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Blue Stream Go Terms of Use

Effective November 15, 2018

Welcome to Blue Stream Go! Please note that the terms and conditions contained herein (the “Terms of Use”) include embedded hyperlinks that may only be accessed through our websites. These Terms of Use set forth the terms and conditions pursuant to which Blue Stream will agree to provide or otherwise make Blue Stream Go (“Blue Stream Go”) available to you. Your access and use of Blue Stream Go is conditioned on your acceptance of these Terms of Use and are effective until we change or replace them.

Blue Stream is referred to in these Terms of Use as “we,” “us” and “our.” You and other users of Blue Stream Go are collectively referred to in these Terms of Use as “you,” “your” and “Customers.” Both you and Blue Stream also may be referred to individually as a “Party” or collectively as “the Parties.” Blue Stream Go may be accessed and used only by those Customers authorized by Blue Stream to receive Blue Stream Go after signing up for such services (each, an “Authorized Customer”).

Section 1: Acceptance of Terms of Use

  1. Acceptance. Blue Stream Go is not intended to be used by children without involvement and approval of a parent or other legal guardian. If you are under the age of 18, then you are not permitted to sign up for Blue Stream Go service or provide your personal information to us. These Terms of Use govern your use of Blue Stream Go and your relationship with us. By accessing, downloading or using Blue Stream Go (e.g., if you download any of our Apps onto any device), you confirm that you have read and agreed to these Terms of Use. If you do not agree to these Terms of Use, then do not access or use Blue Stream Go. If you are an existing user and do not wish to accept any revised Terms of Use, then you must immediately stop using Blue Stream Go (including, for clarity, permanently removing all Apps from your devices).
  2. Incorporation of Blue Stream’s Standard Residential Terms and Conditions. All applicable terms from Blue Stream’s Residential Terms and Conditions, the Additional Terms of Blue Stream Go Addendum and the Television Privacy Policy found at https://www.mybluestream.com/legal/ (the “Blue Stream Residential Terms of Use”), and Blue Stream’s Acceptable Use and Privacy Policy found at https://www.mybluestream.com/legal/ are hereby incorporated by reference. If there are any conflicting provisions between these Terms of Use and either the Blue Stream Residential Terms, these Terms of Use will control.
  3. Changes to these Terms of Use. These Terms of Use are effective until we change them. You acknowledge and agree that we may change all or any portion of these Terms of Use at any time and from time to time, in our sole and absolute discretion, by publishing a revised version of these Terms of Use at: https://www.mybluestream.com/legal/. Any revised version of these Terms of Use will be effective immediately upon publication on the website. Your continued use of Blue Stream Go is deemed to be your agreement to the changed terms.
  4. Certain Restrictions on Use; Private and Personal Use Only. Programming provided through Blue Stream Go is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws and may not be reproduced, published, rebroadcast, rewritten or redistributed without the written permission of the third party that supplied it (except as permitted by the “fair use” or other applicable provisions of the U.S. copyright laws) or by Blue Stream’s agreements with such third parties. Blue Stream Go, including all content viewed through Blue Stream Go, are solely for private, personal, non-commercial use, and not for use in the operation of a business or service bureau, and not for any other public viewing, for profit or for the benefit or any person or entity other than the Authorized Customer; and your limited rights to use Blue Stream Go are subject to your understanding of, agreement to and compliance with these Terms of Use in their entirety.

