Bambuser Premium Terms Of Service

Please read the following Bambuser Premium Terms of Use ("Premium Terms") carefully. These Premium Terms and the Bambuser Terms of Use located at http://bambuser.com/tou ("Bambuser TOU"), which are incorporated herein by reference and form part of these Premium Terms, govern your purchase of the Premium Services and use of the Site and Services in connection therewith or otherwise. Capitalized terms not defined herein have the meanings given in the Master TOU. In addition to your purchase of the Premium Services, these Premium Terms also outline specific terms and conditions, including without limitation to billing, payments and our refund policy. In the event of a conflict between the Premium Terms and Bambuser TOU, the Premium Terms shall govern.

PLEASE NOTE THAT THIS LEGAL AGREEMENT SET OUT BELOW GOVERNS YOUR USE OF THE PREMIUM SERVICE AND SITE. TO AGREE TO THESE TERMS, CLICK "I AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE," AND DO NOT USE THE PREMIUM SERVICE. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

1. Eligibility and Registration

  1. In order to access the full range of features of the Site and Premium Services, you will be required to create a Premium user account and become a Premium User". To become a Premium User, you must be at least 18 years of age.
  2. When you register with Bambuser and set up your Premium User account, you agree to provide Bambuser with accurate and complete information. You agree to promptly update your Premium User account information with any new information that may affect the operation of your Premium User account. You authorize Bambuser, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Premium Service account information.

    You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Premium User account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Premium Service account, whether or not you have authorized such activities or actions. You agree to immediately notify Bambuser of any unauthorized use of your username, password or Premium User account

2. Premium Plans

You will have the option to select one (1) of the three (3) plans being offered by Bambuser. Please be careful to review the 3 plans and decide which plan works best for you. Such plans are subject to overages (see Section 6 below) and other applicable taxes and fees, if any.

  1. Basic Package: The Basic Package provides 250 Viewing Hours (as defined below) for Sixty-Nine Dollars ($69.00) per month. If you select this plan, you will be charged $69.00 to your credit card/Paypal account at the time of your registration, which will be automatically billed monthly thereafter. You may cancel at any time, subject to the cancellation policy (pursuant to Section 6.c. below). You may chose to purchase Bambuser Basic for 12 months. If you select this plan you will be charged Five Hundred and Forty dollars ($540) at the time of your registration, which will be automatically billed yearly thereafter.
  2. Standard Package: The Standard Package provides 4,500 Viewing Hours for Three Hundred and Ninety-Nine Dollars ($399.00) per month. If you select this plan, you will be charged $399.00 to your credit card/Paypal account at the time of your registration, which will be automatically billed monthly thereafter. You may cancel at any time, subject to the cancellation policy (pursuant to Section 6.c. below.)
    You may chose to purchase Bambuser Standard for 12 months. If you select this plan you will be charged Three Thousand Nine Hundred and Forty Eight dollars ($3,948) at the time of your registration, which will be automatically billed yearly thereafter.
  3. Plus Package: The Plus Package provides 15,000 Viewing Hours for Nine Hundred and Ninety-Nine Dollars ($999.00) per month. If you select this plan, you will be charged $999.00 to your credit card/Paypal account at the time of your registration, which will be automatically billed monthly thereafter. You may cancel at any time (pursuant to Section 6.c below). You may chose to purchase Bambuser Plus for 12 months. If you select this plan you will be charged Seven Thousand One Hundred and Eighty Eight dollars ($7,188) at the time of your registration, which will be automatically billed yearly thereafter.
  4. Definitions
    • (i) A Viewing Hour(s) ("VH" or "VH"s") is measured by the total viewing time across all viewers of a particular stream. A One Viewing Hour equals 1 person watching for 1 hour or 2 people watching for 30 minutes each, etc. The number of Viewing Hours you use per month determines what you pay monthly. For example, if 100 viewers watch a stream for 30 minutes each, then this would equal 50 Viewing Hours.
    • (ii) All prices of the packages (as listed hereinabove) shall be separately and collectively referred herein as the "Monthly Service Fee".

3. Overages

If you exceed the allocated monthly Viewing Hours in a particular plan, you will be charged as follows:

  1. Basic Package: Fifty cents ($0.50) per additional Viewing Hour, exceeding beyond the 250 Viewing Hours per month. You will be charged for all overages, if any, at the end of the monthly billing cycle. You agree to allow Bambuser to charge all overages in the next billing cycle, including the next Monthly Service Fee, applicable taxes and fees, if any.
  2. Standard Package: Thirty-Five cents ($0.35) per additional Viewing Hour, exceeding beyond the 4,500 Viewing Hours per month. You will be charged for all overages, if any, at the end of the monthly billing cycle. You agree to allow Bambuser to charge all overages in the next billing cycle, including the next Monthly Service Fee, applicable taxes and fee, if any.
  3. Plus Package: Twenty cents ($0.20) per additional Viewing Hour, exceeding beyond the 15,000 Viewing Hours per month. You will be charged for all overages, if any, at the end of the monthly billing cycle. You agree to allow Bambuser to charge all overages in the next billing cycle, including the next Monthly Service Fee, applicable taxes and fee, if any.

