EMEETSTREAM Terms of Service Agreement
Updated September 2022
Welcome to the “EMEETSTREAM” software and related services!
If you are a minor in your country or jurisdiction, please read and fully understand this Agreement with a legal guardian and obtain the consent of your legal guardian to use the EMEETSTREAM software and related services.
2. The Basic Content of the Agreement
2.1 This is an agreement between the User and EMEET regarding its use of EMEETSTREAM products and services. “EMEET” means EMEET INNOVATIONS (US) INC, with registered office at 100 N HOWARD ST STE R, SPOKANE, WA,99201-0508, UNITED STATES. Hereinafter referred to as “ EMEET” “we” or “us”. “User” means the user of EMEETSTREAM products and services, more commonly referred to as “you” in this Agreement. If you are using our Services on behalf of a corporation, organization, partnership, etc., you should warrant that you are authorized to do so and have the right to cause your organization to be bound by this Agreement. In this case, “you” refers to both the organization and each natural person who has access to the organization's account.
2.2 We have the right to arrange or designate affiliates or successor companies to continue to operate the EMEETSTREAM software at our sole discretion, depending on the needs of the EMEETSTREAM software and related services or operations.
2.5 The content of this Agreement will be updated from time to time, we will issue an updated version in EMEETSTREAM and remind you of the updated terms and conditions before they take effect by our official website announcements or in other appropriate ways to remind you of the updated content, you can also check the latest version of the agreement terms on the website page or software settings page. If you continue to use our services, you will be deemed to have accepted any revised version of this Agreement.
2.6 This Agreement is effective from the time you first use our Services and continues for as long as you use our Services or retain our application (“App”) in your terminal device. EMEET may terminate this Agreement at any time by sending 30 days prior written notice. You may also terminate this Agreement at any time by uninstalling our application.
3. Our Products and Services
3.1 Our products and services refer to the use of EMEETSTREAM software to provide AI intelligent director and multi-camera function services to users, which can add unlimited streaming EMEET cameras to facilitate users to record HD video and live broadcast on multiple platforms. We provide related services through our website and our App (EMEETSTREAM).
3.2 Subject to the terms of this Agreement, we grant you a revocable, non-transferable, non-exclusive legal right to use the EMEETSTREAM software and related services, which includes the right to stream live video, and you have the right to use our software for streaming and to use other features associated with it.
3.3 The features that you use may change from time to time. Some of the services we provide are based on the integrated use of third party platforms, and if a change in Terms of Service occurs on a third party platform, the features we provide will change accordingly.
3.4 For better user experience and services, we will provide updates or changes to the “EMEETSTREAM” software and related services from time to time, we will prompt you in an appropriate manner, you can choose whether to update the corresponding version according to your needs, if you choose not to make updates, some functions of the “EMEETSTREAM” software and related services will be limited. If you choose not to update, some of the functions of the “EMEETSTREAM” software and related services will be limited.
3.5 The content of specific services available to users in different regions may vary due to business strategy arrangements or adjustments, etc., and the details are subject to what we actually provide.
3.6 With respect to our App for iOS only, Apple, Inc. (“Apple”) is not a party to these terms as agreed between EMEET and you in this Agreement, and EMEET, not Apple, is responsible for performing all obligations related to the operation of our iOS App. Apple is not responsible for us or our content, and is not obligated to provide any maintenance or support services in connection with us. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligations to us.
4. User Personal Information Protection
We are committed to protecting your personal information together with you.
5. Third Party Related Content
5.1 Our App may allow you to stream in real time through third party platforms. Your use of these platforms is subject to the Terms of Service of the respective platforms and we make no representations or warranties with respect to such services. Except as expressly provided in this Agreement, nothing in this Agreement grants any rights to any third party.
5.2 In addition to complying with this Agreement, you may also be required to agree to and comply with the agreements and related rules of third parties. Any dispute, loss or damage arising from the third party platforms and related services shall be resolved by you and the third party, and we shall not be liable to you or any third party in respect thereof.
5.3 If you violate the provisions of this Agreement or other Terms of Service and cause a third party to file a complaint or litigation claim, you shall handle it yourself and bear all legal responsibilities that may arise from it. If we and our affiliates, control companies, or successor companies pay compensation to any third party or suffer punishment from state authorities as a result of your violation of law or contract, you shall also compensate us and our affiliates, control companies, or successor companies in full for all losses suffered as a result.
