Terms of Use

Terms of Service of Switcher Inc. - Switcher Studio      
By using this Application you agree to the following terms:                                

Switcher Studio Terms of Service
You are currently viewing a page of a Web site (the “Site”) belonging to Switcher Inc. (“Switcher Studio”). The Site and any of the products and services provided by Switcher Studio in connection with the Site and Switcher Studio iOS app (the “Services”) are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. By accessing, visiting, browsing, or interacting with any part of the Site and by using our products and services, you agree that you have read, understand, and agree to be bound by all of the terms of these Terms of Use as well as the Switcher Studio Privacy Policy found at http://switcherstudio.com/en/privacy-policy.

Your Account
Your account may only be used for a single multi-camera setup and is to be used by a single individual, or organization and you agree that you will not share your account. You agree to enter a valid email address, and any other information requested in order to complete the account sign up process. You are responsible for maintaining the security of your username and password and Switcher Studio will not be liable for any loss if you do not keep your login information secure. You agree to not use the Service for any illegal or unauthorized purpose. You agree not use the Service to compete with Switcher Studio (as determined solely by Switcher Studio).

Plans and Fees
Except with respect to US federal and state taxes, all Service fees do not include taxes and you shall be responsible for paying applicable duties or taxes as applicable to your local jurisdiction. Technical support is available only to account holders in good standing and is provided via the Contact Support page of the Switcher Studio website: http://support.switcherstudio.com.

If you choose to upgrade or downgrade your plan, a prorated credit will be applied for the current plan’s unused term. A charge for the full amount of the new plan will be applied, offset by any credits. Service fees are billed in advance based on the term selected (annual or monthly) and are non-refundable.

Downgrading your plan may cause the loss of features, and Switcher Studio has no liability for any such losses. Service prices are subject to change upon 30 days notice from Switcher Studio. Such notice may be provided at any time by posting the updated pricing to the Switcher Studio website pricing page at http://switcherstudio.com/en/choose-a-plan. You can close your account at any time right from your My Account page. If you close your account, you won't be billed again. Refunds cannot be issued for payments already made.

Switcher Studio reserves the right to change, suspend, remove, or disable access to the Service or parts of the Service at any time without notice. In no event shall Switcher Studio be liable for the removal of or disabling of access to the Service. Switcher Studio may also impose limits on the use of or access to the Service without notice or liability. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account and data. Switcher Studio reserves the right to refuse to provide the Service to anyone for any reason at any time. Switcher Studio will make commercially reasonable efforts to notify you via your account email address in advance of a termination of Service.

Your Content
You agree that you, and not Switcher Studio, are responsible for the contents of the audiovisuals and other elements created by and with the Service. You must own or have all necessary rights, licenses, consents, releases and permissions necessary to create, stream and distribute User Content using the Service, and you agree to indemnify Switcher Studio for any claims and damages arising out of your failure to have any such necessary authorizations.

You agree that you will not create, stream or distribute any User Content that is unlawful, defamatory, libelous, slanderous, obscene, violates another’s right to privacy or publicity, or infringes on any patent, trademark, copyright, or other property right. While Switcher Studio prohibits such kinds of User Content being created and distributed using the Service, you understand and agree that Switcher Studio is not and will not be responsible for your User Content or the User Content of third parties distributed using the Service and you may be exposed to such materials.

We claim no intellectual property rights in or to the User Content you provide using the Service.Switcher Studio does not have the obligation to and does not pre-screen any User Content. However, Switcher Studio reserves the right at all time to disclose any information as necessary to satisfy any law, regulation or governmental request.

Switcher Studio has the right in its sole discretion to refuse or remove any Content that is available via the Service. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification to Designated Agent at support [at] Switcher Studio [dot] com pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), and include a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

General Terms
THE SERVICE IS PROVIDED EXCLUSIVE ON AN "AS IS" BASIS, AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SWITCHER STUDIO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FURTHER, SWITCHER STUDIO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ERRORS IN THE SERVICE WILL BE CORRECTED. SWITCHER STUDIO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUS THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR USE OF THE SERVICE.

You agree not to appropriate, copy, or reverse engineer any portion of the Service or its elements, designs or methodology, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or access to the Service without the express written permission of Switcher Studio. You must not transmit any worms or viruses or any code of a destructive nature, and you agree not to modify, adapt or hack the Service or falsely imply that another website or service is associated with Switcher Studio. You agree not to access the Switcher Studio API other than through the Service.

IN NO EVENT WILL SWITCHER STUDIO BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF OR DAMAGE TO SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Your use of the Service does not grant to you any ownership interest in the Service, any copyrights, trademarks, trade names, service marks, logos, patents, or other intellectual and proprietary rights of Switcher Studio. In using the Service, you may utilize links to third party websites (“Linked Sites”). Switcher Studio shall have no responsibility for the information, content, products, services, advertising, terms of use, privacy policy, practices, code or other materials which may or may not be provided by or through Linked Sites. Switcher Studio disclaims any liability for any Linked Sites. Switcher Studio shall not be liable for any disruption, failure or malfunction of the Internet or other service providers or for any force majeure. Switcher Studio may assign its rights and obligations under the Terms of Service to a corporation or other entity of which a majority interest is owned, or which is controlled, by Switcher Studio, or succeeds to a substantial part of the assets or interests of Switcher Studio, or pursuant to a merger or consolidation with Switcher Studio.

The Terms of Service shall be governed by the laws of the State of Kentucky. The Terms of Service, along with the Privacy Policy which is hereby incorporated by reference, constitute the complete and entire agreement between you and Switcher Studio with respect to your use of the Service, and supersede and replace any and all prior agreements between you and Switcher Studio (including, but not limited to, any prior versions of the Terms of Service). The failure of Switcher Studio to enforce any right or provision of the Terms of Service shall not constitute a waiver to subsequently enforce such right or provision.

Switcher Studio reserves the right to update and change the Terms of Service without notice, from time to time. Your continued use of the Service after any such changes shall constitute your consent to and agreement to be bound by such changes. Any new features added to the Service will also be subject to the Terms of Service. Violation of any of the terms herein may, at the sole discretion of Switcher Studio, result in the termination of your Account. The Terms of Service are available for your review at any time at http://switcherstudio.com/en/terms-of-use. For any questions regarding the Terms of Service, please contact Switcher Studio on our Contact Support page.

Latest update: Nov 2, 2016