Only Integrators Viewer Terms of Service Agreement

Last updated: October 11, 2022

This Only Integrators Viewer Terms of Service Agreement (“Agreement”) is between you and OnlyIntegrators.com, Inc. (for the purposes hereof, “OI,” “we” or “us”). The Agreement governs your use of the “Only Integrators Streaming Service,” an online platform that allows custom integrators like you to view content from Only Integrators contributors.

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading Producer-branded applications that we power, or otherwise visiting or using the OI Service, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the OI Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the OI Service, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof or any reason we deem necessary. If OI deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).

2. Accounts

Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from OI and the Producers of the Programs you purchase at this email address. You must keep your email address valid and current so that we are able to contact you.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the OI Service.

Parents and Guardians: By granting your child permission to use the OI Service through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

3. Privacy

By creating an account, you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. OI is not responsible for a Producer’s use or disclosure of your data. Please refer to the applicable Producer’s Privacy Policy for more information about how your data is handled when you interact with Producer-branded websites and applications.

4. Licenses and Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: Programs made available within a channel that you have subscribed to during your subscription period.

Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by OI.

OI Service: Subject to the terms hereof, OI grants you permission to use the OI Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by OI are reserved.

Apps: If you download an application that we power (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on permitted devices, OI shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

Your Content; Feedback: To the extent that you submit any content to OI (i.e. in your profile, a comment, or forum), you grant OI an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 5. If you make suggestions to OI on improving our products or services, OI may use your suggestions without any compensation to you.

5. Acceptable Use Policy

We may allow you to upload, submit, or publish (collectively, to “submit”) content such as images and text (collectively, “content”). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. OI may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. OI may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

5.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send OI a takedown notice as stated in our Copyright Policy if they believe OI is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

5.2 Content Restrictions

You may not submit any content that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is defamatory;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terror or hate groups;
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
Contains false or misleading information about voting or seeks to obstruct voting;
Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
Violates any applicable law.

5.3 Code of Conduct

In using the OI Service, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others without their authorization;
Access another’s account except as permitted herein;
Use or export any of our services in violation of any U.S. law;
Act in a manner that would subject OI to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
Engage in any unlawful activity; or
Cause or encourage others to do any of the above.

5.4 Prohibited Technical Measures

You will not:

Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the OI Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the OI Service or any output thereof without our permission;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage the OI Service.

5.5 Restricted Users

You may not use the OI Service if you:

are a terror or hate group or a member thereof;
have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
are subject to sanctions by a non-U.S. government such that your use of the OI Service would violate applicable law.
You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.

6. Disclaimers

YOUR USE OF THE OI SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. OI PROVIDES THE OI SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, OI makes no representations or warranties concerning:

The availability of the OI Service in a particular jurisdiction.
The availability of the OI Service for any particular device, operating system, or browser.
The continued support for a particular feature of the OI Service.
The viewing quality of any Program. OI does not guarantee that you will be able to use the OI Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not OI.
The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
Any Producer’s actions or omissions with respect to your personal information.
Producers may provide links to other Producer websites or third-party websites. OI is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OI, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER OI USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO OI OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not OI (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

8. Indemnification

You shall indemnify, defend, and hold harmless OI and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

9. General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the OI Service will be governed by the laws of the state of Florida and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Broward County, Florida. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both OI and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

No Waiver: The failure of OI (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither OI nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

Entire Agreement: This Agreement incorporates by reference the OI Privacy Policy, Arbitration Procedures, and Copyright Policy. Except for links to these documents, links to pages on the OI website or any third party materials are for convenience only and do not form part of this Agreement.

This Agreement sets forth the entire understanding between you and OI concerning your use of the OI Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the OI website and will apply prospectively.

The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.