6. Licenses Granted by You
6.1 In order to allow EMEETSTREAM to stream your video content, you may grant us the permissions set forth below:
(1) Stream the video to end users;
(2) Embed the video on third-party websites;
(3) Distribute the video via our APIs;
(4) Store the video from the device side to your local;
(5) Transcode the video;
(6) Create compressed versions of your video file that are optimized for streaming;
(7) Generate stills (i.e., a “thumbnails”) from your video to present it (if you have not selected one yet).
6.2 The licenses granted by you in Section 6.1 shall have the scope of:
(1) are non-exclusive, worldwide and royalty-free;
(2) include all necessary rights to use, reproduce, distribute, publicly perform and display the licensed work for the purpose of dissemination;
(3) include other permissions necessary to permit us to exercise our rights and perform our obligations;
(4) You waive any so-called “moral rights” that you may have.
7. Intellectual Property Statement
7.1 The intellectual property rights in the content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, graphics, layouts, electronic files, etc.) that we provide in our products and services are owned by EMEET. The copyrights, patents and other intellectual property rights of the software on which EMEETSTREAM and related services are provided are owned by EMEET, which provides technical support for the development and operation of EMEETSTREAM and enjoys all rights to all data and information generated in the course of the development and operation of EMEETSTREAM software and related services to the extent permitted by applicable law. No one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading, downloading) the content of the EMEETSTREAM software and related services through any program or device without the permission of EMEET.
7.2 We may allow you to upload, live stream, submit, and post content (including, but not limited to, text, images, video, audio, and all other forms of content and all components of music, sound, lines, visual design, etc. contained therein). You must ensure that your content and conduct comply with the policies set forth in Section 6 of this Agreement. Regardless of your privacy settings, EMEET has the right, but not the obligation, to monitor your content and conduct. We will take all appropriate measures to enforce our rights, including but not limited to removing or suspending the transmission of specific content.
7.3 You understand and undertake that your content is original to you or has been legally licensed (including sub-licensed). The intellectual property rights in the content generated by your use of our Services belong to the user or the relevant rights holder, unless you have agreed otherwise with EMEET.
7.4 Copyright Infringement - Digital Millennium Copyright Act Notices and Counter-Notices
The Digital Millennium Copyright Act (“DMCA”) is a U.S. copyright law that exempts online service providers from copyright infringement liability if they promptly remove inappropriate content after being notified of alleged infringement by the copyright owner or its designated agent with respect to the content.
If you believe that the content provided by the EMEET online service infringes your rights, you can send a takedown notice to EMEET by e-mail. When you submit any request, please make sure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.
If the content does infringe the copyright of a third party, EMEET will promptly remove the material in accordance with the DMCA.
If a copyright owner believes that its copyrighted work has been infringed without consent, your DMCA takedown notice must contain the following information, and the copyright owner or designated agent must:
(1) Provide an electronic or physical signature;
(2) Provide a description of the copyrighted work that you claim has been infringed;
(3) Indicate the network location of the copyright infringing work;
(4) Provide contact information (name, address, phone number and e-mail address);
(5) State that you have a good faith that the infringing use is not authorized by the copyright owner, its designated agent, or the law;
(6) Declare that the information in the notice is correct and that the sender of the notice is the copyright owner or authorized to act on the copyright owner’s behalf. Under penalty of perjury, if false.
EMEET may disclose information about copyright takedown notices to affected users and relevant information processing partners.
The copyright owner or its designated agent who wrongly claims copyright infringement may be liable for damages (resulting from the takedown of or disabling of access to the copyrighted work).
Copyright Infringement Counter Notice
If you receive a notice of copyright infringement and challenge the resulting treatment of the content, you may file a counter-notice of copyright infringement, which must contain the following information:
(1) Provide a physical or electronic signature;
(2) Indicate the copyrighted content that has been removed or access to which has been disabled and where it was located before it was removed or access to it was disabled;
(3) Declare that you are convinced that copyrighted content has been removed or access to it has been disabled due to misjudgment or misidentification. Under penalty of perjury, if false;
(4) Provide your name, address, telephone number and e-mail address;
(5) A statement that you submit to the decision of the federal district court in your location;
(6) Acceptation of the legal documents of law.
