Premstream provides live streams, recorded videos, and collections, including pay-per-view access. Your agreement is with PREMSTREAM PREMIUM EVENT STREAMING SERVICES INC. (the Platform, we, us). Our business address and contact details must be published in the Platform's legal or contact information and accessible before registration or purchase. A Creator is a person or organization supplying, uploading, streaming, or promoting content. Content includes video, audio, images, descriptions, previews, links, messages, and other submissions.
These terms replace our earlier Terms of Use for users who accept this version, without retrospectively removing accrued rights. They apply to all users where relevant, with additional obligations for Creators. Mandatory legal rights prevail. Specific purchase terms and Creator commercial schedules may supplement these terms but must not reduce the buyer protections stated here.
Buyers purchase content and event access directly from the Creator identified in the listing and checkout. PREMSTREAM PREMIUM EVENT STREAMING SERVICES INC. acts as the technology and transaction intermediary and provides hosting, access tools, and payment facilitation. The Creator is the seller and is responsible for its offers, content rights, event production, delivery commitments, buyer invoices, applicable taxes, refunds, and content-related disputes. Each Creator appoints us as its limited agent to facilitate transactions and administer payments and refunds on its behalf as described here. Collection of payments through the Platform and deduction of our agreed fees do not, by themselves, make us the seller. The Creator remains responsible even when receipts are paid out after we deduct our fees. Our legal role and any nonwaivable duties remain subject to applicable law and the actual transaction arrangements.
For support, safety reports, privacy requests, security incidents, and copyright notices, contact us through the support or contact channels published on the Platform and identify the nature of your request.
Creators must be at least 18 and have reached the age of majority where they reside, or act through an eligible legal entity with an authorized adult representative. Other users must meet applicable legal minimum age requirements and obtain parental or guardian authorization where required. You must have authority to enter these terms and comply with applicable age and geographic restrictions.
Creators must provide accurate identity, business, tax, beneficial-owner, and payout information requested for onboarding or ongoing verification, and keep it current. Do not impersonate others, use another person’s payment account without authorization, conceal the actual seller, or evade restrictions by creating replacement accounts. Payment access may remain unavailable until required checks are completed.
Protect passwords, use available multifactor authentication, restrict staff access, and promptly report suspected compromise. You remain responsible for people you authorize to manage your account, subject to applicable law and the Platform’s own responsibilities.
Creators must review content before publication and monitor their live streams and associated interactions. These rules apply to free and paid material, previews, external links used to deliver a purchase, and attempts to arrange prohibited activity through messages.
Accurately label material that warrants viewer warnings and use available audience restrictions. Such labels do not permit prohibited content. Legitimate reporting, documentary, or educational context will be considered, but does not excuse illegality, missing rights, or payment-provider restrictions.
Payments are handled through third-party payment processors. Creators must complete required identity and business verification, provide accurate account information, establish their authority to receive payouts, and cooperate with lawful fraud, sanctions, and anti-money-laundering checks. Payment availability is subject to the processor accepting the Creator, activity, country, and currency.
Do not use the Platform for illegal or sanctioned transactions, prohibited sexual content or services, unauthorized gambling or prize schemes, pyramid or investment scams, deceptive fundraising, stolen goods or data, counterfeit or infringing products, or unlicensed regulated services. Do not use the Platform as a money-transfer, cash-advance, currency-exchange, or payment-processing service for others. Transactions must relate to genuine, accurately described, permitted content or services delivered by the identified Creator.
Do not misdescribe your business, disguise prohibited sales, split transactions to evade controls, process payments for undisclosed third parties, generate fictitious purchases, misuse payment credentials, manipulate refunds or disputes, or disguise personal money transfers as purchases. Tips, if offered, must relate to permitted creator activity and must not route money between users.
Creators must hold legally required licenses and obtain prior written Platform approval before offering regulated activities or materially changing their business model. We may request compliance evidence, suspend transactions, or require content removal for reasonable legal, fraud, security, or payment-processing concerns. Additional restrictions applicable to a Creator's activity will be communicated before affected sales are permitted. Platform permission does not guarantee payment-processing availability; third-party payment processors may independently restrict or refuse service.
