Terms of Service

The HDW Player helps websites to embed, stream, manage, host and monetize video content to mobile devices and computers. We provide a wide range of Products in different versions for paid and free users.

You are agreeing to abide these terms by using our service; if you do not agree these terms you are prohibited to use our product & service. Please read them carefully.

Our Products / Services

Our products are provided as Publisher or User-hosted downloadable software. The usage, rights and obligation of our products are limited to the Versions as per the user’s eligibility, signed-up plan and paid fees according with these Terms of Service. Using our Products with any violation of these Terms of Service is illegal. Our previous versions of the products are subject to different agreements and do not cover these Terms of Service. All rights and licenses by these Terms of Services are reserved by the Company are not specifically given.

Eligibility to use our Product

User fails to abide these Terms of Service, exceeding their version or price level of licensed maximum limit that has set ahead and unpaid users are not eligible to use our Products. You must upgrade to an applicable higher version or price level in order to exceed your Licensed maximum limit. A user may have only one free version account each for the Dashboard Services and HDW Player. Please contact us at [email protected] if you want to be authorized for higher than a licensed maximum that is given in Dashboard or Pricing or if you would like to know about better enterprise licenses.

User License Terms

Subject to the user adherence and terms & conditions of these terms of service, HDW Player hereby gives to user and user hereby agrees a fixed, non-sublicensable, inclusive, restricted license and rights to access, use, incorporate and install the Licensed Programs in all supported formats and media. User solely get the granted licenses for own use and shall not go beyond the valid Licensed Maximum limit for the applicable Price plan or Version set ahead on an Order Form or at ‘Pricing’. By uploading the content, user accepts to and hereby grants, warrant it has the right to award and present, royalty-free company, totally paid up, global license to use the Content in association with performance and facility of the Products.

Registration Terms

User must create a username and password with valid email address to use any of our products. Paid version users must provide true mailing address and name. User may: (1)not provide false name, address or e-mail, (2) not provide another person’s name or pretend to be other person, (3)not provide unauthorized person’s email, (4)notify us immediately of any violation of security and unauthorized use of login details and (5)make sure that you exit at the end of each session from your account. HDW Player reserves the right to solely cancel any account or decline registration. The user is responsible and liable for keeping the confidential information and all activity occurs on account.

Advertising Terms

User must purchase Enterprise version to display advertisements for our products. Users who failed to purchase are prohibited to (1) make or use Adaptation that enables the display of advertisement, (2) any software that serves advertisement with inter-function of our Products and (3) add advertisements to a playlist. Users purchased our Enterprise Version are allowed to display advertisements by using our Products, subject to agreement with all our Terms of Service and any Advertising effect restrictions set ahead on an Order Form.

Distribution Terms

Users are not permitted to distribute, sell, lease, encumber, transfer, re-license, allot or make avail for public. Any violation with these terms is invalid and your rights will be terminated automatically.

Adaptations / Revisions

Users can make reasonable Adaptations under these terms and conditions required for implementing rights to integrate our products into any properties or user’s websites. Adaptations created by users are for own use and prohibited from distributing. Our company reserves the right to prohibit any adaptation use solely.

License Key

We use Licensing key to monitor the product usage like in which URLS and internet domains you are using our products, media streamed volume via our Products, Versions of our product used by user’s, advertisement display through our products or other use of products. Removing, circumventing, modifying, disabling any Licensing key or involving with Company’s facility to track the usage of our products.

By using our Ad solution license key you are agreeing to use this for your own domains. For your clients' domains and for reselling the product you will have to pay extra as per the company's policy. Contact our support team for further details.

Termination

These Terms of Service becomes effective ahead of the user starts to use our products and remain until stops abide to this section. Company is subject to terminate these Terms of Service at any time if (1) user fails to pay fee on time, (2) any violation in these terms, (3) company has a valid reason that user is not enduring by the spirit of these terms, (4) user becomes bankruptcy or any trustee assigned, (5) company believe reasonably that user is spoiling the Company’s business, (6) user involved in directly or indirectly in a business competitive with company’s business, (7) user exceeds the permitted Licensed maximum Version limit or Price level or fails to clear any of the earlier within three days of notice. We may terminate this License for advancement on thirty days notice period. In case of any termination by the company under (1)-(7) above reasons, the company is not responsible for any refund or applies those fees to future services. If the user is switching for different version, any pre-paid balance fee is applied until spent to such version. If the company cancels for advancement or convenience, users are permitted for a pro-rata refund request of unused pre-paid fees and no refund is applicable for users switching to a Free version.

