Burst Terms of Service
Last Updated: June 15, 2023
INTRODUCTION; LEVELS OF SERVICES
Burst is about making it easy to view and share raw, unedited video. Burst currently offers a number of different service levels, including basic (free) services, as well as various types of premium consumer, and business or enterprise services. Depending on how you sign up for our Services, our Services may be offered by Burst, itself, or by one or more third party partner/service providers selected from time to time by Burst who offer a white label or private-label version of our Services and/or Products. These Terms of Service apply to all such Services and Products, except that certain aspects and disclosures may not be applicable to every type of Service, user or provider. If you have any questions about whether any particular restriction, disclosure or term of these Terms of Service applies to you, please contact us at the number and email address listed at the end of these Terms of Service.
All content and Services made available through the Burst Site that were not made available as of the “Last Updated” date above shall automatically be deemed to be part of the “Services” when first made available through the Burst Site.
USE OF SERVICE; REGISTRATION; ACCOUNT ACCESS AND SECURITY
Subject to and expressly conditioned upon your continuous compliance with these Terms of Service, Burst grants you a limited, non-exclusive, fully revocable license to utilize the Site, avail yourself of the Services and purchase Products so long as (1) you are of legal age to form a binding contract;(2) you use the Site, Services and/or our Products in compliance with these Terms of Service; and (3) if applicable, you timely pay all service and other fees necessary to maintain an account with us. In addition, and without limiting the foregoing, Burst reserves the right to terminate your account and your use of the services at any time in its sole discretion. In order to access and/or use the Service, you may be required to provide current, accurate identification, contact and other information as part of the registration process and/or in order to continue to use of the Site and the Services. You will be solely responsible for maintaining the accuracy and completeness of such information. As part of your registration you may also be provided with an account username, password and/or email address to access or use the Services, or to enable another to access, use and modify your account (the “Account Information”).
You are responsible for all activities that occur under your account whether by you or by others, including, including, activities of others to whom you have directly or indirectly provided your Account Information. You agree to immediately notify Burst upon becoming aware of any unauthorized use of your Account Information, your account or any other breach of security and to accept all risks of unauthorized access to the Account Information and any other information you provide to Burst. Burst will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure, and you agree to hold Burst harmless for the foregoing. You are solely responsible for obtaining all equipment and telecommunication services necessary to access the Site and the Services, and for all the fees associated therewith (such as computing devices, mobile devices and Internet service provider and airtime charges).
Burst endeavors to use reasonable security measures to protect against unauthorized access to your account. Burst cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, nor can Burst guarantee that its security measures will prevent third-party “hackers” from illegally accessing the Site or its contents.
YOUR USE OF USER INFORMATION
USER CONTENT; PROHIBITED USES; BURST’S RIGHT TO USE USER CONTENT
The Site includes media hosting and storage services, discussion forums, communications and content sharing technologies and other interactive functions and areas in which you or other users may post or transmit video, digital media, text, music, messages, information or other content or materials (collectively, “User Content”). You are solely responsible for the User Content you post, transmit or view through the Site and the Services and/or any User Content that is posted through your Account, and you agree not to post, transmit or otherwise publish through the Site any of the following: (a) User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law; (c) User Content that violates the personal, privacy or publicity rights of any other person, including rights to control the use a person’s name, image, photo, voice or signature, or that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any person or entity; (d) User Content that impersonates any person or entity or misrepresents your affiliation with a person or entity; (e) unsolicited promotions, political campaigning, advertising or solicitations; (f) private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers; (g) viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Burst, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, our Services, or which may expose Burst or its users to any harm or liability of any nature, including, but not limited to, any degradation, devaluation or other diminishment of the quality, character or value of Burst.
Although Burst reserves the right to prohibit or otherwise restrict access and/or certain activities in these Terms of Service, Burst does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto or resulting therefrom, or for the nature of the User Content you may encounter. You acknowledge and agree that your use of the Site and the Services, and your viewing, sharing or otherwise using any User Content, is solely at your own risk.
You retain the copyright and other ownership rights of any User Content you post on the Site, all to the full extent of your rights therein. By uploading and/or posting any User Content to the Site, you hereby grant Burst a perpetual, nonexclusive, fully-paid, royalty-free, worldwide right and license to use all such User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content and to provide the Services, including, but not limited to, encoding and making multiple copies of your Content for online streaming and storage. You represent and warrant that (a) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service, will not violate any rights of or cause injury to any person or entity, and will not otherwise violate any applicable law.
ENTERPRISE/BUSINESS ACCOUNTS AND USER CONTENT
For those with enterprise or business accounts with Burst (“Business User”), Burst may make available certain features, software code, and/or technology to allow the Business User to provide Burst services and/or functionality on the Business User’s own website(s).
Business Users are responsible for ensuring that the content posted through the Burst Products or Services on Business User’s website(s) complies with applicable law and these Terms of Service. Burst reserves the right to remove content, and/or to suspend or terminate access to Burst Products or Services upon receiving notice of unlawful or infringing content posted through a Business User’s account.
In addition to these Terms of Services, enterprise/business accounts and Business Users may be subject to additional terms pursuant to a separate written agreement between Burst and the client. To the extent there is a conflict between these Terms of Service and any such written agreement, the written agreement signed by both Burst and the Business User will govern.
Certain activities on the Site and some levels of service provided by Burst require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all Account Information you provide is complete and accurate. In addition, you must be at least 13 to access the Site. By accessing the Site, you represent either that (1) you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms, or (2) you are 13 years of age or older and have obtained a parent’s or legal guardian’s consent to access the Site. The Company is committed to complying with the Children’s Online Privacy Protection Act of 1998.
