rights

As between You and Flowplayer, You and Your suppliers and licensors own all right, title and interest in and to Content (excluding any content that might be provided by Flowplayer and/or its Suppliers) including associated intellectual property rights under copyright, trademark and/or other applicable domestic and international laws. Flowplayer and its Suppliers own all right, title and interest in and to the Services (including any content that might be provided by Flowplayer and/or its Suppliers) including associated intellectual property rights under copyright, trade secret, patent, trademark and/or other applicable domestic and international laws. In no event shall the Services (or any portion thereof) or any content (including without limitation advertisements) that might be provided by Flowplayer and/or its Suppliers be deemed sold or assigned to You. Any and all rights not expressly granted by Flowplayer are reserved to Flowplayer and its Suppliers. Flowplayer is not required to accept unsolicited feedback. If You provide feedback about the Services to Flowplayer, Flowplayer shall own all rights in and to such feedback and any derivative technologies, methodologies, compilations and/or any other resultant uses based on or developed through or by using such feedback and You shall take all necessary actions that may be requested by Flowplayer to perfect Flowplayer’s rights in and to such feedback.

8. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement

Flowplayer respects the intellectual property of others. Flowplayer does not, however, independently confirm that all Content made available through the Service is provided by a valid rights holder. In the event that Flowplayer becomes aware that Content published on or through the Service has been provided by a person who is not a valid rights holder, Flowplayer may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Flowplayer the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located or found on the Website or Service;
  4. your address, telephone number and, if available, an email address;
  5. 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; and
  6. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Claims of copyright or other intellectual property infringement should be sent to Flowplayer by mail or email as follows:

By Mail:

Flowplayer AB  
Regeringsgatan 29, 5th Floor  
111 53 Stockholm, SWEDEN 

By Email: legal@flowplayer.com

For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.

9. Fees/Taxes

(a) Fees; Payment Terms. In consideration of Your rights under the Contract(s), You shall timely pay Flowplayer the Fees designated in the Contract(s). You agree to purchase the Services indicated in each applicable Contract for the Initial Term stated therein and any renewal terms. All recurring Fees (including without limitation, as applicable to the Contract(s): platform fees, support fees, and bundled use allotment fees (e.g. for transcoding, streaming, delivery, processed content, storage, etc.)) are due and payable in advance, all usage-based fees (e.g., for transcoding, streaming, delivery, processed content, storage, etc. in lieu of or in excess of the prepaid allotments, as applicable) are due and payable monthly in arrears, and all non-recurring Fees (e.g. pursuant to statement(s) of work) are due and payable on the effective date of the order unless otherwise stated in a particular statement of work. Any unused portions of included and/or bundled use allotments that may be stated in the Contract(s) (including without limitation use allotments relating to streams, transcoding, processed content, and/or delivery) will expire at the end of each time increment stated in the Contract(s) and will not rollover to subsequent timeframes or time increments.

If a payment fails multiple times, the subscription will be deactivated and all videos unpublished. You will be notified about this by email and have another 7 days to contact us and solve the issue. After that period, all videos will be deleted and due payments sent to a collecting agency. Flowplayer will not be held responsible for any damage this might cause to your business, or any costs for reuploading videos afterwards.

(b) Taxes. You are solely responsible for all applicable sales, use, import or export taxes, duties, fees, tax due at source (TDS), value-added taxes (VAT), surcharges, tariffs or other amounts attributable to the Services and exploitation of the Content under the Contract(s) and any withholdings of the same required by Flowplayer will be invoiced back to You.

(c) Fees not paid when due shall be subject to a late fee equal to the lesser of two (2.0%) of the unpaid balance per month or the highest monthly rate permitted by applicable law. Flowplayer may, with or without notice, suspend access to the Services and/or terminate the Contract(s) if You are delinquent in paying all or any portion of the Fees. In the event that a Contract is terminated prior to the end of the Term for any reason other than an uncured material breach by Flowplayer, all committed fees for the Term shall become immediately due and owing in full. In addition, You will be liable for any collection costs (including without limitation attorneys fees and other legal fees and expenses, collection agency fees and expenses, court costs, collection bonds, and reasonable staff costs at standard billing rates for time spent in efforts to collect) incurred by Flowplayer and/or its Agents to collect sums due and owing under the Contract(s). After the Initial Term of a Contract or renewal thereof (as applicable), the Fees shall be subject to Flowplayer’s standard pricing changes.

(d) Overage prices from 21-05-2021 until further notice Accumulated overage costs will be automaticlly charged when exceeding $50, or at next plan renewal.

Plan limits

Per month Trial Starter Enterprise
Content plays: 10k 50K Custom
Plays overage: 5 USD/1k 5 USD/1k Custom
Encoding input minutes: 60 min 160 min Custom*
Encoding input overage: - 0.25 USD/min Custom
Storage: 5 GB 200 GB Custom
Storage overage: 0.5 USD/GB 0.035 USD/GB Custom
Streaming limit: 10 GB 500 GB Custom
Streaming overage: 0.5 USD/GB 0.30 USD/GB Custom
Ad Plays: Not included included in plays Custom
OEM: Not included Not included Custom
Livestreaming: None None Custom**
DRM encoding : None None Custom
AI auto transcriptions: None None Custom

When the trial usage limits are reached, you can upgrade to a paid plan to continue using the service.

