Terms & Conditions of Service
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES
These Terms Of Service Govern Our Agreement To Provide Services To You, And Your Subsequent Operation Of Your Account. By Signing Up For And/or Otherwise Accessing Any Of The Services Or Products Provided By StreamUp LTD, You Agree To Be Bound By All These Terms And Conditions. It Is Essential That You Read These Terms Prior To Purchasing Services With StreamUp LTD. If You Have Any Questions About These Terms, Please Contact Us.
The terms “we”, “us” or “our” shall refer to StreamUp LTD ("StreamUp"). The terms "Client", “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. StreamUP LTD may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Website. Your use of this Webite or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Website or the Services. In addition, StreamUp LTD may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. StreamUp LTD assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
In order to access some of the features of this Website or use some of the Services, you will have to create an Account. You represent and warrant to StreamUp LTD that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If StreamUp LTD has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, StreamUp LTD reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below).
For security purposes, StreamUp LTD recommends that you change your password at least once every six (6) months for each Account . You must notify StreamUp LTD immediately of any breach of security or unauthorized use of your Account.
StreamUp LTD will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss StreamUp LTD or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
If you are visiting this Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Website and communicating electronically with us, you consent to such transfers.
Your use of this Website and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent
You will not use this Website or the Services in a manner that: Is illegal, or promotes or encourages illegal activity
Promotes, encourages or engages in child pornography or the exploitation of children
Promotes, encourages or engages in terrorism, violence against people, animals, or property
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking
Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription
Infringes on the intellectual property rights of another User or any other person or entity
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity
Interferes with the operation of this Website or the Services found at this Website
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding our Services
You will not copy or distribute in any medium any part of this Website or the Services , except where expressly authorized by Us
You will not modify or alter any part of this Website or the Services found at this Website or any of its related technologies
You will not access Our Content (as defined below) or User Content through any technology or means other than through this Website itself, or as We may designate
You agree to back-up all of your User Content so that you can access and use it when needed. We do not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content
You will not re-sell or provide the Services for a commercial purpose, including any of Our related technologies, without Our express prior written consent
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
SMS Phone Verification
You agree to provide us with a valid mobile number and that we may send you text messages to that number through your wireless provider. Preceding enrollment in the Service, we will send a verification text message to your designated mobile number. To complete enrollment, you must confirm receipt of the text message from your device by following the instructions in that text message.
In addition to the general rules above, the provisions in this Section apply specifically to your use of StreamUp LTD Content and User Content posted to StreamUp LTD’s corporate websites (i.e., those sites which StreamUp LTD directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Except for User Content, the content on this Website and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“StreamUp LTD Content”), are owned by or licensed to StreamUp LTD in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under United Kingdom and foreign laws.
StreamUp LTD Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of StreamUp LTD. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. StreamUp LTD reserves all rights not expressly granted in and to the StreamUp LTD Content, this Website and the Services, and this Agreement do not transfer ownership of any of these rights.
Some of the features of this Website or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Website or to the Services, you represent and warrant to StreamUp LTD that (i) you have all necessary rights to distribute User Content via this Website or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the security-related features of this Website or the Services found at this Website (including without limitation those features that prevent or restrict use or copying of any StreamUp LTD Content or User Content) or enforce limitations on the use of this Website or the Services found at this Website, the StreamUp LTD Content or the User Content therein.
Charges and Payment
Charges are payable in advance depending on the Service purchased as set out in the online customer order form and time for payment shall be of the essence. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should the invoice remain unpaid for more than 4 days. This applies to all hosting and audio streaming accounts.
If an invoice is unpaid, the related service will be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavors to restore service within 24 hours.
You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via e mail to the e mail address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.
You warrant that you are lawfully authorized to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
All payments must be made in UK pounds sterling, US Dollars or Euros inclusive of applicable taxes.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
Any unused Credit notes on Your Account will be taken in payment of Your Service.
Pay By Paypal
By using PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”). It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card.
You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor StreamUp LTD shall be liable to you or any third party regarding the same.
If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and StreamUp LTD may pursue all available lawful remedies in order to obtain payment.
By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source. Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and We make no representations or warranties with respect to those Services.
Pay By Credit Card
Billing for the Subscription Service will be by valid credit card at the time of purchase. If you elect to subscribe to a service that requires a monthly payment, your monthly payments for the same will be automatically charged to the credit card provided by you at the time of your purchase (with such payments being charged in advance on a monthly basis), and you hereby agree that STREAMUP LTD is authorized to so charge your credit card.
Where payment is by credit card or debit card you expressly authorise us to charge recurring billing by such method until we receive from you a completed account cancellation notice or the Services end.
You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour.
For products and services eligible for a refund, you may request a full refund for annual plans within thirty (30) days of purchase and within 7 days of purchase for monthly plans (each “Refund Period”). For refunds requested after the Refund Period, an in-store credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested.