Creators retain ownership of their content. Before publication, you must own or hold sufficient rights and permissions for every element, including music, footage, performances, likenesses, venue rights, and broadcasts, for the territories, audience, and paid distribution offered. Keep evidence and provide it on reasonable request. Ownership of every element is not required where a valid license or applicable legal exception permits the use.
You grant us a nonexclusive, worldwide, royalty-free license to host, copy, encode, transcode, deliver, display, and perform your submitted content solely to operate, secure, moderate, and provide the Platform and fulfill authorized purchases. We may sublicense these rights to service providers only as necessary for those purposes. Public previews you designate may be used to promote your listing; other advertising uses require your separate permission.
This license ends after removal except for reasonable backup cycles, legal preservation, and continued delivery of purchases where lawful and expressly included in the buyer’s access terms. We will restrict access to retained material to its permitted purpose. No license is granted to train general-purpose AI models on Creator content.
Before payment, the listing and checkout must identify the seller of record, content description, total price, currency, applicable taxes and fees, access duration, event time and time zone, replay availability, technical requirements, and any material geographic or device limitations. Creators must disclose material changes promptly and must not promise perpetual access unless expressly offered and supported.
A purchase grants a limited, personal, nontransferable viewing license for the access period displayed at checkout. Downloads, redistribution, public screenings, recording, resale, and account sharing require express permission or an applicable legal right. No automatic recurring charge is authorized by a one-time purchase. Any subscription requires separately disclosed renewal terms and a lawful cancellation mechanism.
Creators must deliver each paid live event at the advertised date and time with the material features promised. If an event is cancelled, never takes place, or is not made available to purchasers as a live event because of a material delivery failure, every purchaser of the affected event is entitled to a full refund of all amounts charged for that event, including mandatory booking or service fees and applicable taxes. For a bundle containing other delivered content, refund at least the full amount attributable to the undelivered event, without limiting any right to a refund for the entire bundle. Creators must promptly notify us and affected purchasers, stop further sales, and authorize and cooperate with refunds without requiring individual refund requests.
A postponed event, replacement event, recording, voucher, or credit may replace a refund only if the purchaser freely and expressly chooses it after being told of the refund entitlement. Refunds must not depend on a Creator receiving a payout, having sufficient funds, or recovering costs from another party. Refunds must be initiated without undue delay and within applicable legal deadlines, normally to the original payment method. Circumstances beyond a Creator's control do not remove the purchaser's refund entitlement under this section.
The Creator must fund or reimburse required refunds and pay related nonrefundable processing charges, refund fees, chargeback fees, and documented third-party payment-processor or payment-network penalty fees to the extent attributable to the Creator's cancellation, non-delivery, breach, or misconduct and legally recoverable. A separate Platform cancellation or non-delivery fee is payable only if its amount or calculation was clearly disclosed to and accepted by the Creator before event sales began and it is lawful and proportionate. Buyers must not pay these fees or have them deducted from refunds. No amount may be recovered twice. Creators are not responsible for fees or losses caused by the Platform's own breach or negligence.
Where permitted by law, we may initiate refunds on the Creator's behalf, deduct amounts owed under this section from available balances or future payouts, maintain proportionate reserves for outstanding event liabilities, and invoice a remaining shortfall. We will provide an itemized explanation of fees and deductions. Creators must pay properly supported outstanding invoices by the stated reasonable due date. Failure to fund refunds may result in suspended sales or termination and does not extinguish the refund obligation.
A purchase becomes binding when payment is confirmed and an order confirmation is issued. If fulfillment cannot be confirmed, any collected payment must be refunded. Before submitting an order, buyers must have an opportunity to review and correct it. The confirmation must provide a retainable record of the seller, purchased content, price, access conditions, refund terms, and applicable terms version.
You authorize the disclosed charge when you submit a purchase. Change-of-mind refunds are available only if stated in the applicable offer or required by law. This does not exclude remedies for duplicate or unauthorized charges, undelivered content, cancelled events, materially misdescribed purchases, or other circumstances requiring a refund or remedy under applicable law. Report problems to our published customer support channel with the transaction reference. Any proposed replacement or rescheduling remains subject to your mandatory rights.
