Onstream Terms of Use

Updated: October 1, 2023

Onstream, LLC ("Onstream", "we", "us" "our") welcomes you to the Onstream Service. The "Onstream Service" includes the Onstream website, application and associated content and services.

PLEASE READ THESE TERMS OF USE ("Onstream TERMS OF USE", OR "TERMS") CAREFULLY BEFORE USING THE Onstream SERVICE. You agree to these Onstream Terms of Use by clicking the checkbox, "I Agree" or other industry standard mechanism during the Onstream registration process or by your use of any aspect of the Onstream Service. If you do not agree to these Onstream Terms of Use, you may not use the Onstream Service. We can modify or update these Terms at any time, even though these changes may affect your continued use of the Onstream Service. The new terms will become effective once we have sent them to you or when they are posted on the Onstream Service. Your continued use of the Onstream Service will indicate and constitutes your acceptance of any changes to these Onstream Terms of Use. If you do not agree to any change to these Onstream Terms of Use, you may terminate your account with the Onstream Service. Our customer service representatives are not authorized to modify any provision of these Onstream Terms of Use, either verbally or in writing. You are solely responsible for remaining knowledgeable as to any changes that we may make to these Onstream Terms of Use. The most current version of these Onstream Terms of Use will be available on the Onstream Service and will supersede all previous versions of these Onstream Terms of Use.

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

List of Sections

User Eligibility and Registration
Copyright License Grant and Restrictions
Usage Rules
Digital Retailers
Participating Studios
Onstream-Compatible Devices, Technical Requirements, and Limitations
Use and Sharing of Certain Information
Suspension and Termination
General Provisions

1. USER ELIGIBILITY AND REGISTRATION

Eligibility. Only legal residents of the United States, all U.S. territories, and the U.S. associated states of the Federated States of Micronesia and Palau (collectively, the "Territory") are eligible to register for a Onstream account, provided that the Onstream Service is subject to availability of Digital Retailers and Onstream Content in the Territory. The Onstream Service is provided to individuals for their personal, noncommercial use only. Companies, associations and other groups may not register for a Onstream account or use the Onstream Service. Individuals under the age of 13 are not eligible for a Onstream account.
Registration. Only Onstream Members can take full advantage of all the features and benefits offered by the Onstream Service, such as adding to your My Movies collection and linking to Digital Retailer accounts. A "Onstream Member" is an eligible individual that has registered for a Onstream account and remains in good standing. To become a Onstream Member you must provide certain information and agree to these Onstream Terms of Use. You are solely responsible for maintaining the confidentiality and security of your Onstream username and password and for all activities that occur on or through your Onstream account. However, if you allow others to access your Onstream account, these Terms, the terms of the Onstream Privacy Policy, as well any specific consents you may have provided, also apply to their access, use, and disclosure of information. You agree to immediately notify Onstream of any unauthorized access to your Onstream account. Onstream will not be responsible for any losses arising from the unauthorized use of your Onstream account.
Notices. Any notices Onstream delivers to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Onstream Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