*Annual Plans: Any product purchased for 1 year or greater will be considered an annual plan under the terms of this policy. Within thirty (30) days, you may request a full refund of the purchase price of the product. After thirty (30) days, you may request an in-store credit for any unused time remaining on your annual plan. Unused time will be pro-rated based on the date of original purchase and, for renewals, the anniversary date of the original purchase date of the product (this is referred to as the Service Date).
*Monthly Plans: Any product purchased for less than 1 year will be considered a monthly plan under the terms of this policy. Within seven (7) days, you may request a full refund of the purchase price of the product. After seven (7) days, you may request an in-store credit for any unused time remaining on your multi-monthly plan excluding the month in which the refund is requested. Single month plans are not eligible for refunds after seven (7) days. Unused time will be pro-rated based on the date of original purchase and, for renewals, the monthly scheduled renewal date based on the original purchase date of the product (this is referred to as the Service Date).
In no event will you be eligible for more than one refund of the same product.
You must notify us of termination by delivering to our contact address a completed account cancellation notice which can be obtained from us on request or by completing an online cancellation within our online control panels.
STREAMUP LTD reserves the right, without any prejudice to any Clauses within this Agreement and any other rights it is entitled to, to terminate this Agreement without any notice upon:
Any Charges or Additional Charges for Services supplied or any Outstanding Charges remain unpaid for more than sixty (60) calendar days.
The Customer is in breach of any of its obligations under this Agreement.
Availability, Accuracy and Security of the Website
The Website is made available free of charge.
The content on the Website (including, but not limited to, the content of the Announcement, Blogs, Knowledge Base and Service Status sections of the Website) is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.
We will use our reasonable endeavors to make the Website available 24 hours a day.
Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
It is your responsibility to ensure that any hardware, software or any equipment that you use is compatible with the Website and we shall not have any liability for any damage caused to, or viruses or other information which may effect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any 'Act of God', terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Limitation of Liability
In no event shall StreamUp LTD, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from
i) the accuracy, completeness, or content of this Website
ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this Website
iii) the services found at this Website or any sites linked (through hyperlinks, banner advertising or otherwise) to this Website
iv) personal injury or property damage of any nature whatsoever
v) third-party conduct of any nature whatsoever
vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein
vii) any interruption or cessation of services to or from this Website or any sites linked (through hyperlinks, banner advertising or otherwise) to this Website
viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this Website or any sites linked (through hyperlinks, banner advertising or otherwise) to this Website
ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or
x) any loss or damage of any kind incurred as a result of your use of this Website or the services found at this Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not StreamUp LTD is advised of the possibility of such damages.
Migration of Servers
You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
To guarantee optimal performance on the servers, it is necessary for StreamUp LTD to perform routine maintenance. Such maintenance often requires taking StreamUp LTD Services off-line, typically performed during off-peak hours.
StreamUp LTD will give you advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the StreamUp LTD Website.
Acceptable Email Usage
We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email firstname.lastname@example.org or email@example.com
You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
High Resource Usage Policy
Where we do not operate a bandwidth capping policy we maintain high ratios of bandwidth per website. In the rare circumstances that a user utilizes our server resources to such an extent that it may jeopardize server performance and resources for other users then we reserve the right to suspend any website immediately in order to prevent the misuse of our servers and to maintain maximum availability for other users.
It is the account owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. StreamUp LTD is not responsible for any data losses or security issues due to stolen passwords or any passwords that you have intentionally or accidentally disclosed to any third party.
StreamUp LTD recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
Updating Your Information
You may alter, update or deactivate your account information or opt out of receiving communications from us and our partners at any time. To change or modify your account information or contact preferences, you may visit our client area or contact us via email.
Links to this Website
You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
Links from this Website
We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites.
We encourage our users to be aware when they leave our Website & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this Website or accessed through this Website yourself, before disclosing any personal information to them.
StreamUp LTD will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Monitoring Of Content
StreamUp LTD generally does not pre-screen User Content (whether posted to a website hosted by StreamUp LTD or posted to this Website). However, StreamUp LTD reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
StreamUp LTD may remove any item of User Content (whether posted to a website hosted by StreamUp LTD or posted to this Website) and/or terminate a User’s access to this Website or the Services found at this Website for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by StreamUp LTD in its sole and absolute discretion), at any time and without prior notice.
StreamUp LTD may also terminate a User’s access to this Website or the Services found at this Website if StreamUp LTD has reason to believe the User is a repeat offender. If StreamUp LTD terminates your access to this Website or the Services found at this Website, StreamUp LTD may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
* Unlimited Listeners
Plans are limited to 1000 simultaneous connections. Plans are suitable for commercial broadcasters. For more than 1000 simultaneous connections please contact us for a custom quote.
* Unmetered Bandwidth
Unlimited Bandwidth is supplied under a Fair Use Policy whereby your radio can use as much bandwidth as required unless it affects the performance of other users on shared servers. If your radio reaches this point and is seen as a high-volume server we will contact the customer to discuss options and we will cap Listener limits to less number.