You can submit a notification via e-mail to submit this notice.
EMEET will forward any complete counter-notice to the party that submitted the notice of copyright infringement. Copyright owners may choose to file a copyright infringement lawsuit against the user who is alleged to have infringed. If we do not receive notice of such a lawsuit within ten business days of providing your counter-notice, the copyrighted content that was removed or access to which was disabled will be restored or allowed. Until then, your content will remain in a removed state.
8. User Code of Conduct
8.1 Content restrictions
You may not submit the following content, nor may you facilitate the production, reproduction, distribution, dissemination of information or engage in conduct related to the following content:
(1) Those who promote terrorism, extremism;
(2) Disseminating or spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;
(3) Hate, defame, insult, discriminate against any individual, group or corporation, or engage in related acts of incitement;
(4) Intimidating and threatening others with violence and implementing human flesh search;
(5) Those involving the privacy, personal information or data of others;
(6) Infringement of the privacy, reputation, portrait rights, intellectual property rights and other legal rights content of others;
(7) Those who disseminate fraudulent commercial information or propose illegal transactions;
(8) Damage to the legitimate rights and interests of minors or damage to the physical and mental health of minors;
(9) Without the permission of others, clandestine photography, clandestine recording of others, infringing on the legal rights of others;
(10) Containing terrorist, violent and bloody, high-risk, hazardous to the performer's own or others' physical and mental health content;
(11) That infringe the copyright or other rights of any third party;
(12) Prohibited by relevant laws and regulations or this Agreement, related agreements, rules, etc.
8.2 Code of conduct
You are responsible for your use of the EMEETSTREAM software and related services and, except as permitted by law or with our prior written permission, you shall not use the EMEETSTREAM software and related services in a manner that:
(1) Reverse engineering, reverse assembling, reverse compiling, or otherwise attempting to discover the source code of software;
(2) Removal of information about the copyright on the software and its copies;
(3) To change, archive any part of our services;
(4) Attempt to circumvent any of our security, rate limiting or digital rights management measures;
(5) Submission of any malicious programs, scripts or code;
(6) Submitting an unreasonable number of requests to our service period;
(7) Copy, modify, add, delete, hook up to run or create any derivative works of the software or the data released into the memory of any terminal during the operation of the software, the data of the interaction between the client and the server during the operation of the software, and the system data necessary for the operation of the software;
(8) Attempting to interfere with or disrupt the normal operation of the EMEETSTREAM system, intentionally spreading malicious programs or viruses, and other acts that disrupt and interfere with normal network information services;
(9) Take any other action to manipulate, interfere with, or impair our services.
9. Violation Processing
9.1 If you violate relevant laws and regulations or this Agreement in the process of using our services, relevant state authorities or institutions may file lawsuits, impose fines or take other sanctions against you and request EMEET to give assistance. You shall bear full responsibility for any damage caused to you or others as a result, and EMEET shall not bear any responsibility.
9.2 If you violate this Agreement, EMEET has the right to make independent judgment and take corresponding measures, including but not limited to deleting, blocking relevant contents or disconnecting through technical means. At the same time, EMEET has the right to take measures including but not limited to suspending or terminating the service to you and pursuing legal responsibility, depending on the nature of the user's behavior.
9.3 You shall be independently liable for any loss incurred by any subject as a result of your breach of this Agreement, and you shall also indemnify EMEET for any loss suffered as a result.
9.4 You should comply with relevant local laws and regulations and respect local morals and customs in the process of using our services. If you act in violation of local laws and regulations or to the customs, you shall be independently responsible for this.
9.5 You should avoid causing EMEET to violate laws and regulations or be involved in political and public events by using EMEETSTREAM products and services, otherwise EMEET has the right to suspend or terminate its services to you.
10. Changes, Interruptions and Termination of Services
10.1 You understand and agree that EMEET may make changes to the content of the Terms of Services and may discontinue, suspend or terminate the Services based on adjustments to its business strategy.