You may contact support for assistance, but doing so is not a condition of exercising lawful chargeback, payment-dispute, or consumer rights. We will not penalize a user solely for making a good-faith dispute. Deliberate fraud or knowingly false claims may be investigated and addressed on supporting evidence. Any immediate-delivery consent or withdrawal-right acknowledgment required by law must be collected separately before delivery; accepting these terms alone does not provide it.
Applicable commissions, processing fees, payout timing, reserves, and other commercial conditions will be disclosed during Creator onboarding, in the dashboard, or in a separate agreement before they apply. Creators are responsible for refunds and costs allocated to them by these terms and additional commercial conditions they accept. Additional fixed fees must be disclosed and accepted before affected sales; new fees will not be imposed retroactively.
Creators must fulfill their offers, cooperate with legitimate complaints, and provide accurate delivery records. Refunds, disputes, reversals, and demonstrable losses attributable to a Creator may be deducted or recovered only as permitted by the agreed commercial terms and law. We may apply documented, proportionate reserves or temporary payout holds for verification, suspected fraud, pending disputes, or legal or provider requirements under the agreed policy. We will explain the reason and release conditions where legally permitted and periodically review continuing holds. Legitimate earned funds are not automatically forfeited upon termination.
Each party is responsible for taxes and reporting legally assigned to it. Creators are responsible for required buyer invoices and transaction taxes unless law assigns a collection, invoicing, or reporting duty to the Platform. We may provide transaction records and invoices on a Creator's behalf. Creators are responsible for taxes on their receipts; we are responsible for taxes on our own fees. Creator receipts are disbursed after agreed Platform fees, refunds, reserves, and other authorized deductions.
“User Data” includes buyer identities, contact details, purchases, viewing activity, messages, device information, demographics, and any other personal information received through the Platform. Creators receive only information necessary for a disclosed, lawful purpose, as described in our separately published Privacy Policy. A purchase is not blanket permission for marketing, demographic disclosure, or unrelated processing. Use Platform messaging where available instead of exporting contact details.
Creators may use authorized User Data only to fulfill the relevant purchase, provide requested support and essential service notices, prevent fraud, or meet specific legal obligations. Promotional messages, including offers for additional content, require separate, recorded, express opt-in under this Platform policy and compliance with applicable marketing law. Consent must be optional, identify the sender and purpose, and be withdrawable. Marketing must identify the sender and include a working unsubscribe method; honor withdrawals promptly and within legal deadlines.
Access must be limited to authorized personnel with a need to know. Use appropriate access controls, multifactor authentication where available, encryption, secure devices, and confidentiality obligations. Necessary service providers require prior Platform authorization and written privacy and security duties; they may not reuse the data for their own purposes. International transfers require applicable safeguards.
Retain data only as long as necessary for the permitted purpose or a specific legal duty. On completion, account termination, withdrawal where applicable, or a valid deletion instruction, securely delete unnecessary copies and require authorized providers to do the same. Keep legally required records separately with restricted access, and retain only minimal suppression information needed to honor marketing opt-outs.
Report actual or reasonably suspected unauthorized access, loss, disclosure, or misuse to the Platform through its published privacy or customer support channel without undue delay and in any event within 24 hours of discovery. This is a contractual reporting deadline to the Platform, not a substitute for statutory notifications. Contain the incident, preserve evidence securely, provide updates, and cooperate with remediation. Do not delay reporting until an investigation is complete.
Assist promptly with lawful access, correction, deletion, objection, and other privacy requests. Do not mislead users about their rights. Where acting independently, a Creator must provide its own required privacy disclosures; where acting on our instructions, it must follow documented instructions and any required data-processing agreement. These terms do not by themselves determine the parties’ legal privacy roles or replace such an agreement.
Report suspected violations to our published reporting or customer support channel and copyright concerns to our published copyright or customer support channel, identifying the material, its location, the concern, and relevant supporting details. Rights holders should identify the protected work, their authority, contact details, and the legal basis for the complaint. We may request further information under the applicable notice procedure. Do not send or redistribute illegal imagery with a report; provide its location and relevant non-illegal details.
We may review content and relevant account activity, request proof of rights, remove or restrict content, stop a stream, disable data access, suspend sales, or terminate an account for substantiated violations or reasonable safety, legal, fraud, or payment risks. We may act immediately where delay would create risk. Repeated or serious violations may result in permanent removal. We will provide reasons and an opportunity to appeal where practicable and legally permitted.