Support

HDW Player solely provides technical support and maintenance for its products. We have no obligation to offer additional maintenance, technical support, enhancements or updates to products. User is responsible for the expense of all maintenance and installation of Licensed Programs. We are not responsible for issues made by end-user’s computers low-performance, low-bandwidth of Internet connections, occasional network jamming with network providers, collapsed configuration campaigns, low-bandwidth connectivity of redirected video or image sources and from any User Content servers. If there is any issue with performance due to our system, the Company shall restore the services by reasonable commercial attempts. User’s sole remedy for supporting any failure or disruption shall cause to terminate these Terms of Service and refund of pro-rata fee paid by user.

Intellectual Property Rights

All products offered in our website are the intellectual property of the company. All patent rights, trademark and copyright are reserved and restricted. User shall get all intellectual property rights and Licensed program for any Adaptation if created. Violation of patents, copyrights, trademarks, trade secret rights of the Company or any third party is strictly prohibited for users. You shall prohibit all End Users through your website terms of service from reverse engineering, modifying and disassembling any part of the Products. You may not claim private ownership to any of our Company’s products.

User Data

User shall own all User Data and the company shall not disclose any of your Data to third parties. Your data are not used unless to provide the Services and to abide for any legal authorization. The Company reserves the unlimited, royalty-free rights and license to use your non-personally identifiable data to analyze, monitor and market the products.

Payment and Fees

Users are advised to pay all fees owed to the company on time. The company is authorized in its sole discretion to modify the Fees without notice or explanation except the Company and user involved in a separate order form governing such fee or agreement. Annual fees are billed in advance and unpaid users are strictly prohibited from using our Licensed Program. User is responsible for paying all tax due in connection with Fees. User must provide complete and accurate billing information with a valid card. The Company is authorized to charge all fees from the designated card and automatically acknowledges for the transaction without any separate permission.

Usage Restriction

User is solely liable for any content or materials that are posted, uploaded, submitted, and distributed. Users violating these Terms of Service for using the products are strictly prohibited. Illegal are contents that (1) is invasive, unlawful, tortious, threatening, fraudulent, abusive, deceptive, harassing, libelous, defamatory, (2) contains any malicious code, virus, Trojan horse like program designed to damage, limit, disrupt, interfere with any function of software, hardware, telecommunication equipment or obtain or unauthorized access, data, password to any system of the Company or entity or person, (3), supports criminal activity, (4) advice falsely or involve endorsement or sponsorship by the Company, (5) User shall not attempt to interfere in the proper function of the products and any other activities of products, (6) use any spider, robot or other devices to index, scrape, retrieve, data mine to collect content or information from the products, (7) decompile, decipher, simulate, disassemble, derive algorithms or source code from the products or use any prior to create software or service alike to the products, (8) create any modified or derivative work of the products except Adaptations permitted by these Terms, (9) sell, sublicense, license, rent, encumber, distribute, transfer, lease or exploit product. Any violation with these Terms or objectionable content may get deleted after a review by the Company’s sole judgment.

User Warranty

User warrants and represents that (1) user is not under eighteen years old, (2) if user is an entity, its acceptance to these Terms has been duly approved, (3) all the content abide by the standards set out in the “Usage Restriction” section, (4) all information entered while registration is accurate and true.

Restricted Product Warranty

The Company warrants for providing Pro, Premium, Ads (Enterprise) and free Version products with extensive industry standards appropriately to the condition. The Company does not warrant for error-free Products or correcting any errors in the Products.