Section 2: OUR SERVICES

  1. Blue Stream Go. By subscribing to Blue Stream Go, you receive access to and use of: (i) certain software, technology and other intellectual property rights (including all functionality and data contained therein) owned or operated by us (regardless whether available for download directly or indirectly from Blue Stream); (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including to enhance past or then-current Blue Stream Go.
  2. Internet Connection. In order to access and use Blue Stream Go, you must have a Blue Stream broadband Internet connection (“Internet Connectivity”). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use Blue Stream Go. Blue Stream is not responsible for the amount of data consumed by you in connection with your use of Blue Stream Go. The time it takes to access and use Blue Stream Go (e.g., watching a movie or TV show) will vary based on a number of factors, including your location, the quality of your internet connection, the available bandwidth at the time of your request, the format of Blue Stream Go you are attempting to access, the device(s) you use to access Blue Stream Go and other factors outside of our control. Blue Stream makes no representations or warranties about the speed or quality of your watching experience on any device and reserves the right change Blue Stream Go (e.g., the format) based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience). We suggest that you ensure that your Internet Connectivity, Permitted Device(s) (as defined below) and configuration are compatible with Blue Stream Go and the format thereof.
  3. Devices. Not all devices are compatible, or permissible, for use with Blue Stream Go. For a current list of devices permitted for use with Blue Stream Go (“Permitted Devices”), please review the devices listed at: www.Blue Streaminc.com/stream. Permitted Devices are manufactured and sold by entities other than Blue Stream and you will need to obtain such Permitted Device from a third-party provider of such device at your sole cost and expense. In addition, Blue Stream Go, or portions of the functionality thereof, may be “blacked-out” or unavailable on certain Permitted Device(s). By accessing or using Blue Stream Go, you agree to look solely to the third party that manufactured and/or sold you the device for any issues related to such device, the operating system thereon and/or its or their compatibility with Blue Stream Go. BLUE STREAM TAKES NO RESPONSIBILITY WHATSOEVER FOR AND BLUE STREAM DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES.
  4. Blue Stream Go Changes; Packaging of Blue Stream Go. In addition to, and without limiting any other provisions in these Terms of Use, Blue Stream may, permanently or temporarily, add, delete, rearrange, alter, interrupt, change and/or eliminate: (i) any and all prices, fees and/or charges; (ii) packages, programming, programming suppliers, services offered by suppliers; (iii) availability of the Network DVR (described in Section 3.6. below) with respect to any particular programming and/or programming suppliers, (iv) software, applications, features and/or functionalities and technical and/or functional requirements, (v) Permitted Devices, (iv) compatible operating systems, (iiv) and/or minimum Internet Connectivity required to use Blue Stream Go, from time to time and at any time. In the event that we add, alter and/or change any prices, fees and/or charges, then you agree to pay such added, altered and/or changed prices, fees and/or charges. In the event that we add, delete, rearrange, alter, change and/or eliminate any packages, availability of the Network DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, then you acknowledge and agree that (a) we have no obligation to replace or supplement such packages, availability of the Network DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, and (b) you are not entitled to any credits, refunds, price reductions or any other form of compensation because of any such addition, deletion, rearrangement, alteration, change and/or elimination. You further acknowledge and agree that such additions, deletions, rearrangements, alterations, changes and/or eliminations are not a discretionary act by us if they are due, in whole or in part, to the termination, suspension or expiration of our legal right to provide such packages, availability of the Network DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities.
  5. Programming Content and Restrictions. Portions of Blue Stream Go may be “blacked out” in your viewing area (e.g., local broadcast channels, sporting events and/or other content for which you do not have the rights to access); if you circumvent or attempt to circumvent any of these “blackouts,” then you may be subject to termination of your Blue Stream Go service and to legal action brought by us or third parties. Portions of Blue Stream Go may have additional restrictions and your access to Blue Stream Go will be subject to those restrictions (e.g., you must be at least 18 years of age, or the applicable age of majority where you live, to access certain adult-oriented programming).
  6. Network DVR. If you subscribe to Blue Stream Go’s Network DVR functionality, you may save programming on the Network DVR for later viewing. The number of programming hours that can be saved will depend on the level of Network DVR service you purchase.
  7. Compliance with Law. You agree to use Blue Stream Go, including all features and functionalities associated therewith, in accordance with all applicable laws (e.g., public performance limitations or other restrictions on any use of Blue Stream Go or contents therein). You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale or otherwise use or gain access to all or any portion of Blue Stream Go, except as explicitly authorized in these Terms of Use, without express written permission from Blue Stream. You also agree not to: circumvent, remove, alter, deactivate, degrade, thwart or otherwise interfere with Blue Stream Go; use any robot, spider, scraper or other automated means to access Blue Stream Go; decompile, reverse engineer or disassemble Blue Stream Go (e.g., software or other products); insert any code or product or otherwise manipulate or interfere with Blue Stream Go (e.g., running Blue Stream Go on a device not permitted for use by us); or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, interfere with, destroy, or limit the functionality of Blue Stream Go, or other software, hardware or telecommunications equipment associated with Blue Stream Go (e.g., any software viruses or any other computer code, files or programs). If we learn that you are using any Blue Stream Go in a manner that constitutes infringement of third-party intellectual property rights, including rights granted by U.S. copyright law, your Blue Stream Go service will be terminated.