Send an appeal with the account and content references and supporting information to our published customer support channel, clearly identifying the request as an appeal. We will review relevant evidence and correct errors where identified. Copyright counter-notice, restoration, designated-agent, and repeat-infringer procedures will follow the laws applicable to the service; a general email process does not replace legally required procedures. We may preserve and disclose evidence where lawfully required or permitted, including mandatory child-protection reports.
We may request proportionate evidence of Creator compliance, including licensing records, consent logs, data-access records, and deletion confirmation. Supply evidence securely and minimize unnecessary personal information. False reports, retaliatory complaints, and attempts to evade enforcement are prohibited.
You may stop using the Platform and request account closure through account settings where available or by contacting customer support. Closure does not cancel outstanding lawful obligations. Where permitted and feasible, Creators must honor existing purchases or cooperate in providing required remedies. We may retain necessary transaction, security, and legal records in accordance with our Privacy Policy. Data-use restrictions, accrued payment duties, and provisions intended by their nature to survive will continue.
Creators are responsible for their own unlawful content, rights violations, misleading offers, and misuse of User Data. To the extent permitted by law, a Creator must indemnify us against third-party claims and reasonable associated costs caused by those acts or its material breach. We must notify the Creator promptly, allow reasonable participation in the defense, and obtain consent before any settlement imposing an admission or nonmonetary obligation on the Creator. This obligation excludes losses caused by our own unlawful conduct or negligence.
We exercise reasonable care in providing the Platform but cannot promise uninterrupted or error-free service, compatibility with every device, or the accuracy of every Creator statement. Except for express commitments and mandatory rights, the service is provided as available without additional warranties to the extent permitted by law. To the extent permitted by law, neither party is liable to the other for unforeseeable losses or indirect or consequential business losses. This does not exclude buyer refunds, Creator payment obligations expressly assumed here, or responsibility that cannot lawfully be excluded, including fraud, willful misconduct, and applicable statutory consumer or privacy remedies.
You are responsible for your own unlawful or abusive use and resulting third-party claims to the extent caused by your breach and permitted by law. The indemnity and defense safeguards above apply to such claims. No indemnity shifts responsibility for our own unlawful conduct or negligence to a user. Nothing prevents complaints to regulators, lawful payment disputes, or access to a mandatory consumer forum. These terms are governed by the laws of the jurisdiction in which the Platform operator is established, with disputes heard in its competent courts, subject to mandatory consumer protections and jurisdiction rules.
We will identify the effective date and provide reasonable advance notice of material changes through the Platform or an appropriate contact channel, except where an earlier change is required for law, security, or payment-provider compliance. We will explain urgent changes as soon as practicable. Changes will not retroactively remove accrued consumer rights or alter completed purchases unlawfully. Where affirmative acceptance is required, we will obtain it before applying the change. Users who disagree may stop using the service, subject to outstanding obligations and applicable remedies.
Users must be given these terms before registration or purchase and affirmatively accept them where an agreement is required. Creators must affirmatively accept before publishing or selling. We will retain the accepted version, timestamp, and account or transaction reference and make a retainable copy available. Material amendments requiring new consent will be presented for acceptance before the affected activity continues. A failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions continue to the extent legally permitted.
Creators must test production equipment and connectivity, secure event permissions, and promptly report delivery risks. Prerecorded content must not be advertised as live. An advertised replay is an additional obligation and does not replace a failed live event without the buyer's express choice.
A material failure includes cancellation, inability to access the stream caused by us or the Creator, a substantial delay defeating the advertised time-sensitive purpose, loss of audio or video preventing meaningful viewing of a substantial or essential part, or absence of a headline performer or other essential feature expressly promised. Brief interruptions or minor running-order changes do not automatically require a full refund. We will consider duration, importance, actual access, delivery records, and buyer evidence.
Failure to deliver the essential live experience entitles affected purchasers to a full event refund. For a separable, nonessential portion not delivered, buyers may choose a reasonable proportionate refund reflecting the missing portion's advertised value, without limiting greater legal remedies. Material changes announced before the event must be notified promptly, with cancellation and refund offered where the essential promised experience changes. Low attendance, production costs, illness, weather, or circumstances beyond a Creator's control do not remove buyer refund rights under these terms.
