terms of service

legal documentation

Last updated: July 18, 2008

1. ACCEPTANCE OF TERMS

This website is owned by RAYV Inc. ("RAYV"). By accessing or using this website (the "Website") including using or downloading materials, software or services available on the Website, you agree to and are bound by the terms and conditions set forth in this document and any changes thereto that RayV may publish from time to time (collectively, the "Terms of Use"). By accessing and using this Website and any software and services available herein, you further agree to and are bound by the Privacy Policy of this Website. If you breach any of the Terms of Use, your authorization to access or use this Website and any software or services offered herein, automatically terminates.

RAYV reserves the right to update and change these Terms of Use from time to time at its sole discretion.RAYV will make reasonable efforts to include notices regarding any such updates or changes to the Terms of Use. Your continued access or use of the Website, or any software or services, constitutes your acceptance of the changes.

Please note that this Website is intended for use by broadcasters and other visitors who wish to obtain a license to RayV's broadcaster software or viewer software ("Software") and/or services ("Services") offered on our Website. In order to use the Software you will be required to accept terms of the applicable End User License Agreement (made available when downloading the Software). To the extent that any of these Terms of Use conflict with the terms of the End User License Agreement or with any other written (including electronic) agreement between you and RAYV, regarding the use of the Software, specific Services on the Website or Linked Websites, or other specific products and services (including end user licenses, viewer licenses, specific terms of use, or privacy disclosures) (collectively, “Product Agreements”), the terms of the Product Agreements shall govern.

2. DESCRIPTION OF SERVICE

RayV's service enables you through the Broadcaster Software to (i) broadcast and distribute Content as defined below, including live digital media content or pre-generated digital media content, yours and/or of your content providers to be viewed by end users ("Viewer(s)") on-line via an internet website of your choice ("Internet"); and (ii) to distribute RAYV's viewer software ("Viewer Software") to your Viewers for sole purpose of viewing the Content that you broadcast by means of the Broadcaster Software.

AT THIS STAGE THE SERVICE IS PROVIDED AS BETA AND THEREFORE WILL NOT BE FULLY AVAILABLE AS POST-BETA RELEASED PRODUCT/SERVICE.

3. END USER LICENSE AGREEMENT

Broadcaster EULA. The use of the Broadcaster Software is conditioned upon your acceptance of the terms and conditions set forth in the end user license agreement available for your review upon download of the Broadcaster Software and on this link ("EULA"). Except for the license granted under the EULA, RayV reserves all rights in the Broadcaster Software. RayV and/or its licensors own the title, copyright, and all other intellectual property rights in the Broadcaster Software.
Viewer EULA. Any Content broadcasted by means of the Broadcaster Software may be viewed solely by means of RAYV's viewer software available for download from RAYV's website ("Viewer Software"). All Viewers shall be required to download and install the Viewer Software, subject to acceptance of RAYV's Viewer (end user) License Agreement set forth on this link ("Viewer EULA"), and downloaded upon installation of each Viewer Software. No Viewer shall be allowed to install the Viewer Software, without acceptance of the Viewer EULA.

You will not disassemble, decompile, or reverse engineer, the Broadcaster Software and/or the Viewer Software and/or any part thereof.

4. USER ID

When you download the Software you will be required to register as user and provide your name, e-mail address, country of residence and an indication if you are older than 18 years of age (collectively, "User Information").

In registering as a user, you represent and warrant that you are of legal age to form a binding contract, and agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and promptly update the information to ensure that it remains accurate, current, and complete. If you provide any information that RayV believes to be inaccurate, not current, or incomplete, or if you select a User ID that RayV, in its sole discretion, finds offensive or inappropriate, RayV has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

You agree to (a) keep your password confidential and to only log in with your User ID and password, (b) ensure that you exit from your account at the end of each session, and (c) immediately notify RayV of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. RayV will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge that the availability of the Service is depended upon external factors such as internet service providers and internet network availability and RAYV cannot guaranty 100% availability of the Service. In addition to the disclaimers set forth in these Terms of Use, RAYV shall not be liable to any damages arising from unavailability of the Service including without limitation damages in connection with your User ID details or loss thereof or your inability to use, restore or reassign such User ID under your name.

