This Broadcaster agreement (“Agreement”) is a legal basis on which MYSTREAM LIMITED (“MYSTREAM”) enables you (the “Broadcaster User”) to create and transmit live stream audiovisual content (“Broadcasting Services” and “Broadcast Content”, respectively) through use of the MYSTREAM software programs and related documentation being installed or used by you on any of your devices (the “Software”). By accessing, downloading, using or clicking on “I agree” to accept any services provided by MYSTREAM (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in this agreement.
YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS).
1.1. You may only be a Broadcaster User if you are eighteen (18) years of age or older, and any transmitting of Broadcast Content by anyone under eighteen (18) is unauthorized, unlicensed, and in violation of this Agreement.
1.2. You are solely responsible for the completeness, truth and accuracy of any Broadcast Content transmitted or displayed by you in the Software using the Broadcasting Services. Any Content transmitted by you will be considered non-confidential and non-proprietary. Without derogating from the above, you shall possess all authorizations, licenses, consents and permissions necessary to publish or distribute any of the Broadcast Content to any person (including the right of MYSTREAM to use such Broadcast Content in accordance with the Terms and Conditions).
1.3. The Broadcasting Services are for personal use only. You shall not allow others to use the Broadcasting Services through your MYSTREAM account. If your access to the Broadcasting Services has been suspended, limited or terminated by MYSTREAM, you shall not create another MYSTREAM account or request others to create another MYSTREAM account in your favor.
2. DIAMONDS PROGRAM
2.1. Any Digital Gifts that are gifted to you by another user in the Services (or received by you) are converted in your account to, and are referred to herein as, “Diamonds”. Notwithstanding your receipt or possession of Diamonds, you acknowledge and agree that you do not in fact own the Diamonds, and the amounts of any Diamonds in your MYSTREAM account do not refer to any credit balance of real currency or its equivalent.
2.2. MYSTREAM makes no representation or guarantee that the amount or value of any Digital Gift distributed to you by another user will correlate in any way to the value of the Diamonds received by you, or to the revenue you may receive from MYSTREAM. The amount of revenue delivered to you in exchange for Diamonds or otherwise, if any, is determined by MYSTREAM in its sole discretion.
2.3. Any virtual currency balance shown in your MYSTREAM account does not constitute a real world balance or reflect any stored value. However, in the event that your MYSTREAM account balance with respect to Diamonds will reach a minimum threshold, as shall be determined by MYSTREAM from time to time, in its sole discretion (“Redemption Threshold”), you will be able to redeem Diamonds, in exchange for US Dollars credited to your account in the MYSTREAM’s electronic payment provider. MYSTREAM reserves the right to permanently confiscate from your MYSTREAM account any un-redeemed Diamonds in the event that MYSTREAM determines, in its sole discretion, that you have not logged in to your MYSTREAM account during a period of 90 days. In addition, you will not be able to redeem Diamonds if your access to the Broadcasting Services has been suspended, limited or terminated by you or by MYSTREAM.
2.4. You may receive from time to time Diamonds that were converted from Coins earned from incentive programs or referral rewards made by MYSTREAM, as determined in MYSTREAM's sole discretion (“Promoted Diamonds”). You must redeem the Promoted Diamonds in your MYSTREAM account by no later than 90 days after such Promoted Diamonds have been received by you (“Redemption Period”). MYSTREAM reserves the right to permanently confiscate from your MYSTREAM account any Promoted Diamonds not redeemed within the Redemption Period. In addition, MYSTREAM reserves the right to reject any attempted redemption of Diamonds in your MYSTREAM account if more than 30% of such Diamonds are Promoted Diamonds.
2.5. The value (i.e. the exchange rate) of Diamonds is determined by MYSTREAM in its sole discretion, and MYSTREAM further reserves the right to modify the exchange rate between Diamonds and US Dollars from time to time, with or without reason, in its sole discretion. By your use of the Broadcasting Services, you confirm your understanding of and accept the then-current exchange rate of any Diamonds at the time of their redemption.
2.6. In the event your MYSTREAM account balance with respect to Diamonds is incorrect due to system maintenance or other technical failures as determined by MYSTREAM in its sole discretion, MYSTREAM will use commercially reasonable efforts to correct your MYSTREAM account balance. You may contact us regarding your MYSTREAM account balance at [email protected]
2.7. MYSTREAM takes fraud seriously. Please note that in addition to taking any desirable or necessary legal action, MYSTREAM reserves the right to terminate your use of the Software and Services and/or to permanently confiscate any Diamonds from your MYSTREAM account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. This includes confiscation of any Diamonds which have been converted from Digital Gifts received by you from another user in which such Digital Gifts were purchased or received fraudulently. MYSTREAM will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Services; provided, however, that MYSTREAM’s determination, in its sole discretion, shall be final and binding on you.
3. BROADCASTER AGENT INVOLVEMENT
3.1. If you choose to receive Diamonds through agent and not directly, you will be able to register to the Software through any person or entity which is authorized by MYSTREAM to serve as an agent for Broadcaster Users (“Broadcaster Agent”). It is clarified that MYSTREAM is under no obligation to authorize any person or entity as a Broadcaster Agent. In addition, it is clarified that the terms and conditions which shall apply on the relationship between MYSTREAM and any Broadcaster Agent shall inure for the benefit of MYSTREAM and such Broadcaster Agent and shall not create any right of the Broadcaster User, other than as explicitly set forth in this Agreement.
3.2. Upon your registration to the Software, you will be presented by your Broadcaster Agent a list of certain time-based and performance-based targets, the achievement of such targets may entitle you to receive from your Broadcaster Agent fixed payments in the amounts and upon the terms to be determined by your Broadcaster Agent (“Broadcaster Targets Payments”).
3.3. You hereby acknowledge and agree that all the Diamonds to which you are entitled shall be received by the Broadcaster Agent, which shall be solely responsible for the redemption of the Diamonds and/or the payment of any amount in exchange therewith, upon your instruction and subject to the terms and conditions of this Agreement. You further agree that MYSTREAM is under no obligation to pay to you any amount in exchange for Diamonds or otherwise (including, without limitation, any Broadcaster Targets Payments) and that no MYSTREAM Party shall be liable to you or to any other party for any fees, compensation or other amounts in connection therewith.
3.4. MYSTREAM reserves the right, at any time and at its sole discretion, to suspend or terminate its relationship with any Broadcaster Agent, upon which
(i) your MYSTREAM account may be suspended or terminated by MYSTREAM,
(ii) the un-redeemed Diamonds in your MYSTREAM account may be permanently confiscated, and
(iii) notwithstanding Section 1.3. above, if you wish to renew access to the Software and/or the Broadcasting Services, you will be required to create another MYSTREAM account, either directly or through another Broadcaster Agent.