Date of first release: 18-06-2023
This Agreement to Terms ("Agreement") governs your use of the live streaming software ("Software") offered by the Company and is a legal agreement between you ("User" or "you") and Turiyatita Technologies Private Limited ("Company" or "we" or "us"). You declare that you have read, comprehended, and agree to be bound by this Agreement by using the Software. You are not permitted to use the Software if you disagree with any part of this Agreement.
Users can broadcast live videos over the internet using the Yostream platform, which is a browser based live streaming service. The Service offers alternatives for social sharing as well as chat functionality and video streaming.
Your use of Yostream and any content you transmit through our Service are your entire responsibility. You acknowledge that when using Yostream, you must abide by all applicable rules and laws.
You hereby promise to refrain from performing any of the following actions:
4.1 Copyright, trademark, and other intellectual property laws protect Yostream and the Service, as well as any content, features, and functions. We or our licensors are the exclusive owners of all intellectual property rights in the Yostream.
4.2. You are given a restricted, non-exclusive, and non-transferable license to use Yostream for non-commercial, personal purposes. This license does not permit you to modify, distribute, sell, or create derivative works based on Yostream.
5.1. You maintain ownership of any content you transmit using our Service. However, for the sole purpose of delivering the Service, you hereby grant us a non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
5.2. You affirm and warrant that the content you transmit through our Service is both free of infringements of third parties' rights and that you have the required rights and licenses to do so.
Your personal information is collected, used, and disclosed in accordance with our Privacy Policy. You agree to the collection, use, and disclosure of your personal information as set forth in our Privacy Policy by using Yostream or using our Service.
7.1 Yostream and its service are offered "as is" and "as available". Regarding Yostream's dependability, availability, or fitness for your specific purpose, we make no promises, either expressed or implied.
7.2 We make no promises on the timeliness, accuracy, or completeness of any content transmitted through our service. You are aware of this and accept that you use Yostream at your own risk.
8.1. Any indirect, incidental, special, consequential, or punitive damages resulting from the use of or relating to the inability to use Yostream or the Service are expressly disclaimed by us, our affiliates, partners, directors, officers, employees, agents, or licensors. This includes, but is not restricted to, losses in goodwill, profits, data, or other intangible losses brought on by:
8.2. No amount paid by you, if any, for accessing or using Yostream during the three (3) months prior to the claim shall, to the fullest extent permitted by applicable law, constitute the extent of our total liability to you for any damages arising out of or related to Yostream, whether in contract, tort (including negligence), or otherwise.
8.3 To the fullest extent permissible by law in the relevant jurisdiction, the liability restrictions outlined in this section shall apply.
You acknowledge that you will defend, indemnify, and hold us, our affiliates, partners, directors, officers, employees, agents, and licensors harmless from and against any and all claims, demands, losses, liabilities, and costs (including reasonable attorneys' fees) resulting from or connected with:
10.1. For any reason, including without limitation if you violate these Terms, we have the right to immediately cancel or suspend your access to Yostream without prior warning or liability.
10.2 If your account is terminated, your right to use Yostream will also end immediately, and you must stop using it altogether.
11.1. Without respect to the conflict of law requirements of the jurisdiction, the laws of the jurisdiction shall govern these Terms and their interpretation.
11.2 You agree to submit to the personal jurisdiction and venue of the courts of Jurisdiction in any legal action or proceeding arising out of or pertaining to these Terms or the use of Yostream.
If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be deemed superseded by a valid, enforceable provision that most closely matches the original provision's intentions, and the remaining provisions shall remain in full force and effect.
These Terms supersede any earlier agreements or understandings, whether oral or written, regarding your use of Yostream, and constitute the complete agreement between you and us in that regard.