1. Service Description
CivicPlus Video (“Video Services”) means the hosted software platform and related functionality made available by CivicPlus that enables Customer to conduct live video streaming, on-demand hosting, storage, transmission, and distribution of audiovisual content, together with any analytics, administrative dashboards, and ancillary features provided by CivicPlus in its discretion. CivicPlus provides only the technical platform for the Video Services and does not act as a broadcaster, publisher, or distributor of any Customer Content (as defined below).
2. Acceptable Use Limits and Overage Fees
Certain features and components of the Video Services are subject to monthly usage limitations, including, without limitation, storage capacity, bandwidth consumption, and concurrent stream counts (collectively, “Acceptable Use Limits”). The applicable Acceptable Use Limits, Customer’s actual usage data, and the rates for any usage in excess of such limits (“Overage Fees”) are posted in the “Services” tab of the CivicPlus Video dashboard and are hereby incorporated by reference into the applicable Statement of Work (“SOW”) as if fully set forth therein. CivicPlus may invoice Customer for all usage that exceeds the Acceptable Use Limits at the Overage Fees in effect at the time of such excess usage, and Customer shall remit payment for such invoiced amounts in accordance with the payment terms set forth in the SOW. CivicPlus may, upon written or electronic notice to Customer, suspend, throttle, or otherwise limit the Video Services in the event Customer materially exceeds the Acceptable Use Limits or engages in abusive or excessive use that threatens the security, integrity, or stability of the Video Services.
3. Customer Content Responsibilities
Customer shall be solely responsible for all video, audio, data, text, images, and other materials or information uploaded to, transmitted through, stored within, or otherwise made available by means of the Video Services (“Customer Content”). Customer represents and warrants that it owns, or has secured from appropriate third parties, all rights, licenses, consents, and permissions necessary to upload, store, stream, display, distribute, and otherwise exploit the Customer Content through the Video Services, and that the Customer Content does not and will not infringe, misappropriate, or violate any intellectual property right, privacy right, publicity right, or other proprietary right of any third party or violate any applicable law, rule, or regulation. Customer shall obtain and maintain all legally required consents, notices, and permissions from any individual whose image, likeness, voice, or other personal attribute is recorded, streamed, or otherwise processed in connection with the Video Services.