Terms and Conditions
CONVERSA Management s.r.o., a company incorporated and registered at Pobřežní 394/12, Karlín, 186 00 Praha 8, Czech Republic, with the registration number 06858716, VAT no. CZ06858716, (hereinafter «BMBroadcaster», «we», «us» or «our»). CONVERSA Management s.r.o. owns and operates the website https://bmbroadcaster.com («Website») and a live streaming mobile application BMBroadcaster («Application»), enabling you as an individual and, if applicable, the company or other legal entity you represent («Customer», «You», «Yours») to live stream videos on different social media services, like YouTube, Twitch, etc.
This is a legally binding agreement between BMBroadcaster and you. The following terms and conditions, together with any documents they expressly incorporate by reference (hereinafter referred to as the «Agreement» or «Terms and Conditions»), govern your access to and use of https://bmbroadcaster.com website, BMBroadcaster Mobile Application and any of BMBroadcaster’s other websites that directly link to these Terms and Conditions (hereinafter referred to as the «Site»), including any content, functionality, and services offered on or through the Site.
Violation of these Terms and Conditions may result in the suspension of access to the mobile application and the website and/or termination of the use of services at the sole discretion of BMBroadcaster.
Please read these terms and conditions carefully before using the services
Acceptance of Terms and Conditions
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
Description of Services
We provide visitors to the Website («Visitors») and registered users of the Services («Users») with access to the Services as described in this Agreement.
Visitors: Visitors, as the term implies, are people who want to look around and see what the Website is all about. Visitors can (a) view all publicly accessible content, and (b) e-mail us.
- participate in our promotional programs;
- sign up for alerts and other notifications; and
- upload, schedule, share and stream their videos («User Content») on supported third-party Applications such as YouTube, Twitch, etc.
We are under no obligation to accept any individual or organization as a User, and may accept or reject any User, at our sole and complete discretion.
You agree to abide by BMBroadcaster User Agreement, including but not limited to, agreeing not to use this site for any unlawful purpose.
By posting information in or otherwise using any communications service, message board, social networking site, or another interactive or live streaming service that may be available to you on, or through, our website and our mobile application, you agree that you will not upload, stream, post, share or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, video or other information (hereafter «Content») that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, tortious, or otherwise violates BMBroadcaster’s rules or policies;
- contains illegal or brand-damaging content such as images/videos of rape, brutality, or extortion;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party;
You also agree that you will not harvest or collect information about the users or members of this Service or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
You will not access or use the Services to collect any market research for a competing business.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
You will not attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You will not use the Services for any malicious activity, as determined by BMBroadcaster in its sole and absolute discretion.
You may use the BMBroadcaster Mobile Application only for lawful purposes and in accordance with these Terms and Conditions.
BMBroadcaster has the right at its sole discretion to stop any content from streaming that, in BMBroadcaster’s judgment, does not comply with the User Agreement or is otherwise harmful, objectionable, or inaccurate. BMBroadcaster is not responsible for any failure or delay in removing such content.
We may, at our sole discretion, provide all information that we have about you including your data, content, or any information we may have about you in our records to law enforcement agencies and other government institutions if they request this information to investigate alleged breaches of User Agreement.
When you stream to other third-party websites via BMBroadcaster Mobile Application, it is your sole responsibility to make sure you comply with the policies of those third-party websites. BMBroadcaster is not responsible for any violations, breaches, or non-compliance with third-party websites’ rules and Terms and Conditions. If those third-party websites provide us with any evidence of a violation of their Terms and Conditions by you, we will block your access to BMBroadcaster Application and notify you by email.
You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of the such claim.
Please let us know about any inappropriate behavior. If you find something that violates our Guidelines, please send us an email and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Services (or any portion of them) and/or to remove any User Content without notice.
If a User does not log in to the Services using a third-party login provider (e.g., Youtube), such User will be required to create an account, which includes an email address («Email Address») and a password («Password»). Users are solely responsible for the confidentiality and use of their Sign-In Email Address, and Password, as well as for any use, misuse, or communications entered through the Services. A User will promptly inform us of any need to deactivate a Password or Sign-In Email Address. We reserve the right to delete or change Users’ Passwords and/or Sign-In Email Address, at any time and for any reason. BMBroadcaster will not be liable for any loss or damage caused by any unauthorized use of Users’ accounts.
Any content (eg. chat messages, etc.) created, published, or otherwise made public on BMBroadcaster will belong to BMBroadcaster.
You hereby expressly assign, and transfer all copyrights and other intellectual property rights irrevocably, and exclusively to the BMBroadcaster, who hereby accepts, any and all existing and future author rights, trademarks, service marks, trade secrets, and all other intellectual proprietary rights, or any portion thereof, of every kind and character, for the period of the validity of such intellectual property rights including any eventual renewals and extensions, throughout the world.
Services and Warranties & Limitations of Liability
BMBroadcaster makes, to the extent permitted by law, no warranties or representations as to the information, services, or products provided through or in connection with the service. Subscribers’ use of the service is at their own risk.
BMBroadcaster seeks, at all times, to provide each Subscriber with the best content and services available. However, it cannot give a warranty of merchantability, fitness for any purpose, or non-results of the use of the content in terms of their correctness, accuracy, timeliness, and reliability or otherwise.
BMBroadcaster is not undertaking any obligation or liability relating to any content, including broadcasting content or activity on/through the BMBroadcaster Application. BMBroadcaster is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is contained on the Website. BMBroadcaster is not responsible for any Content, including but not limited to broadcasting content that violates a community’s norms or mores.
You agree to defend, indemnify, and hold the BMBroadcaster and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees harmless from and against any claims, actions, suits, proceedings, or demands (hereinafter referred to as the «Claims»), including, without limitation, reasonable legal and accounting fees, arising or resulting from your User Content, your breach of this Agreement, and/or your access to, use, or misuse of the Services. We shall provide notice to you of any such Claim and shall assist you, at your expense, in defending any such Claim. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Compliance with Laws and Policies
The Services are based in the Czech Republic. We make no claims concerning whether the Services or the Content may be used or are appropriate for use outside of the Czech Republic. If you access the Services from outside of the Czech Republic, you do so at your own risk. Whether inside or outside of the Czech Republic, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Czech Republic, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall lie only in the District courts of Prague, the Czech Republic and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any term or provision of this Agreement will be held invalid or unenforceable to any extent under any applicable law by a court of competent jurisdiction, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. You acknowledge that BMBroadcaster shall not be liable to you or any third party for any termination of your access to this Site or service.