Section 3: ACCESS TO SERVICES

  1. Login Credentials. You are responsible for all actions, omissions or other activities related to your Login Credentials, including any Authorized Customers you permit to be use those credentials. Please be aware that to maintain exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your Login Credentials with anyone. In addition, if you would like to ensure that others cannot access your Account by contacting Customer Service (as defined in Section 5.1 below) and potentially altering your control, then you should take the necessary precautions not to reveal any personal or sensitive information used to identify yourself in connection with a lost password or user name (e.g., billing information, government issued IDs or secret question answers). If you believe that your Account has been accessed by anyone other than you or any Authorized Customers you have permitted, or otherwise without permission or in any unauthorized manner, then you must contact us immediately at 954-753-0100. You are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your Account (e.g., current billing information for Blue Stream Go (as defined below)). YOU UNDERSTAND THAT BY SHARING ACCESS TO OUR SERVICES OR YOUR LOGIN CREDENTIALS OR BY OTHERWISE ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY AND ALL SUCH USERS COMPLY WITH THESE TERMS OF USE AND THAT YOU OR THE NAMED PERSON ON THE APPLICABLE ACCOUNT SHALL BE RESPONSIBLE FOR ANY AND ALL ACTIONS, OMISSIONS AND/OR OTHER USE ASSOCIATED WITH SUCH ACCOUNT. PLEASE BE AWARE THAT IF YOU SHARE OR OTHERWISE MAKE YOUR ACCOUNT AVAILABLE TO ANY THIRD PARTY (E.G., FORGETTING TO LOG OUT OF YOUR ACCOUNT ON A SHARED OR PUBLIC DEVICE), THEN SUCH THIRD PARTY(IES) MAY BE ABLE TO ACCESS ANY AND ALL INFORMATION CONTAINED IN YOUR ACCOUNT (E.G., CERTAIN PERSONAL INFORMATION, BILLING INFORMATION, SETTINGS, VIDEO RENTAL AND VIEWING HISTORY AND OTHER RELATED VIEWING PREFERENCES (IF ANY) ASSOCIATED WITH YOUR ACCOUNT).
  2. Account Access; Cookies. In order to provide you with ease of access to your Account and to help administer Blue Stream Go, Blue Stream or its third party vendors may use technology that enables us to recognize you as an Authorized Customer and to provide you with direct access to your account without requiring you to retype any Login Credentials every time that you access, use or otherwise revisit Blue Stream Go, including via any Permitted Devices.
  3. Suspension of Blue Stream Go Services. In order to protect Blue Stream and its affiliates, media providers, device providers, business partners or other service providers or licensors (collectively, “Contributors”), we reserve the right, and may, from time to time and at any time, without providing notice to you, place on hold (or otherwise suspend) your Blue Stream Go services in connection with any activity that we believe to be fraudulent, illegal, in violation of these Terms of Use or otherwise suspicious. We may, but are not required to, evaluate or elect to provide credits, refunds, price adjustments or other discounts, compensation or recompense, from time to time and at any time, in our sole and absolute discretion.

Section 4: BILLING

  1. Billing in Accordance with Blue Stream’s Residential Terms. You will be billed in accordance with the provisions of Blue Stream’s Residential Terms, incorporated by reference in Section 1.2 above.
  2. No Returns, Credits or Refunds. YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE (E.G., TRANSACTIONAL SERVICES NOT DOWNLOADED OR FULLY VIEWED). Because charges are prepaid each billing period, following your cancellation of any of your Blue Stream Go service, you will continue to have access to Blue Stream Go through the end of your then-current billing period. Notwithstanding the forgoing, although not required or obligated, we reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in our sole and absolute discretion; provided that any such elections to offer any such credits, refund, price adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or any other user in connection with any past, present, or future request under any circumstance whatsoever.
  3. Restarting Your Blue Stream Go Service. If you do not make timely payment for your Blue Stream Go service, we may disconnect, suspend, limit or terminate your access to Blue Stream Go, and in such event, we will be immediately and forever wholly relieved from any and all of our duties and obligations to you under these Terms of Use. If your Account is disconnected for non-payment, or for any other reason whatsoever, then Blue Stream may require that you pay, and you agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection), plus a restoration fee, before we reconnect your access to Blue Stream Go. We are not obligated to reconnect your access to Blue Stream Go. If your Blue Stream Go service is disconnected for non-payment, or for any other reason whatsoever, then you may no longer be eligible, even if you pay to restart your Blue Stream Go service, to receive any remaining credits or promotional pricing that you would have been eligible to receive had your Blue Stream Go service not been disconnected, suspended, limited or terminated. Unless required by applicable law, deposits will not be held segregated from other funds and will not earn or accrue interest.

