Last Updated May 18, 2020
These Terms of Service (“TOS”) govern your use of products and services from Free Stream Media Corp., Samba, Samba TV, Hotlist, Spotlight, Launchpad or Flingo (collectively, “Samba”). YOUR CONTINUING USE OF SAMBA PRODUCTS OR SERVICES MEANS YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. These TOS may be updated from time to time.
You represent that (i) You are at least 18 years old, and (ii) You have read, understood, and agree to be bound by these TOS. If you are not at least 18 years old, you may not use Samba Products or Services.
2.3. Removal of Permission. You may disable Samba’s Smart TV Services at any time via the settings menu on your television.
2.4. Non-Circumvention. You agree not to circumvent any security measures implemented for the protection of Samba’s products or services. You understand and acknowledge that Samba’s software incorporates and uses proprietary technologies, materials, and content that is protected by copyright, patent, trade secret, and other applicable laws, and that any use or disclosure of our materials contrary to these TOS may cause substantial damage to us or our licensors, and may subject you to civil liabilities and/or criminal penalties.
Samba’s mobile applications provide interactive television features on your mobile device, and may require registration. When You register, you must choose a unique username and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your registration if you choose a username that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your mobile devices. You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately.
If you sign up for Samba’s marketing newsletters, you agree that Samba may collect and store your email address to send you marketing communications. You may unsubscribe from such communication at any time by clicking the unsubscribe link in the message sent to you.
Should you have any questions concerning this Agreement or need technical support, you may contact Samba support by emailing email@example.com.
Note, Samba’s software runs on hardware made and sold by other companies, such as television and set-top box manufacturers. If You are having an issue with Your equipment generally, and not with the Samba software specifically, please contact the manufacturer of Your device.
As between You and Samba, you acknowledge that Samba owns or has a license to all title and copyrights in and to the Samba Smart TV Services and Mobile Applications. All title and intellectual property rights in and to the Content in Samba is the property of the respective Content owner(s) or Content Provider and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. No right, title or interest in Content is transferred to You.
If You send us any submissions (e.g., emails, letters, text messages, postings to chat rooms, boards, or contests), feedback, creative suggestions, ideas, notes, drawings, concepts, or other information, they will be deemed to be our property and we will not be liable for any use or disclosure of such submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. The content of any submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
6.1. Samba Trademarks And Third-party Trademarks
The following are registered trademarks or trademarks of Samba: Samba™, and its design logo, as well as certain other Samba Trademarks, service marks, graphics, and logos (collectively, the “Samba Trademarks”) used in connection with Samba. Samba may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Samba Trademarks or the trademarks of any third party.
8.1. Samba’s products and services (including any software contained therein) and any upgrades or plug-ins and any content are licensed to you “as is.” To the maximum extent permitted by applicable law, Samba disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Samba makes no representations or guarantees that Samba products or services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Samba disclaims any liability relating thereto.
8.2. Samba makes no guarantees, representations, or warranties that use or results of the use of samba will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, samba may modify, suspend, or discontinue Samba products or services or your use of them.
8.3. Some of the content, products, and services available through Samba may include materials that belong to third parties. You acknowledge that samba assumes no responsibility for such content, products or services.
9.1. In no event will Samba be liable to You for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if Samba has been advised of the possibility of such damages. No oral or written information or advice given by Samba or others will create a warranty of any sort for the Samba products and services. To the extent Your jurisdiction does not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, the above exclusions and limitations will not apply.
9.2. Samba’s entire liability and Your exclusive remedy under this agreement will be limited to the greater of one dollar (us $1.00) or the total amount paid by You for the applicable Samba products or services at issue.
You will indemnify and hold Samba, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) Your breach of this agreement, including, but not limited to, any infringement by You of the copyright or intellectual property rights of any third party; or (ii) your use of the Samba products or services.
11.1. Samba or its partners may present advertisements or promotional materials via the Samba products or services. Your dealings with, or participation in promotions of any third-party advertisers via Samba are solely between You and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Samba is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials via Samba.
11.2. This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute between You and Samba will be in the state and federal courts located in the County of San Francisco, California.