Terms of Service

Last updated: November 6, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.safestream.com website or SafeStream services (the "Service" or the “Services”) operated by Shift Media Holdings, Inc. and our affiliates (“Shift”, "us", "we", or "our"). By using the Services (as defined below) you (“Customer or “you”) accept the terms of these Terms of Service (“Agreement”) and agree with Shift as follows:

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you will be charged for such Services as set forth in the Order Form you execute with us, or pursuant to the billing and payment information for your account if you Purchase Services through our website, for the term (the “Term”) as set forth therein (“Subscription”).   

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order or suspend Service, without notice, if failed payment, fraud, infringement of third party intellectual, publicity or privacy rights or an unauthorized or illegal transaction is alleged or suspected, or to protect SHIFT’s personnel, facilities or services.  

At the end of each Term, your Subscription will automatically renew under the exact same terms and conditions unless you cancel it or Shift cancels it, except as otherwise provided in your Order Form, if applicable. You may cancel your Subscription renewal either through your online account management page or by contacting Shift customer support team.

A valid payment method, including credit card, is required to process the payment for your Purchase. You shall provide Shift with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Shift to charge all Subscription fees incurred through your account to any such payment instruments. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) you provide to us in connection with any Purchase, and that (ii) the information you supply to us is true, accurate and complete.  All fees are stated as US dollars. You are responsible for paying all applicable fees in connection with the use of the Service and any and all taxes and additional charges relating thereto. Should automatic billing fail to occur for any reason, Shift will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Shift, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time or a defined quantity of product usage such as minutes or views ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Shift until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

 

Fee Changes

Shift in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions or per-use fees such as minutes or views for the Purchases. Any Subscription or Purchase fee change will become effective at the end of the then-current Subscription.

Your continued use of the Service after the Subscription or Purchase fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except where required by law, all Subscription or Purchase fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

Customer represents and warrants that it has all rights and licenses necessary to upload its content via the Services and to permit Shift to store, process and transmit such content pursuant to this Agreement. Customer is solely responsible for any and all content that it uploads or processes through the Services and shall comply with all acceptable use policies or other content guidelines promulgated by Shift from time to time and. Shift shall have no obligation to monitor such content, and the acceptance or processing of any content via the Services shall not be construed as Shift’s approval of any particular content. Shift may, but has no obligation to, remove files (i) containing content that, in our reasonable opinion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violate, or are become subject to a claim that such content violates, any party's intellectual property rights or rights of privacy or publicity or (ii) if necessary to protect the rights of Shift or any third party.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmc@safestream.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at dmc@safestream.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Shift and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shift.

Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Shift.

Shift. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Shift shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

Customer shall indemnify, defend and hold harmless Shift and its affiliates, employees, directors, officers, representatives, subcontractors, interconnection service providers, suppliers and agents (“Indemnified Parties”) from and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses, including, without limitation, interest, penalties and reasonable attorneys’ fees and disbursements (collectively, “Claims”), to the extent any such Claim is asserted by a third party against any Indemnified Party, directly or indirectly, by reason of or resulting from any Customer failure to perform an obligation under this Agreement or any action or inaction of Customer or its employees or agents that is illegal or constitutes negligence or intentional misconduct, or as a result of: (a) claims for libel, slander, infringement of copyright or unauthorized use of trademark, logo, trade name or service mark arising out of use of any service; (b) claims for patent or copyright infringement arising from using Shift’s Services; (c) claims for damage to property and/or personal injuries (including death) arising out of the negligence or willful act or omission of Customer; and (d) claims that the content (including its receipt, possession, transmission or processing under this Agreement), or the actions of Customer violate any law or regulation, any privacy rights of a third party, or any acceptable use policies or other content guidelines promulgated by Shift from time to time.

Limitation Of Liability

In no event shall Shift nor its directors, employees, partners, agents, suppliers, subsidiaries, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Shift and its subsidiaries, affiliates, suppliers, agents and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any dispute arising out of any such act or contract shall be within the exclusive jurisdiction of the Courts of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shift, without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Contact Us

If you have any questions about these Terms, please contact us at help@safestream.com.