4. Fees and Billing

  1. Fees: The Premium Service can be purchased via a valid bank credit card/PayPal account, which you will provide at the time of the registration for the Premium Service. Billing occurs at the time you subscribe for the Premium Service or shortly thereafter. You agree to pay your Subscription Fee in advance of receiving any service. Bambuser reserves the right to discontinue or modify any Subscription Fee-based payment option at any time without notice. If you are signing up under a promotional subscription fee, some additional restrictions may apply.

    The minimum commitment for any paid plan with a Subscription Fee is 30 days. When you cancel a paid plan, the cancellation will become effective on the 1st day of the calendar month that follows the day your 30-day commitment is met. In between the time you cancel and the effective date of the cancellation, you are responsible for any additional fees that you accrue.

  2. Billing
    • (i) All Monthly Service Fees (including overages, if any) will be billed to you monthly after your registration of the Premium Service. By way of example, if you registered on the 15th of the month, you would be billed again on the 15th of the following month.
    • (ii) All Monthly Service Fees are non-refundable. You agree to pay Bambuser for all charges at the prices then in effect for use of the Premium Services by you or other persons (including your agents) using your Premium Service account, and you hereby authorize Bambuser to collect fees by charging the credit card you provide to us as part of your Premium Service account information or otherwise, either directly or indirectly.
    • (iii) The Monthly Service Fees may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the Premium Services.

5. Upgrading/Downgrading

Premium Service users that wish to upgrade or downgrade their service plans can do so by updating his or her account profile. You may request an upgrade or downgrade at any time subject to the following terms and conditions:

a. Upgrading: If a Premium Service user upgrades their plan, the changes in the plan (e.g., increase in Viewing Hours) will be applied retroactively. Any overages for that month will be reevaluated for the new plan. By way of illustration, an upgrade from the Starter Package to Medium Package will increase the Viewing Hours from 100 VH to 4,000 and any overages during the Starter Package will be applied to the 4,000 VH.

b. Downgrading: Downgrades from monthly service plans do not take effect until the next monthly billing cycle after the downgrade is initiated. You will be charged for any overages at the time your downgrade takes effect. Downgrading your service plan may cause loss of features or functionality. Bambuser will not be liable to you or any third party for any downgrading and Bambuser will have no obligation to maintain any information stored in our data centers related to your account which may become inaccessible thereafter or to forward any information to you or any third party.

6. Termination or Suspension of the Site or Premium Services & Modification of these Terms of Service

  1. Bambuser reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Premium Services or to modify or terminate these Premium Terms without advance notice. Modifications to these Premium Terms or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Premium Terms. If any modification is not acceptable to you, your only recourse is to cease using the Site and Premium Services. By continuing to use the Site or Premium Services after Bambuser has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
  2. Without limiting other remedies, Bambuser may at any time suspend or terminate your Premium Services account and refuse to provide access to the Site or Premium Services. The Site, Premium Services and access to a Premium Services account are not available to temporarily or indefinitely suspended Premium users. In addition, Bambuser may notify authorities or take any actions it deems appropriate, without notice to you, if Bambuser suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these PB Terms or any policies or rules established by Bambuser; or (ii) engaged in actions relating to or in the course of using the Site or Premium Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Premium Service users, Bambuser or any other third parties or the Site or Premium Services.
  3. You may terminate your Premium Service account at any time and for any reason. Bambuser will not refund any unused Viewing Hours or prorated Monthly Service Fee. You will be responsible for any and all overages at the time of the cancellation or termination. Bambuser will bill your credit card for such overages at the time of the termination or cancellation.
  4. Upon any termination your account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Premium Services and all licenses and other rights granted to you by these PB Terms will immediately cease. Bambuser will not be liable to you or any third party for termination of the Site or Premium Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR PREMIUM SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Bambuser will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to Bambuser under these PB Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

7. Disclaimer

Without limiting the terms of the Master TOS, Bambuser does not have any obligation to monitor any content on the Site, for any purpose and is not responsible for the accuracy, completeness, appropriateness or legality of such content or anything said, depicted or written by a Broadcaster during or in connection with the Content. Further, the views and opinions expressed by the Broadcaster or any other contributors to the Content are those of the Broadcaster and any other contributor and do not necessarily reflect the views or opinions of Bambuser. The provision of access to or viewing of the Content is not an endorsement of the content and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bambuser with respect thereto. YOUR PURCHASE OF A PREMIUM SERVICE AND YOUR ACCESS TO AND VIEWING OF THE PROGRAM (INCLUDING ANY CONTENT THEREIN) IS AT YOUR SOLE DISCRETION AND RISK. ACCESS TO THE CONTENT, THE SITE AND SERVICES AND ALL CONTENT OR INFORMATION INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. BAMBUSER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE CONTENT, THE SITE, PREMIUM SERVICE AND ALL CONTENT OR INFORMATION INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. BAMBUSER DISCLAIMS ANY WARRANTIES: (I) REGARDING THE ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PROGRAM; OR (II) THAT THE PROGRAM AND YOUR ACCESS THERETO WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAMBUSER, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE PURCHASE TERMS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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