TERMINATION OF INACTIVE ACCOUNTS; REFUNDS; RENEWALS
Any free account may be terminated and/or deleted from the system by Burst in its sole discretion if it remains inactive for a period of one hundred twenty (120) or more days. Being “active” means visiting the site and signing in. Burst may, but need not, attempt to send you an email before it takes one of the foregoing actions.
If you have purchased the Burst Services via an annual subscription, you have thirty (30) days after your purchase to cancel and receive a full refund. If you have purchased a monthly subscription, you have five (5) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Burst. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us at firstname.lastname@example.org.
Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Burst reserves the right to deny subscriptions, renewals, and other purchases for any reason.
When a Burst subscription ends, you will no longer be able to access the media in the account. You must renew in order regain access to your media. You should download the media before your subscription ends if you do not intend to renew.
Purchases of Services through Burst are subject to terms and conditions that are presented to you at the time of purchase.
INTERRUPTIONS OR DISCONTINUATION OF SERVICES
Burst reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Services, or portions thereof; including making changes to any policies, features and terms applicable thereto. If the Services, or any part thereof, to which you have access are permanently discontinued or cancelled by Burst, Burst will have no further liability to you. In addition, there may be occasions when the Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. BURST WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY COST, CLAIMS, DAMAGES OR ANY EXPENSES OF ANY KIND OR NATURE (LEGAL, EQUITABLE OR OTHERWISE) RESULTING OR ARISING FROM ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS, VIDEOS OR OTHER MEDIA OR MATERIALS STORED ON THE SITE.
COPYRIGHT AND LIMITED LICENSE
The Site and all photos, video, digital media, code and other content and materials on the Site and the selection and arrangement thereof (collectively, but expressly excluding User Content, the “Site Materials”) are the property of Burst or its licensors or users and are protected by United States and international copyright laws. Burst grants you a limited, non-sublicensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Service and any other applicable terms or agreements you may enter into with Burst. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from: (a) the collection, copying or distribution of any portion of the Site or the Site Materials; (b) any resale, commercial use, commercial exploitation or distribution of the Site Materials; (c) modifying or otherwise making any derivative uses of the Site or any of the Site Materials; (d) scraping or otherwise using any data mining, robots or similar data gathering or extraction methods; (e) with the exception of your own videos and digital media, or others’ videos and digital media available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or (f) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Burst or the content owner, is strictly prohibited and will constitute a breach of the license granted herein and may result, in addition to any other right or remedy available to Burst, in immediate termination of your account(s).
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or through the Product or Services, please provide Burst with written notice of same (“Notice”). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. Your Notice of copyright infringement must include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your Notice to:
Burst.it Inc., 45 Turning Mill Road, Lexington, MA 02420.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, Burst has adopted a policy of terminating, in appropriate circumstances and at Burst’s sole discretion, account holders who are deemed to be repeat copyright infringers. Burst may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement. The foregoing are in addition to, and not in lieu of, any other right or remedy available to Burst.
TRADEMARKS, TRADE NAMES, LOGOS AND OTHER TRADE DRESS
“BURST”, “Burst”, the Burst logo, the look and feel of the Site, and any other Product or Service names, trademark, trade name, logos, trade dress or slogans of Burst, whether or not contained on the Site and whether or not registered, are the sole and exclusive property of Burst (collectively, the “Burst Marks”) and may not be copied, imitated or used without the express prior written permission of Burst in each instance. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You may create a text hyperlink to the Site, provided such link does not portray Burst or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Burst at any time. Further, you may not frame the Site without Burst’s express written consent. Burst makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site, or web sites linking to the Site. Burst provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that Burst’s terms and policies no longer govern.
THIRD PARTY CONTENT
Burst may, from time to time and at its discretion, host third party content on the Site (“Third Party Content”) solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by Burst of any Third Party Content. Burst makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.
Burst reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Site, the Services, the Products, these Terms of Service or any part thereof, with or without notice. You agree that Burst shall not be liable to you or to any third party for any such modification, suspension or discontinuance of any part of the Service.
DISCLAIMER OF WARRANTIES
THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BURST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES. BURST DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM BURST OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BURST IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, VIDEOS OR PHOTOGRAPHY. BURST ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BURST OR ITS DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS OR ATTORNEYS, OR ANY OF THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNATIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OR REVENUE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM BURST, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, MEDIA, OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BURST’S RECORDS, PROGRAMS OR SERVICES, WITH ALL OF THE FOREGOING LIMITATIONS APPLYING EVEN IF BURST OR ANY OTHER PARTY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BURST, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, EQUITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED THE AGGREGATE COMPENSATION YOU HAVE PAID WITHIN THE PAST TWELVE (12) MONTHS, IF ANY, TO BURST FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Burst, its parents, subsidiaries, affiliates, officers, employees and partners (the “Indemnified Parties”), harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party (“Claims”) due to or arising out of (a) your use or misuse of the Site or our Services, (b) the viewing of your content or video or other digital media by any party, (c) the violation of laws, rules, regulations or these Terms of Service by you, or (d) infringement claims arising out of publication or distribution of your content, by you, or by someone using your account.. The foregoing indemnification obligations apply equally to Business Users who agree to defend, indemnify and hold the Indemnified Parties harmless for all Claims arising out of (a) Business User’s or any of its and its end users’, use or misuse of the Site, our Services and/or Products; (b) the viewing of content or video or other digital media through our using our Site, Services and/or Products by any party, (c) the violation of laws, rules, regulations or these Terms of Service by Business User or its end users; or (d) infringement claims arising out of the reproduction or publication of Business Users’ content, by Business User or by any end user of Business User. Burst reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Burst in asserting any available defenses. Burst reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Burst in asserting any available defenses