5. BROADCASTING NETWORK

Your Broadcasting Network will be subject to completion of specific registry process, which shall require provision of information regarding the broadcasting such as the broadcasting category, time schedule, the Viewers' network (open to the public or for close community) ("Viewers Network") and the advertisements insertion policy (under which you may elect to broadcast content free of advertisements).You undertake that any and all information provided and set by you at the registry phase ("Registered Information") shall be true and updated. Following our confirmation of your registry you will be authorized to download our Broadcaster Software using your assigned User ID and password and then be granted access to broadcasting ("Broadcasting Channel"). Only such Viewers in the Viewers Network with a valid User ID and password shall be able to watch your broadcasting through the Broadcasting Channel and through use of the Viewer Software.

You shall maintain and promptly update the Registered Information and ensure that it remains accurate, current, and complete. Notwithstanding the foregoing, RayV reserves the right to suspend and/or terminate your Broadcasting Channel at its discretion in the following events: (i) If you provide any information that RayV believes to be inaccurate, not current, or incomplete, or (ii) if you select a category or broadcasting content that RayV finds, in its sole discretion, illegal, offensive or inappropriate, or (iii) if you are in breach of these Terms of Use or of the applicable EULA.

You are fully responsible for all activities that occur under your Broadcasting Channel. RayV will not be liable for any loss or damage arising from your failure to comply with this Section.

6. RAYV PRIVACY POLICY

Our Privacy Policy explains our online information practices and the how your information is collected and used.

7. CONTENT

Any and all information, data, text, scripts, software, images, music, sounds, photographs, graphics, video, movies, messages, goods, products, services, advertisements or other materials and the trademarks, service marks, and logos contained therein made available through your Broadcasting Channel (whether yours or of third party) (collectively, the "Content") are at your sole responsibility. RayV does not screen any content and is not responsible for any Content broadcasted, posted, displayed, transmitted or otherwise distributed (collectively "Broadcasted") by you or by any user. RayV cannot guarantee the truthfulness, authenticity, quality or accuracy of said Content. THIS MEANS THAT YOU, AND NOT RAYV, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT BROADCASTED BY YOU. FURTHERMORE, IT IS YOUR RESPONSIBILITY TO ASCERTAIN WHETHER ANY COPYRIGHT, PATENT OR OTHER LICENSES PERMITS, GOVERNMENTAL AUTHORIZATION OR OTHER CLEARANCES ARE NECESSARY AND TO OBTAIN ANY PERMITS AND LICENSES TO SUCH MEDIA, CONTENT AND THE BROADCASTING THEREOF VIA THE INTERNET. You undertake to use the Broadcaster Software only for broadcasting and/or displaying Content in accordance with all applicable laws and only to the extent you have right, license and/or other permission to broadcast and/or display such Content.

UNDER NO CIRCUMSTANCES WILL RAYV BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT BROADCASTED, VIA RAYV'S SERVICES.

Without derogating from the foregoing disclaimer, RayV reserves the right to investigate any claims of misuse of its Service, intellectual property infringement and to protect its assets.

8. USER CONDUCT

You agree that your use of the Service and the Broadcaster Software must comply with all applicable local, state, national, and international laws, and that you will not use the Service and/or the Software for any illegal purpose and/or for broadcasting illegal content or content that you are not permitted or licensed to broadcast. You further agree to refrain from doing, broadcasting, posting, transmitting, or displaying the following:

(a) materials containing obscene or pornographic content;
(b) Content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortuous, vulgar, libelous, invasive of another's privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, Content that promotes racism, or hatred, as well as other Content that is racially or ethnically objectionable;
(c) Content that exploits children or otherwise harms minors;
(d) Content, including but not limited to tags/links placed on such user Content, that infringes upon any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right of a third party unless you have the permission from the rightful owner to post the Content and to grant RayV all of the license rights granted herein;
(e) material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, cracker utilities, and software used for game emulation;
(f) interfering with or disrupting the Service and/or the servers or networks connected to the Service or to other users of the Service or circumventing, disabling or interfering with security features on the RayV Website;
(g) unsolicited advertisements or advertisements in Content identified as advertisements free, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes";
(h) stalking or otherwise harassing another person;
(i) impersonating any person or entity, including, but not limited to, a RayV employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(j) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Service;
(k) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(l) violating any applicable local, state, national or international law, and any applicable regulations;
(m) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; and/or
(n) offering for sale or selling any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations.
(o) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including without limitations spyware, trojan horse, malicious code, time-bomb etc. In addition, you agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or other similar systems, that access the video, television, film or other digital media Content through RayV Website or performing automated registration to the Website in a manner that sends more request messages to the RayV servers in a given period of time than a human user can reasonably produce in the same period by using a conventional web browser, or automatically records the content of channels in a given period of time than a user can reasonably watch, or create automatic searches and clicks on channels links and watch marks in a given period of time than a human user can reasonably produce.

Notwithstanding the foregoing, RayV may, in its sole discretion, grant (pursuant to a written agreement acceptable to RayV) the operators of public search engines and other third parties RayV may identify from time to time permission to use spiders and other indexing devices to copy, access and index certain materials from the Website, including, without limitation, html page links, open data APIs and metadata RayV makes available from time to time, for the sole purpose of creating publicly available searchable indices of such materials or otherwise making such materials available on the Internet. RayV reserves the right to revoke these exceptions either generally or in specific cases.

You agree not to collect or harvest any personally identifiable information, including User IDs, from the Website or unauthorized personally identifiable information from Viewers.

You understand that your Content may be transmitted over various networks and changed to conform and adapt to technical requirements.

9. TERMINATION

RayV may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your User ID or Broadcasting Channel and/or remove or discard from the Service any Content associated with your User ID or Broadcasting Channel. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violating or acting inconsistently with the letter or spirit of this Terms of Use, (c) discontinuance or material modification of the Service, or (d) requests by Content owners or law enforcement or other government agencies. RayV may also in its sole discretion and at any time, discontinue providing this Website, the Broadcaster Software and/or the Service, or any part thereof, with or without notice.

10. INTELLECTUAL PROPERTY

The RAYV Service, the Broadcaster Software and the Viewer Software including all intellectual property therein are owned solely by RAYV and/or its licensors. You may not modify or use the Service or Broadcaster Software or Viewer Software for any other purpose other than as stated in these Terms of Use and in the Product Agreement (the applicable software license agreement).

RayV does not claim ownership of the Content made available through the Service. By broadcasting Content through the use of the Service, you represent and warrant that (i) you have all necessary licenses, rights, consents, and permissions to use, distribute and transmit and authorize RayV to use, distribute and transmit all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content to enable inclusion, use, display, performance and/or transmission of such Content in the manner contemplated by the Website, Service, Broadcaster Software and this Terms of Use; and (ii) you have the required consent, release, and/or permission of each and every identifiable individual person in such Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Content.

By broadcasting Content through the use of the Service, you hereby grant RayV a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, reproduce, distribute, transmit, prepare derivative works of, modify, display, publish and perform such Content on, through or in connection with the RayV Website, Broadcaster Software, Service and RayV's (and its successor's) business in any media formats and through any media channels, including without limitation, for promoting and redistributing the Broadcaster Software and RAYV Service. You also hereby grant each user of the RayV Website, Broadcaster Software, Service and business in the applicable Viewers Network, a non-exclusive right to access your Broadcasted Content through the Service. The foregoing rights granted by you terminate once you or RayV cease to broadcast your Content.

By registering as a user to the Service, you may search for and access Broadcasted Content which is available as per your User ID. You shall not use, copy, reproduce, broadcast, distribute, or otherwise exploit the Content broadcasted by other users, and not to create derivative works based on such Content, in whole or in part.

You agree not to use, copy, reproduce, transmit, broadcast, display, perform, license, modify, rent, distribute, lease, loan, sell, or exploit for any commercial purpose any portion of the Service and/or the Software, use of the Service and/or the Software, or access to the Service and/or the Software, and not to create derivative works based on the Service and/or the Software, in whole or in part.

Any material, information or idea you transmit to RayV by any means may be disseminated or used by RayV or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to our Privacy Policy.