2. COPYRIGHT LICENSE GRANT AND RESTRICTION

License. Within the Territory and subject to the terms and conditions in these Onstream Terms of Use, Onstream grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
1. stream or download and install, the movies, trailers, bonus materials, images, artwork and other copyrightable materials (the "Content") that are available to you from the Onstream Service; and
2. use the Onstream Service.
This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Onstream Service. The purchase of a license to stream or download any Onstream Content does not create an ownership interest in the licensed Content.
Restrictions on Your Use of the Content. You may not and agree not to:
1. circumvent or disable any content protection system or digital rights management technology used with the Onstream Service;
2. copy the Content (except as expressly permitted by these Onstream Terms of Use); or
3. create derivative works of the Content.
Restrictions on Your Use of the Onstream Service. You may not and agree not to:
1. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Onstream Service;
2. modify, including among other things, remove identification, copyright or other proprietary notices from the Content or the Onstream Service;
3. access or use the Onstream Service in a manner that suggests an association with our products, services or brands;
4. create derivative works of the Onstream Service, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Onstream Service;
5. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Onstream Service including, but not limited to, mechanisms that protect or limit use or access to the Onstream Service and Content;
6. damage, disable, overburden or impair the Onstream Service;
7. bundle Content or the Onstream Service for redistribution with other products or services;
8. redeem an unauthorized, expired, invalid, or used digital code. For combination packs: By redeeming a digital code from a combination disc + code package (for example, a disc + code package that includes a DVD, Blu-ray, and/or 4K/UHD disc(s) and a digital code), you are representing that you, or a member of your family, obtained the code in an original combination disc + code package and the code was not purchased separately. Your representation is a condition of redemption and of your obtaining a license to access a digital copy of the movie; or
9. use the Onstream Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Onstream Terms of Use.

Any attempt to perform any of the restrictions listed in Sections 2(b) and 2(c) above is a violation of the rights of Onstream and its licensors. If you become involved in any violation of system security, Onstream reserves the right to, and you agree that Onstream may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.

3. USAGE RULES

Adding Onstream Entitlements. An "Entitlement" is a legitimately acquired license to stream or download a specific Onstream movie title and its resolution (e.g., Standard Definition or High Definition). Your "My Movies" collection is made up of Content for which you have by license obtained Entitlements in your Onstream locker. As a Onstream Member, you may fill your My Movies collection with Onstream-eligible movies based on your Entitlements. Your Entitlements will remain in your My Movies Collection indefinitely, subject to the ongoing validity of your Entitlements and these Onstream Terms of Use.
Temporary Entitlements. A "Temporary Entitlement" is an Entitlement with a license to stream a select Onstream movie title and its resolution for a limited period of time. For clarity, a Temporary Entitlement will not become part of your My Movies collection.
Streaming Onstream Content. Select Content can be streamed through the Onstream Service over an active Internet connection. The image quality will vary depending on the speed of your Internet connection, the device you use and the software currently installed on such device. Up to four (4) concurrent streams are allowed for each Onstream account at any time. Up to two (2) concurrent streams are allowed for the same Onstream-eligible movie for each Onstream account at any time.
Downloading Onstream-Eligible Movies. Onstream Members may download Onstream-eligible movies to a maximum of eight (8) permitted Onstream-Compatible Devices (described further below in Section 6) for viewing. These downloads are in addition to downloads that may be permitted by Digital Retailers like Apple TV, Amazon Prime Video, Vudu, Google Play/YouTube, Microsoft Movies & TV, Xfinity, Verizon Fios TV and DIRECTV. The number of times you can download a single Onstream-eligible movie through your Onstream account to a Onstream-Compatible Device associated with your Onstream account is unlimited, as long as you do not exceed the device limits described in Section 6. Please note that you must connect your Onstream-Compatible Device to the Internet and login to your Onstream account at least once every ninety (90) days for your downloaded movies to remain available for playback through your Onstream-Compatible Device.
Access Controls. The Onstream Service provides Onstream Members with access controls to restrict certain functionality within the Onstream Service. You may enable access controls by creating profiles within your Onstream account and managing the ratings that each profile has access to, which will restrict playback of Onstream-eligible movies from within that profile by rating. There are currently five (5) levels of restricted ratings: G, PG, PG-13, R, and All. However, restricting access to a Onstream-eligible movie by rating does not restrict access to the bonus materials associated with that movie. Please note that profiles are set on a device-by-device basis. This means that any profile (and its associated access control) you set on one device will not automatically apply to your other devices. To apply that same access control on your other devices, you will need to independently select the profile with the desired access control on each of your devices.
Digital Code Redemption. You can enter authorized, unexpired, valid, and unused digital codes for Onstream-eligible movies in the "Redeem" section of the Onstream Service. Upon validating the digital code, an Entitlement for the Onstream-eligible movie will be included in your My Movies collection. For combination packs: Digital codes originally packaged in combination disc + code packages may not be sold separately and may be redeemed only by an individual who obtains the code in the original combination disc + code package, or by a family member of that individual. The digital codes are owned by Participating Studios, their affiliates, or other licensors. You may only use digital codes as specifically authorized under these Onstream Terms of Use and the terms and conditions of the applicable issuer of each digital code that you use. The unauthorized sale, distribution, purchase or transfer of digital codes in a manner inconsistent with those terms and conditions is prohibited.
Future Unavailability. Subject to these Usage Rules, there is no limit to the number of times you can download or stream Onstream-eligible movies from your My Movies collection; however, it is possible that those movies may not be available for subsequent re-download or stream at any given time. Onstream will take reasonable efforts to provide you with as much prior notice as possible; however, Onstream shall have no liability to you in such event.