DISCLAIMER

EXCEPT AS OTHERWISE PROVIDED AND TO THE GREATEST SCOPE PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED ON AS THE WAY IT IS, WITHOUT WARRANTIES OR ANY KIND OF CONDITIONS, EITHER MEANT OR CONVEYED, INCLUDING, WITHOUT RESTRICTION, TITLE CONDITIONS OR WARRANTIES, THIRD PARTY’S NON-INFRINGEMENT RIGHTS, PARTICULAR FITNESS OR COMMERCIAL ABILITY. EXCEPT AS OTHERWISE PROVIDED, USING THE PRODUCTS AT USER’S OWN RISK AND USER IS ONLY RESPONSIBLE FOR DECIDING THE RELEVANCE OF APPLYING THE RIGHTS PROVIDED UNDER THIS AGREEMENT AND GUESS ALL RISKS COMBINED THEREWITH. PROGRAM ERRORS RISKS AND COSTS INCLUDED BUT NOT RESTRICTED, AGREEMENT WITH APPLICABLE LAWS, LOSS OR DAMAGE OF DATA PROGRAMS OR TOOLS, INTERRUPTION OR UNAVAILABILITY AND APPROPRIATENESS FOR HOSTING.

RESTRICTION OF LIABILITY

EXCEPT TO THE EXTENT BY LIMITATION OF ITS LIABILITY IS INVALID OR REQUIRED BY APPLICABLE LAW, UNENFORCEABLE OR PROHIBITED, THE COMPANY IS NOT LIABLE TO ANY THEORY OF LEGAL (1) FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ILLUSTRATIVE DAMAGES INCLUDING LOSS OF PROFITS, GOODWILL OR REVENUE, (2) ANY REASONABLE BEYOND CONTROL, (3) INACCURACY OR ANY LOSS OF DATA, INTERRUPTION OR LOSS OF USER, OR COST OF OBTAINING SUBSTITUTE TECHNOLOGY, OR (4) EXPRESS DAMAGES IN EXTRA OF THE USER’S TOTAL PAID FEES BY USER TO THE COMPANY AGREEABLE TO THESE TERMS, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED TO THE COMPANY. THESE LIMITATIONS ARE FREE FROM ALL OTHER NECESSITIES OF THIS AGREEMENT AND APPLIES ALTHOUGH THE FAILURE OF ANY REPAIR OFFERED HEREIN.

Indemnity

Except as otherwise mentioned in these Terms of Service, the user will protect, indemnify and hold risk-free the Company from all claims, including resulting losses such as attorney’s fees in whole or part, relevant to any User Adaptation or arise from User’s usage, reproduction or duplication or exploitation or Distribution of the Products. The user will pay all agreed amount in a financial settlement of the Claims including all resulted losses and claims raised. Despite the foregoing, User never defends or indemnify the Company from Claims which mainly claim that the Licensed Program, as granted to the User by the Company and used with the terms hereof, patent, trademark rights, infringes the copyright of a third party.

Private Information

Every User acknowledges for having access to specific private or confidential information of the other party relating to business, customers, plans, products, technology and other information kept confidential. All tangible and intangible data are selected as confidential under the situation of its disclosure. All user agrees not to use other party’s Confidential Information for own or the account of any third party, apart from specifically allowed by, or essential to complete the objective of these Terms of Service nor disclose to any third party except needed by law or to other party’s accountants, attorneys and other advisors. User must take valid safety measures strictly to protect the confidential information. If these Terms of Service are expired or terminated for any reason, each user must return or destroy all confidential information, documents or media and all copies or any extracts of the other party on their request.

Entire Agreement

These Terms of Service comprise the complete agreement between User and the Company in accordance with the subject matter and substitutes all prior or simultaneous agreements or understandings, oral or written, about the subject matter.

Changes

At the Company’s sole discretion these Terms of Service may be modified and such changes become effective and obligatory on User on the first date on which they are situated to the Company’s public website or send to the User via physical delivery or email. The Company solely has the right to amend or modify these Terms of Service.

Waiver of Violation

No provision or conditions of these Terms of Service are estimated as waived nor violation excused, apart from such waiver or acceptance shall be signed by the Company in writing. Any waiver of or consent by the Company, a violation by User if implied or conveyed, shall not comprise a waiver of, consent to, or excuse for, any breach or any subsequent violation, except expressly offered by the Company.

Last updated:August 12, 2016

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