For an undelivered event within a bundle, use the price allocation disclosed before purchase. If none was disclosed, allocate the bundle price in proportion to genuine standalone component prices at purchase; if reliable standalone prices do not exist, divide it equally among separately advertised components. Allocate mandatory fees and taxes proportionately. Artificial prices must not diminish refunds. Refund the entire bundle if the failed event was its essential purpose or law requires it.
A problem confined to a buyer's unsupported device, local connection, or failure to meet technical requirements clearly disclosed before purchase does not automatically establish non-delivery by us. We will provide reasonable troubleshooting and assess contrary evidence. This exception does not apply to inaccurate or undisclosed requirements or failures caused by us or the Creator.
The Creator must arrange and fund an established refund within 14 calendar days after cancellation or confirmation of entitlement, or sooner where law requires. Creators authorize us to administer those refunds from funds we hold or through other lawfully authorized payment arrangements. We will promptly process authorized refunds where technically and legally possible and cooperate with tracing failed payments. This authority does not make us a guarantor of a Creator's obligations or require us to advance our own funds, except where law or an express commitment requires otherwise. Settlement times may affect when money appears. Provider restrictions or insufficient Creator funds do not extinguish the Creator's refund obligation. Alternative repayment requires appropriate verification and must not impose an extra buyer charge.
Before paid sales begin, we and the Creator must agree on the revenue-share rate or calculation, revenue base, discounts and taxes, permitted deductions, currency, payout frequency, and any minimum payout threshold. These commercial terms must be retainable and accepted before sales. These terms alone do not authorize an undisclosed commission or change an existing rate. An offering must not begin if required commercial terms have not been agreed.
Creator statements will show receipts, refunds, agreed deductions, revenue-share calculations, reserves, and payouts. We will explain corrections and investigate reported discrepancies. Changed rates apply prospectively after notice and acceptance where required; they do not reduce revenue already earned under an earlier rate.
In addition to section 6 obligations, a Creator responsible for cancellation or non-delivery must reimburse reasonable, documented, incremental administration costs. This cancellation administration charge equals actual staff time reasonably spent notifying buyers, processing refunds, and handling related support, multiplied by the actual employment or contractor cost of that time, plus necessary external incident-administration expenses. It excludes ordinary overhead, profit markups, duplicate recoveries, and costs caused by our breach or negligence. We will provide an itemized calculation. Any additional fixed or percentage cancellation penalty requires a separate amount or formula accepted before sales and must be lawful and proportionate.
Reserves must be reasonably related to identified unfulfilled events, likely refunds, disputes, or documented liabilities. We will disclose the basis, amount or calculation, review date, and release conditions where permitted. We will review ongoing reserves at least every 30 calendar days and release amounts no longer reasonably needed. Unrelated funds must not be withheld without a separate justified basis. Legal freezes or provider restrictions may prevent release; where permitted we will explain them and review changes in circumstances.
Available, undisputed amounts will be paid under the accepted schedule once funds settle and verification is complete. We will notify Creators of material delays where permitted. Closure does not erase earned balances; remaining funds will be reconciled and paid once applicable liabilities and justified holds are resolved.
Properly itemized Creator invoices for refunds and recoverable costs are due within 30 calendar days of receipt unless otherwise expressly agreed. Creators may dispute items in good faith with supporting reasons; undisputed amounts remain payable. Recovery must be authorized and lawful. These terms do not authorize unrestricted external bank or card debits; a separate mandate must be obtained where required.
Creator restrictions supplement our own privacy duties. We will maintain a separate, accessible Privacy Policy identifying the responsible organization and privacy contact and explaining actual information categories and sources, purposes and legal bases where applicable, recipients, Creator access, international transfers and safeguards, retention periods or criteria, security practices, rights, and complaint routes. Material processing must be disclosed before it begins; these terms do not authorize undisclosed uses.