4. DIGITAL RETAILERS

Connecting. Currently, Apple iTunes, Amazon Prime Video, Vudu, Google Play/YouTube, Microsoft Movies & TV, Xfinity, Verizon Fios TV and DIRECTV are "Digital Retailers" of the Onstream Service. Additional Digital Retailers may become available at any time, with or without notice. The total number of Digital Retailers may vary at any given time. If you have an account with a Digital Retailer, you may connect your Onstream account with your Digital Retailer account. Only one Onstream account can be connected with one account at each connected Digital Retailer at any one time. These accounts may be individually disconnected by you at any time. However, an individual Digital Retailer account to which a Onstream account is connected cannot be switched to a different account with such Digital Retailer more than once in any 180 day period. Connecting your Onstream account with your Digital Retailer account(s) will enable automatic Entitlement Sharing between Onstream and all connected Digital Retailer(s).
Independent Rules. While on or using a Digital Retailer's website, application or service, you will be subject to that Digital Retailer's rules and restrictions including its privacy policies. Onstream assumes no responsibility or liability for any Digital Retailer or its websites, applications or services.
Entitlement Sharing. "Entitlement Sharing" is the sharing of your Entitlements on your behalf between Onstream and each connected Digital Retailer. In this way, all Onstream-eligible movies in your My Movies collection will also appear in each of your connected Digital Retailer's lockers, subject to availability of each Onstream-eligible movie with the applicable Digital Retailer. Additionally, all Onstream-eligible movies in your connected Digital Retailer's lockers will appear in your My Movies collection and each of your other connected Digital Retailer's lockers, subject to availability of each Onstream-eligible movie with the applicable Digital Retailer. This will allow you to independently view such movies through the Onstream Service and each Digital Retailer's service. Temporary Entitlements, which are separate from your My Movies collection, will not be shared by Onstream with Digital Retailers, will not appear in your connected Digital Retailer(s)’s locker(s), and will not be viewable on such Digital Retailer(s)’s service(s). No Entitlement information or other information is shared directly between Digital Retailers. Each Digital Retailer's terms of use will determine your viewing rules and restrictions while using their services. Please note that not all movies available in your connected Digital Retailer's locker are eligible for sharing with Onstream. Disconnecting your Onstream account with your Digital Retailer account will cease future Entitlement Sharing between Onstream and the disconnected Digital Retailer. Onstream-eligible movies based on Entitlements which were shared prior to disconnecting will continue to be available in Onstream and the disconnected Digital Retailer so long as the Digital Retailer account remains disconnected from Onstream. Should you choose to then reconnect your Digital Retailer account to a different Onstream account, there is a possibility that some of your Onstream-eligible movies will not be available in your Digital Retailer account. Each Digital Retailer’s policies and terms of use will determine whether Entitlements shared prior to disconnecting with Onstream will continue to be available in the Digital Retailer account.
Transactions. Currently Onstream does not directly handle transactions for any products. However, you may follow links within the Onstream Service to purchase products directly from a connected Digital Retailer. All such transactions are subject to applicable license terms and conditions and will be directly between you and the Digital Retailer. You should directly contact the Digital Retailer for any refunds or to resolve any problems with such transactions.

