End User Licensing Agreement

Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using any
Digital Streams Media (“Digital Streams Media”) mobile application (“Mobile App”), which allows You to access Digital
Streams Media’s internet-delivered service (“Subscription Service”) from Your mobile device.

This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Digital Streams Media (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App.

Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Subscription Agreement”). With respect to the use of the Mobile App, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App.

  1. License. Digital Streams Media grants You a revocable, non-exclusive, non-transferable, limited license to
    download, install, and use the Mobile App for Your personal and internal business purposes strictly in
    accordance with this EULA and the Subscription Agreement.
  2. Your Account. Your use of the Mobile App requires that You have an account with Digital Streams Media and agree
    to the terms of theSubscription Agreement.
  3. Changes to this EULA. Digital Streams Media reserves the right to modify this EULA at any time and for any
    reason. Digital Streams Media will post the most current version of this EULA at
    https://digital-streams.com/eula. If Digital Streams Media makes material changes to this EULA, You will receive
    notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the
    updated terms posted online at Digital Streams Media’s website even if these updated terms appear online at
    Digital Streams Media’s website before being posted on the Mobile App. Your continued use of the Mobile App
    after Digital Streams Media publishes notice of changes to this EULA indicates Your consent to the updated
    terms.
  4. No Included Maintenance and Support. Digital Streams Media may deploy changes, updates, or enhancements to the
    Mobile App at any time. Digital Streams Media may provide maintenance and support for the Mobile App, but has no
    obligation whatsoever to furnish such services to You and may terminate such services at any time without
    notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an
    obligation to furnish any maintenance or support services in connection with the Mobile App.
  5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Subscription
    Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or
    the Subscription Service. Your use of the Subscription Service and the Mobile App is governed by the Acceptable
    Use Policy (a current version of which can be found at https://digital-streams.com/acceptable-use-policy). You
    also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS
    users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users
    accessing the Mobile App on an Android product.
  6. Privacy. In order to operate and provide the Subscription Service and the Mobile App, Digital Streams Media may
    collect certain information about You, including technical and telemetry data related to your use of the Mobile
    App. We use third party service providers to help us collect and analyze this data, including Google Analytics.
    Digital Streams Media uses and protects that information in accordance with the Digital Streams Media Privacy
    Notice (a current version of which can be found at https://digital-streams.com/privacy).
  7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Digital
    Streams Media to send You (including via email and push notifications) information regarding the Subscription
    Service and the Mobile App, such as:

     

    1. notices about Your use of the Subscription Service and the Mobile App, including notices of violations
      of use;
    2. updates to the Subscription Service and Mobile App and new features or products; and
    3. promotional information and materials regarding Digital Streams Media’s products and services. You can
      review Your account notification settings and adjust Your messaging preferences, including opting-in to
      additional messages or unsubscribing to certain messaging through the “Push Notifications” section of
      the Mobile App settings.
  8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS
    AVAILABLE” BASIS. Digital Streams Media EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
    IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
    NON-INFRINGEMENT.
    The Mobile App is only available for supported devices and might not work on every device. Determining whether
    Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and
    downloading the Mobile App is done at Your own risk. Digital Streams Media does not represent or warrant that
    the Mobile App and Your device are compatible or that the Mobile App will work on Your device.

     

    1. iOS Application. In the event of Digital Streams Media’s failure to conform to any
      applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App.
      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION
      WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES,
      COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
    2. Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
      KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
      MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  9. Suspension and Termination of the Mobile App. Digital Streams Media reserves the right to suspend or terminate
    Your access to the Mobile App at any time based on the status of Your account under the Subscription Agreement.
    You understand that if Your account is suspended or terminated, You may no longer have access to the content
    that is stored within the Subscription Service.
  10. Intellectual Property Rights. In the event of a third party claim that the Mobile App, or Your possession and
    use of the Mobile App, infringes third party’s intellectual property rights, Digital Streams Media will be
    solely responsible for the investigation, defense, settlement and discharge of any such intellectual property
    infringement claim.
  11. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a
    United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United
    States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United
    States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of
    prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in
    any such country.
  12. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your
    Subscription Agreement.
  13. Contact Information. If You have any questions regarding this EULA, please contact Digital Streams Media by
    email at admin@digital-streams.com, by phone at +612 4238 9024, or by mail at Attn: PO Box 700 Kiama NSW 2533
    Australia.
  14. Third Party Beneficiaries. This EULA is executed between You and Digital Streams Media and not between you and
    any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought
    by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as
    applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as
    applicable, to enforce this EULA against You as a third party beneficiary thereof. Digital Streams Media is not
    responsible for any applicable third-party agreement between You and any third-party, including your wireless
    provider.
Loading...