Terms of Service
Last updated: August 30, 2019
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.
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information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date.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
(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.
(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:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located or found on the Website or Service;
- your address, telephone number and, if available, an email address;
- 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
- 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:
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.
(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 one and one half percent (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 10-9-2019 until further notice
|Content Plays:||10 000||50K||150K||Custom|
|Encoding output minutes:||60 min||600 min||1200 min||Custom*|
|Storage:||5 GB||50 GB||150 GB||Custom|
|Storage overage:||0.5 USD/GB||0.30 USD/GB||0.20 USD/GB||Custom|
|Streaming Limit:||10 GB||300 GB||600 GB||Custom|
|Streaming overage:||0.5 USD/GB||0.30 USD/GB||0.20 USD/GB||Custom|
|Ad Plays:||Not included||Not included||Included||Custom|
|OEM:||Not included||Not included||Not included||Custom|
* If not otherwise explicitly specified in the contract between customer and Flowplayer, the monthly limit for encoding output minutes is 1200
** 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.
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.
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.
16. Entire Agreement