* If not otherwise explicitly specified in the contract between customer and Flowplayer, the monthly included quota for encoding input minutes is 240.

** If not otherwise explicitly specified in the contract between customer and Flowplayer, the monthly limit for livestreaming is one (1) concurrent stream and one hundred (100) live streaming hours.

Trial accounts are limited to 3 video uploads.

In order to deliver a high performing service, requests to the Flowplayer Platform API (accessed via api.flowplayer.com) may not exceed onehundredtwenty (120) per minute. This number reflects a normal use by a customer, the excess of which would be abusive. Flowplayer reserves the right to immediately suspend accounts that exceed the maximum API requests set forth herein and to terminate, block and/or blacklist such accounts if Flowplayer believes in its reasonable discretion that such excess is due to Customers’s abusive behavior.

Explorer plan

The Explorer plan is made to ensure customers access to test the Flowplayer capabilities in a non production state. Explorer plan is free with limitations as per the table in section 9 of Terms of Service. Flowplayer retains the right at any time to modify or discontinue the Explorer plan without notice and leaves no guarantees of support or functionality since it is provided as a test plan. Customers using the Explorer plan may not modify or customize any logo or limits that appears in the player (or other equivalent action) on a video.

Flowplayer explicitly retains the right to terminate and delete any account deemed inactive or used in an abusive way. Including but not limited to accounts created byt bots or automated scripts.

The boundaries for explorer plan are:

  • Up to 10 000 video plays (stream starts)
  • Up to 250 GB of Video streaming
  • Up to 25 GB of Storage
  • Up to 1 Minute of video encoding per uploaded asset
  • Up to 60 asset uploads per month

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FLOWPLAYER WEBSITE, SERVICE, AND/OR NETWORK SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOWPLAYER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. FLOWPLAYER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE. FLOWPLAYER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FLOWPLAYER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability

IN NO EVENT SHALL FLOWPLAYER, ITS OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, SERVICE, AND/OR THE FLOWPLAYER NETWORK, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FLOWPLAYER’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FLOWPLAYER WILL NOT BE LIABLE FOR USER SUBMITTED MEDIA OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR OTHERWISE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Indemnity

You shall defend, indemnify and hold harmless Flowplayer and its Agents and Suppliers and their respective officers, employees, licensors, agents, and affiliates, and all successors in interest to the foregoing, from and against any and all third party claims, damages, costs and expenses (including but not limited to attorney’s’ fees) arising from: (i) your use of and access to the Website and/or Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submitted Media caused damage to a third party. This defense and indemnification obligation shall survive the termination and/or expiration of these Terms of Use.

13. Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flowplayer without restriction.

14. Publicity and Marketing

Flowplayer shall be permitted to line-list You as a customer and use Your standard logo for Flowplayer’s promotional and marketing use during the Term.

15. Governing Law; Dispute Resolution.

You agree that: (i) the Website and Service shall be deemed solely based in Stockholm; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Flowplayer, either specific or general, in jurisdictions other than in Stockholm. These Terms of Use shall be governed by laws of Stockholm, without respect to its conflict of laws principles. Any claim or dispute between you and Flowplayer that arises in whole or in part from the Website and/or Service shall be decided exclusively by arbitration at the Stockholm Chamber of Commerce Arbitration Institute (the Institute).

16. Entire Agreement

The Contract(s), including these Terms of Services and all URLs incorporated herein (i.e., the Acceptable Use Policy located at www.flowplayer.com/aup, and the Privacy Policy located at www.Flowplayer.com/privacy), constitute the complete and exclusive agreements between You and Flowplayer with respect to its subject matter and supersedes any and all prior written or oral agreement or understanding relating to the same subject matter. In the event of any conflict between or among any Contract executed by both You and Flowplayer and these Terms of Service, the Contract shall control to the extent of such conflict and all other terms and conditions of each shall continue to remain in full force and effect. If any provision of a Contract, including without limitation these Terms of Service is held unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Notwithstanding anything to the contrary in these Terms of Service, if You procure the Services through one of Flowplayer’s Agents instead of directly from Flowplayer, then Flowplayer has no direct or indirect liability to You in connection with the Services or otherwise regardless of whether Flowplayer hosts the Services. You and Flowplayer are independent contractors and no joint venture, partnership, employment, agency or exclusive relationship exists between You and Flowplayer as a result of the Contract(s) and/or Your use of the Services as authorized thereunder. Any written notice required hereunder may be transmitted via email to the primary email contacts provided or other official email contacts available to a party if such email contacts are no longer relevant due to employee departure or otherwise. A Contract may only be modified by written amendment signed by authorized representatives of both You and Flowplayer. All waivers must be made in writing and the failure of You or Flowplayer to enforce any right or provision in a Contract or in these Terms of Service shall not constitute a waiver of such right or provision. Any waiver on one occasion shall not imply or constitute a waiver on any other occasion. Flowplayer shall not be responsible for any failure to perform, or delay in performing any of its obligations under a Contract or these Terms of Service to the extent that such a failure or delay results from force majeure causes beyond its control, such as acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like. You may not transfer or assign these Terms of Service or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Flowplayer and any such assignment shall be null and void from the beginning. The Contract(s), including without limitation these Terms of Service, shall inure to the benefit of and be binding upon Flowplayer’s or Your respective permitted successors and assigns.