Effective November 15, 2018
Section 2: OUR SERVICES
- Blue Stream TV. By subscribing to Blue Stream TV, 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 TV.
- Internet Connection. In order to access and use Blue Stream TV, 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 TV. Blue Stream is not responsible for the amount of data consumed by you in connection with your use of Blue Stream TV. The time it takes to access and use Blue Stream TV (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 TV you are attempting to access, the device(s) you use to access Blue Stream TV 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 TV (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 TV and the format thereof.
- Devices. Not all devices are compatible, or permissible, for use with Blue Stream TV. For a current list of devices permitted for use with Blue Stream TV (“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 TV, or portions of the functionality thereof, may be “blacked-out” or unavailable on certain Permitted Device(s). By accessing or using Blue Stream TV, 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 TV. 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.
- Programming Content and Restrictions. Portions of Blue Stream TV 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 TV service and to legal action brought by us or third parties. Portions of Blue Stream TV may have additional restrictions and your access to Blue Stream TV 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).
- Network DVR. If you subscribe to Blue Stream TV’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.
Section 3: ACCESS TO SERVICES
- Account Access; Cookies. In order to provide you with ease of access to your Account and to help administer Blue Stream TV, 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 TV, including via any Permitted Devices.
Section 4: BILLING
- 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.
- 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 TV service, you will continue to have access to Blue Stream TV 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.
Section 5: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS
- 2. Communications. By signing up for Blue Stream TV, you hereby consent to receive electronic communications from us and other Contributors related to such account and Blue Stream TV. 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 TV 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 TV 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
- Blue Stream Property. Blue Stream TV, including any and all content made available in connection with your access and use of Blue Stream TV, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws.
Section 7: DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- ALL Blue Stream TV 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/.
- 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.
- 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.
- 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.
Section 8: LIMITATION OF LIABILITY
- ALL Blue Stream TV 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/.
- 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