Section 5: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS

  1. 1. Customer Support Service. Blue Stream may elect to provide Account support services or other assistance in connection with your Account (“Customer Service(s)”). The levels, methods and availability of our Customer Service offered is determined by us, in our sole and absolute discretion; we have no obligation to provide any Customer Service whatsoever in connection with Blue Stream Go. If we make available or otherwise provide Customer Service, then such Customer Service is considered part of Blue Stream Go for purposes of these Terms of Use, including any and all restrictions, disclaimers and limitations herein.
  2. 2. Communications. By signing up for Blue Stream Go, you hereby consent to receive electronic communications from us and other Contributors related to such account and Blue Stream Go. These communications may involve sending emails to the email address you provided during registration or delivering electronic communications via your Account and will include notices about your Account (e.g., payment authorizations, password or payment method changes, confirmation e-mails, notices and other similar or transactional information related to such account); these communications are part of Blue Stream Go and your relationship with us. You agree that any notice, agreements, disclosures or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Blue Stream Go features and content, special offers, promotional announcements and customer surveys. If you no longer want to receive certain non-transactional communications via email, please contact Customer Service at 954-753-0100, click on the “Unsubscribe” link contained in any email or on any other link that indicates that you would like to be removed from future, similar non-transactional communications.

Section 6: INTELLECTUAL PROPERTY

  1. Blue Stream Property. Blue Stream Go, including any and all content made available in connection with your access and use of Blue Stream Go, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws.
  2. Reporting Claims. If you have a reasonable belief that your or any other’s protected works have been reproduced or distributed in a way that constitutes copyright infringement or are otherwise aware of any content available in connection with Blue Stream Go that may be infringing, violating or otherwise misappropriating your rights or such other party’s rights, then please notify us immediately in writing at the address specified in Blue Stream’s Acceptable Use and Privacy Policy (“AUPP”) found at https://www.mybluestream.com/legal/. Please include in your notice to use the information specified in the AUPP under “Copyright Infringement.”

Section 7: DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. ALL BLUE STREAM GO SERVICES WILL BE PROVIDED IN ACCORDANCE WITH THE WARRANTY PROVISIONS CONTAINED IN BLUE STREAM’S RESIDENTIAL TERMS AND CONDITIONS FOUND AT https://www.mybluestream.com/legal/terms-of-use/.
  2. CERTAIN OF OUR SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE OF DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
  3. WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR POTION OF SERVICES AS A RESULT OF ANY CHANGE.
  4. ANY MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT. NEITHER BLUE STREAM NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE STREAM OR THE OTHER CONTRIBUTORS OR VIA YOUR ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Section 8: LIMITATION OF LIABILITY

  1. ALL BLUE STREAM GO SERVICES WILL BE PROVIDED IN ACCORDANCE WITH THE LIMITATION OF LIABILITY PROVISIONS CONTAINED IN BLUE STREAM’S RESIDENTIAL TERMS AND CONDITIONS FOUND AT https://www.mybluestream.com/legal/terms-of-use/.
  2. Force Majeure. WITHOUT LIMITING THE GENERALITY OF ANY OTHER APPLICABLE TERMS AND CONDITIONS, NEITHER BLUE STREAM NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, HURRICANES, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, FIBER CUTS, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.

Section 9: NOTICE

  1. Notice. Any notice required or permitted to be given by Blue Stream may be provided by any reasonable means, including by mail, insertion into your monthly invoice, by telephone or by e-mail. If we send you notice by mail, it will be considered given the day after it is deposited in the U.S. mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice via e-mail, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then currently stated in our records. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records. Unless otherwise specified in these Terms of Use, any notice required or permitted to be given by you under these Terms of Use must be in writing and be sent to Blue Stream by certified mail or other overnight delivery to the following address: Blue Stream, Attn: Legal Department, 12409 NW 35th Street, Coral Springs FL 33065; and will be deemed given only when such notice is received by us at this address. If your name, contact information or other account information is no longer accurate or otherwise changes, then you must promptly notify Blue Stream of such change or correction.