We will limit collection and access to what is reasonably necessary, apply appropriate safeguards, and require relevant providers to protect information under suitable agreements. We will handle incidents and mandatory notifications according to applicable law. Privacy requests may be submitted through published privacy or support channels. We will verify identity proportionately, respond within legal deadlines, and explain lawful refusals or retention exceptions. Users may complain to a competent privacy regulator.
A purchase or acceptance of these terms does not provide consent to optional advertising, unrelated marketing, or nonessential tracking. We will provide notices and obtain consent where required before such processing, with appropriate withdrawal controls. Necessary authentication, checkout, and fraud-prevention technologies remain subject to applicable requirements. The separate Privacy Policy must describe actual deployed technologies; this clause does not assert that any particular advertising or analytics service is used.
Creators processing information solely on our behalf must follow documented instructions, protect confidentiality, assist with rights requests and incidents, and permit proportionate compliance verification. Where required, a separate processing agreement must define the processing and responsibilities before access begins. Creators independently determining lawful purposes remain responsible for their own disclosures and duties.
Send complaints through the published copyright channel identifying the protected work, challenged material and location, contact details, authority, and the basis of unauthorized use. Consider licenses and legal exceptions. We will assess sufficiently detailed complaints, act promptly when required, and notify affected Creators where lawful. We terminate repeat infringers in appropriate circumstances and may terminate for a single serious infringement.
Where the US DMCA procedure applies, notices must include a signature, identification of the work and material, contact details, a good-faith unauthorized-use statement, and an accuracy and authority statement under penalty of perjury. Counter-notices must include a signature, material identification and former location, a mistake-or-misidentification statement under penalty of perjury, contact details, consent to the required US federal court jurisdiction, and acceptance of service from the complainant. We will forward valid counter-notices and follow applicable restoration rules, generally 10–14 business days unless notified of qualifying court action. Our designated agent's details must be published and registered where required.
Other applicable statutory procedures and court orders take priority. Restoration under copyright procedures does not require hosting material independently prohibited by another lawful rule. Knowingly false notices may have legal consequences. Complaint information may be shared as necessary for the procedure, subject to legal and safety requirements.
A purchase becomes binding when payment is confirmed and an order confirmation is issued. Collected funds must be refunded if fulfillment cannot be confirmed. Buyers must have an opportunity to review and correct orders before submission. Confirmation must provide a retainable record of the seller, purchased content, price, access conditions, refund terms, and applicable terms version.
We may maintain or change Platform features subject to applicable law and express commitments. Creators remain responsible for delivering the access period they sell and for required refunds if content is removed or a service closure prevents fulfillment. Creators must not delete content to evade delivery obligations. We will notify affected Creators and facilitate appropriate buyer communications and authorized refunds where practicable. Immediate restrictions may be necessary for safety or legal reasons. Nothing in this allocation excludes responsibility imposed on us by law or arising from our own non-excludable conduct.
Buyers must direct content, event, delivery, and Creator refund disputes to the identified Creator through the published Creator contact or authorized Platform channel. Creators must provide a working dispute contact, acknowledge complaints promptly, investigate, and communicate their proposed resolution. If that route is unavailable, buyers may contact Platform support to route the complaint, report misconduct, or request permitted payment assistance. Platform assistance does not assume the Creator's contractual obligations. Disputes concerning our own services or conduct may be reported to us directly. Nothing makes either internal process a prerequisite to a nonwaivable remedy, lawful payment dispute, or urgent court relief.
Our software, branding, and other supplied material remain ours or our licensors' property. Users receive only rights necessary for authorized use. Creators act as independent suppliers, with no authority to bind us or claim to be our employees or agents. Transfers by us must preserve accrued buyer rights and comply with notice requirements; Creators need approval before account transfers because verification may be required.
These terms, accepted purchase conditions, and accepted Creator commercial agreements form the agreement for their respective subjects. A specific accepted commercial provision controls a commercial conflict only where lawful and without reducing buyer protections. The Privacy Policy supplies separate processing disclosures and is not blanket consent. Notices will use appropriate Platform or supplied contact channels. No clause authorizes conduct prohibited by law.
Read this section carefully: it limits certain claims and recoverable losses to the extent permitted by applicable law. It applies to both users and Creators and to claims relating to the Platform, website, applications, software, streaming infrastructure, and associated services, whether framed in contract, tort, negligence, or another legal theory. It does not override the mandatory rights and exceptions stated below.