10.2 You should be aware that our Services are provided as current as the technology and conditions are capable of achieving. We will do our best to ensure the continuity and security of the Services, but we cannot always foresee and protect against legal, technical and other risks, and we disclaim liability for such risks to the extent permitted by law, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, third party service defects, governmental actions and other possible causes of service interruption, data loss and other losses and risks.
10.3 EMEET reserves the right to interrupt or suspend the provision of the Services to you without notice if any of the following circumstances occur:
(1) You violate the provisions of relevant laws and regulations or violate this Agreement;
(2) In accordance with the provisions of laws and regulations, the judicial authorities or the requirements of the competent authorities;
(3) For security reasons or other necessary circumstances.
11.1 You should understand that you are required to prepare your own terminal devices (such as a computer, mobile terminal and the necessary network access equipment and other devices) to use our Services.
11.2 You understand and agree that in the course of using our services, you may encounter risks arising from network information or the actions of third party platform users, and EMEET is not responsible for the authenticity, suitability, or legality of any information, nor for any damage caused to you by infringement. These risks include, but are not limited to:
(1) Information containing threatening, defamatory, offensive or unlawful content from another person, either anonymously or by impersonation;
(2) Suffering any psychological or physical injury, as well as moral damage, caused or likely to be caused by misleading, deceptive or otherwise by others;
(3) Other risks arising from network information or user behavior.
11.3 Except as expressly agreed or required by applicable law, EMEET makes no representations or warranties with respect to:
That our services or any part of them are available or permitted to be used in the jurisdiction to which you belong, or are uninterrupted or error-free, or can be accessed from all devices and browsers;
Any geo-filtering or digital rights management solutions we may provide will be effective;
Our services will meet your business or professional needs;
We will continue to support any particular feature or maintain compatibility with any third party in the future, or retain any third party resources.
11.4 You understand and agree that in the course of applying the EMEETSTREAM software and related services, you may encounter risk factors such as force majeure. Force majeure refers to objective events that cannot be foreseen, overcome and avoided and that significantly affect one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics and storms, as well as social events such as war, unrest, governmental actions, etc. In the event of the above, we will endeavor to repair and promptly address the situation at the first opportunity, but we will be exempt from liability for suspension, suspension, termination of service or any loss caused by force majeure to the extent permitted by applicable law.
11.5 You understand and agree that, to the extent permitted by applicable law, EMEET shall not be liable for any interruptions or disruptions of service resulting from:
(1) Damage by computer viruses, Trojan horses or other malicious programs, hacker attacks;
(2) Failure of your or our computer software, systems, hardware and communication lines;
(3) Your improper operation or use of our services by means other than those authorized by us;
(4) When the program version is too low, the aging of the equipment and its compatibility problems;
(5) Other circumstances beyond EMEET's control or reasonably foreseeable.
12.1 If you are a minor in your area, you should read this Agreement and use our Services under the supervision and guidance of a guardian.
12.2 If your ward uses the EMEETSTREAM software and related services, you, as the guardian, shall direct and supervise your ward's use, and we will assume that your ward has obtained your consent if he or she downloads and uses EMEETSTREAM. If your ward does not have your permission, please contact us immediately so that we can disable access.
13. Jurisdiction and Application of Law
13.1 The laws of the State of Washington and the United States (without regard to conflict of laws) shall be used in connection with the formation, entry into force, performance, interpretation and dispute resolution of this Agreement.
13.2 If any dispute or controversy arises between you and EMEET, it shall first be settled amicably; if negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the courts in Spokane, Washington, USA. In any such proceeding, EMEET and you irrevocably waive any right to a jury trial.
14.1 The terms of this Agreement shall be partially invalid or unenforceable for whatever reason, and the remaining terms shall remain valid and binding on the Parties.
14.2 If there are multiple language versions of this Agreement, such as Chinese and English, and there are corresponding contents, the contents expressed in Chinese shall prevail in the event of any difference in the understanding of the contents of the different language versions.
14.3 You and we are independent parties and in no event shall this Agreement constitute an express or implied warranty or condition of any kind on our part to you, nor shall it constitute an agency, partnership, joint venture or employment relationship between the parties.
14.4 If you have comments or suggestions about this Agreement or our Services, you may contact us by e-mail contact us and we will give you the necessary assistance.