5. PARTICIPATING STUDIOS

Currently, Onstream brings you titles from The Walt Disney Studios (including Twentieth Century Film), Sony Pictures Entertainment Inc., Universal Pictures, and Warner Bros. Entertainment Inc. ("Participating Studios"). Additional Participating Studios may become available at any time, with or without notice. The total number of Participating Studios may vary at any given time. While accessing or using a Participating Studio's Content, website, application or service, you will be subject to that Participating Studio's rules and restrictions including its privacy policies. Onstream assumes no responsibility or liability for any Participating Studio or its websites, applications or services.

6. Onstream - COMPATIBLE DEVICES, TECHNICAL REQUIREMENTS AND LIMITATIONS

Onstream-Compatible Devices. Use of the Onstream Service requires compatible devices and certain software, may require periodic updates, and may be affected by the performance of these elements. You can access Onstream Content with almost any Internet-connected computer or through the Onstream application available for certain mobile devices (Internet connection required) (each, a "Onstream-Compatible Device"). For specifics concerning supported devices, operating systems, web browsers and optimal streaming support please check Onstream Help Center.
Adding Onstream-Compatible Devices; Limitations. You can add a Onstream-Compatible Device to your Onstream account by downloading the Onstream application to the Onstream-Compatible Device and by signing into your Onstream account through the Onstream application. Please note that you may download Onstream-eligible movies to a maximum of eight (8) different Onstream-Compatible Devices at any one time. You will not be permitted to download to an additional device once the maximum of eight (8) Onstream-Compatible Devices has been reached. In addition, you may download Onstream-eligible movies to a maximum of sixteen (16) different Onstream-Compatible Devices within a rolling twelve (12) month period. You may remove or switch any of your eight (8) unique Onstream-Compatible Devices up to the sixteen (16) different unique devices permitted within a rolling twelve (12) month period.
Fees and Internet Connection. You are solely responsible for determining and paying any third-party fees, charges or taxes in connection with your use of the Onstream Service including, without limitation, those imposed by any Internet service provider, carrier or governmental entity. You must have a high speed Internet connection in order to access and use certain aspects of the Onstream Service.

For more information about Onstream's collection, use, and sharing of your information please refer to the Onstream Privacy Policy, which is incorporated herein by this reference.

8. SUSPENSION AND TERMINATION

You agree that Onstream may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Onstream Service and to any Content if Onstream believes you are using or have used the Onstream Service in violation of these Onstream Terms of Use or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, Onstream may restrict or suspend your access to your Onstream account for cause and upon reasonable notice to you, which may be communicated electronically, which includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Onstream reasonably believes that your Onstream account has been created fraudulently, your Onstream account has been accessed fraudulently, or anyone uses your Onstream account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. Onstream also reserves the right, after notice to you, to terminate any Onstream account that remains inactive for one year (failure to log in to your Onstream account will constitute inactivity for purposes of these Onstream Terms of Use). In addition, you understand that Onstream may modify or cease providing all or a portion of the Onstream Service at any time without notice. You agree that Onstream will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Onstream account or Content.

ON TERMINATION OF YOUR Onstream ACCOUNT, WHETHER TERMINATED BY Onstream OR AT YOUR REQUEST, YOU WILL IMMEDIATELY LOSE THE RIGHT TO ACCESS STREAMED CONTENT THROUGH THE Onstream SERVICE AND WITHIN A LIMITED PERIOD WILL LOSE THE RIGHT TO VIEW Onstream-ELIGIBLE MOVIES DOWNLOADED WITHIN THE Onstream SERVICE.