11. NOTIFICATION AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT

RayV will take appropriate actions in response to notice of copyright infringement. If you believe that your work has been broadcasted, used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Website or the Service, 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):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv)Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section12, your DMCA notice may not be valid.

To reach RayV's Copyright Agent for Notice of claims of copyright infringement:

RayV Inc.
1545 Wilcox Avenue
Suite 200
Hollywood, CA 90028
By email: legal@rayv.com

The Copyright Agent should only be contacted if you believe that your work has been broadcasted, used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Website or the Service. The Copyright Agent will not respond to any other inquiries.

12. LINKING

The Website may contain links to third party websites that are not owned or controlled by RayV. RayV assumes no responsibility for the content, privacy policies, or other practices of any third party websites, and RayV encourages you to read the terms and conditions or other policies of such third parties prior to the use of their websites. RayV shall not be liable in any manner from your use of any third party website.

13. CONSENT TO ESTABLISHMENT OF PEER-TO-PEER CONNECTIONS

The Broadcaster Software is designed to enable "peer-to-peer" connections among users and computers for purposes of direct communication, data exchange and interaction among people and machines, with minimum involvement of central computer servers. The Broadcaster Software makes certain information about your account and computer known to other users and computers with which you interact. Peer-to-peer data exchange may occur whenever the Broadcaster Software is running on your Computer, whether or not you are active in a "shared space" or even actively using the Broadcaster Software. By using the Broadcaster Software you acknowledge and consent to the fact that the Broadcaster Software creates such peer-to-peer connections, and you agree that RAYV is not responsible for the conduct of any party (or their computers) who interacts with you or your computer as a result of your installation or use of Broadcaster Software or Service.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE, THE WEBSITE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE, THE WEBSITE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RAYV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, THE SOFTWARE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

RAYV MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE THROUGH THIS WEBSITE, THE SERVICE OR THE SOFWTARE, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE OR THAT CONTAINS A LINK TO THE SOFTWARE.

RAYV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) BROACASTING CONTENT AND/OR WATCHING THE BRADCASTED CONTENT AND/OR OTHERWISE USING THE CONTENT INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE, RESTORE OR REASSIGN ANY PERSONALIZED SETTINGS OR USER ID (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SERVICE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT BROADCASTED, POSTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE. RAYV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE CONTENT, THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RAYV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU, VIEWERS AND/OR THIRD-PARTIES.

15. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT RAYV SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAYV HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO THE WEBSITE AND/OR THE SERVICE AND/OR THE SOFTWARE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT RAYV'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT OF $10 USD.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless rayv, its employees, agents, and representatives against any claim, suit, action, or administrative proceeding brought against RAYV, its employees, agents, and/or representatives ("Claim") to the extent such Claim, arises out of, or is related to your content, your access or use of the service, your violation of this Terms Of Use, or of any rights of another, including, without limitation, infringement of third party's intellectual property rights, access or use of the Website or Service by someone else, or violation by such other person of the Terms Of Use, using your computer or User ID.

Under this indemnification, you agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs finally awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding. This defense and indemnification obligation shall survive these terms of use and your use of the Website, Service and/or Software.

18. GOVERNING LAW

The Website is controlled and offered by RayV from its facilities in California, United State of America. RayV makes no representations that the RayV Website is appropriate or available for use in other locations. Those who access or use the RayV Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

The Terms of Use and the relationship between you and RayV shall be exclusively governed by and construed in all respects under the laws California, USA, without giving effect to any choice-of-law or conflict-of-laws provisions. You agree that: (i) the RayV Website shall be deemed solely based in California; and (ii) the RayV Website shall be deemed a passive Website that does not give rise to personal jurisdiction over RayV, either specific or general, in jurisdictions other than California. You and RayV further agree to submit to the personal jurisdiction of the courts located in California, for any and all legal claims, suits or actions that arise in connection with this Service, Website or from a dispute as to the interpretation or breach of the Terms of Use.

19. GENERAL

Waiver and Severability. The failure of RayV to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any of the provisions of the Terms of Use are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Non-Transferability. You agree that your RayV User ID/Broadcasting Channel is non-transferable and any rights to your User ID/ Broadcasting Channel or Content terminate upon your death.

Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.