No internet service is continuously available or completely secure. Interruptions, maintenance, software defects, compatibility problems, transmission delays, hosting or telecommunications failures, cyberattacks, unauthorized access, and loss or corruption of data may occur. We do not guarantee uninterrupted operation, delivery without delay, or immunity from hacking. Creators must retain independent copies of their original content and production records, and users must secure their own accounts and devices. These precautions do not transfer our own legal security responsibilities to users.
To the fullest extent permitted by law, we are not responsible for failures caused solely by circumstances outside our reasonable control where we have complied with our applicable duties and taken reasonable steps to prevent or mitigate the consequences. The occurrence of an outage, software failure, or unauthorized access alone does not establish a breach by us. This clause does not exclude responsibility for our own breach, inadequate legally required safeguards, or other conduct for which liability cannot lawfully be excluded.
To the fullest extent permitted by law, neither PREMSTREAM PREMIUM EVENT STREAMING SERVICES INC. nor its officers, employees, or service providers acting in connection with the Platform will be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising from use of or inability to use the Platform, including lost business opportunities, anticipated profits, goodwill, or consequential losses resulting from lost data, even if the possibility was disclosed. Direct losses and mandatory remedies remain subject to applicable law and the other express provisions of these terms. These exclusions do not extinguish earned Creator payments, required buyer refunds, or other expressly payable amounts.
Creators are responsible for the substance, accuracy, licensing, production, and delivery of their content and events, their communications, and their use of User Data. Buyers must pursue disputes arising solely from those Creator obligations directly with the relevant Creator. Creators must respond promptly, investigate in good faith, supply evidence, and cooperate with resolution. To the fullest extent permitted by law, users release the Platform and its officers and employees from claims arising solely from a Creator's acts, omissions, or failure to fulfill its purchase contract, and agree not to bring or maintain proceedings against them on that basis. Creators likewise agree not to pursue us for claims arising solely from another user's independent conduct. This covenant does not cover claims based on our own breach or conduct, or rights and liabilities that cannot lawfully be waived.
PremStream does not guarantee a Creator's performance, solvency, or voluntary resolution of a dispute. A Creator's failure to respond does not transfer its obligations to us. We may assist with complaint routing, enforcement, or payment administration without becoming the seller or accepting the Creator's liability. Platform outages, account problems, security incidents, concerns about our conduct, and requests to use refund tools may be reported directly to us. Users and Creators remain entitled to pursue rights that applicable law preserves against the person legally responsible.
By accepting these terms and using PremStream, each user and Creator agrees, to the fullest extent permitted by applicable law, to waive and release claims against PREMSTREAM PREMIUM EVENT STREAMING SERVICES INC. and its directors, officers, and employees arising out of or relating to access to, use of, or inability to use the Platform and its website, software, streaming infrastructure, and associated services, and agrees not to commence or maintain legal proceedings against them for claims validly waived under this paragraph. Subject to the exceptions below, this waiver includes claims concerning outages, interruptions, delays, software defects, compatibility failures, cyberattacks, website or account hacking, unauthorized access, data loss or corruption, and ordinary negligence relating to those matters, but only where such a waiver is lawful. It applies to Platform-related claims generally and is additional to the narrower release concerning independent Creator conduct above.
This is a limited contractual waiver, not immunity from every lawsuit. It does not release fraud, willful misconduct, gross negligence, non-excludable liability for death or personal injury, or any consumer, privacy, security, or other right or responsibility that applicable law prohibits waiving. It does not extinguish refunds, earned Creator payments, or other amounts expressly payable under these terms. It does not waive legally required safeguards or incident notifications, prevent regulatory reporting or cooperation, restrict lawful payment disputes, or bar proceedings to determine whether a claim is legally capable of being waived. Claims falling outside the valid scope of the waiver remain available, including urgent protective relief where appropriate.
We will present this waiver conspicuously before acceptance. Mere browsing without legally sufficient notice and assent does not by itself establish acceptance of a waiver. No user or Creator is required to waive a nonwaivable right as a condition of service. Each limitation applies separately and only as far as lawful; an invalid limitation does not expand another limitation.