9. GENERAL PROVISIONS

License.You understand and agree that the Content you receive through the Onstream Service is licensed to you for your personal, noncommercial use and is intended for informational and entertainment purposes only. The Content does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. Such Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content, are owned by Onstream, its affiliates, Participating Studios and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Onstream does not transfer any ownership, title, right or interest to or in the Content to you. Except as we specifically agree in writing, no element of the Onstream Service may be used or exploited in any way other than as part of the Onstream Service offered to you. We do not transfer ownership, title, right or interest to or in any portion of the Onstream Service to you.
Unavailability. The Onstream Service may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of war, riots, strikes, social unrest; or (iii) as a result of other matters beyond the control of us or third parties.
Additional Restrictions on Use of the Onstream Service. We do not allow uses of the Onstream Service that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component into, or otherwise tamper with, impair or damage the Onstream Service or connected network, or interfere with any person's use or enjoyment of the Onstream Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Onstream Service using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content. The Onstream Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. For example, if you access the Onstream Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Onstream Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
Mobile Networks. When you access the Onstream Service through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Onstream Service may be prohibited or restricted by your network provider and the Onstream Service may not work with your network provider or device.
User Generated Content.
1. Submission. The Onstream Service may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content ("User Generated Content"), which may be accessible and viewable by you and/or the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
2. License. We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Onstream Service and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
3. Representation. You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
4. Right to Modify. We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Onstream Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Competitions. Competitions that you enter on the Onstream Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
1. Entries. Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified. We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
2. Eligibility. To enter a competition, you must be a registered user of the Onstream Service and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian's consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
3. Prizes. No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Submissions and Unsolicited Ideas Policies.
1. Submissions. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
2. Ownership. In the event we provide you with an opportunity to submit comments, suggestions, or other feedback regarding your use of the Onstream Service, you acknowledge that Onstream owns any feedback provided, and you hereby grant to Onstream, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any product or service at any time at the sole discretion of Onstream.
Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Email: [email protected]

We are only able to accept notices in the English language.

We will respond expeditiously to claims of copyright infringement committed using the Onstream Service that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") or, as applicable, other laws. With respect to the Onstream Service hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail.
Contact Information. You may contact Onstream as follows:
By email at: [email protected]
DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AND Onstream SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Onstream, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND PARTICIPATING STUDIOS AND THE PARTICIPATING STUDIOS' RESPECTIVE AFFILIATES (COLLECTIVELY, THE "Onstream PARTIES") EACH EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE Onstream PARTIES DO NOT WARRANT THAT THE CONTENT AND THE Onstream SERVICE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE Onstream PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT AND THE Onstream SERVICE WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE Onstream PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE Onstream SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE Onstream PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE CONTENT OR THE Onstream SERVICE, HOWEVER CAUSED. NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. THE LIABILITY LIMITATIONS IN THIS SECTION 11(K) APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE Onstream PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Onstream'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID ANY DIGITAL RETAILER FOR ANY MOVIE THAT BECOMES PART OF YOUR MY MOVIES COLLECTION.
Binding Arbitration and Class Action Waiver.
1. Arbitration of Disputes. You and Onstream agree to arbitrate all disputes between you and the Onstream Parties, except for disputes relating to the enforcement of the intellectual property rights of the Onstream Parties. "Dispute" includes any dispute, action or other controversy between you and us concerning the Onstream Service or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Onstream empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable.
2. Notice. In the event of a dispute, you or Onstream must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Onstream, Attention: Onstream Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Onstream will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
3. Non-resolution. If you and Onstream do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the JAMS Mediation, Arbitration and ADR Services ("JAMS") in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules"). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. In accordance with the JAMS Rules, the party initiating the arbitration (either you or Onstream) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (A) that award is greater than the amount of our last written settlement offer; or (B) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.
4. Venue. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if circumstances prevent you from traveling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area.
  
  Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by the Onstream Parties, or their affiliates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Onstream Service, or this Agreement.
5. No Class Action. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Onstream Parties will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum. You agree that any action at law or in equity arising out of or relating to these Onstream Terms that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
Entire Agreement. These Onstream Terms of Use and the provisions referenced herein, constitute the entire agreement between you and Onstream pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Onstream Terms of Use shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.