Last Updated Date: December 8, 2017
1. Acceptance of the Terms and Conditions.
AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. Changes to this EULA: You understand and agree that Stream may change this EULA at any time without prior notice, provided that Stream will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing and otherwise using the Service. The terms of this EULA will govern any updates Stream provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.b, no revisions to this EULA will apply to any dispute between you and Stream that arose prior to the effective date of such revision.
1. Consideration: You understand and agree that this EULA is entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
2. Eligibility: THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY STREAM. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that you are at least 13 years of age and have not been previously suspended or removed from the Service by Stream. You may use the Service only if you can form a binding contract with STREAM and are not a person barred from receiving the Service or similar services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
3. Description of Service.
The Service enables a User to broadcast both live and recorded video feeds and to view, comment, and rate other User Content made available on the Service. A “User” agrees to abide by these Terms, has registered an account as described below, and is an individual or entity that has downloaded the Stream mobile application to a mobile device, laptop computer, desktop computer or tablet computer (each a “user device”). “Content” includes any video, audio, text, graphics, information and other materials you may view on, access through, or submit to the Stream Live, Inc. website or the Service Content that is submitted into the Service by a User and is also referred to herein as “User Content,” and all other Content of the Service and the Website is referred to herein as “Stream Content.”
4. User Account.
1. Registration: To access and/or use the Service, you must download the App and register an account with us (an “Account”). As an end User, you must be at least 13 years of age. Accounts registered by “bots” or other automated methods are not permitted.
2. Account Information: When creating an Account, you will provide true, accurate, current, and complete information as Stream requests (“Registration Data”). You further agree to use commercially reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current and complete. You acknowledge and agree that if you provide information that is intentionally inaccurate, not current or incomplete in a material way, or if Stream has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete in a material way, Stream has the right to suspend or terminate your account.
4. Single User: Your login may only be used by one person – a single Account shared by multiple Users is not permitted. You may not create multiple Accounts for a single User if such multiple Accounts are intended to in any way circumvent the terms of this EULA, or if such multiple Accounts result in an unreasonable burden on Service resources in any manner.
5. Account Security: You are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur through the use of your credentials. Stream cannot be liable for any loss or damage from your failure to comply with this security obligation.
6. Ads: If you are using a free account, you are not permitted to block ads.
5. Intellectual Property.
1. Limited License: Subject to the terms and restrictions contained in this EULA and applicable law, Stream grants you a limited personal, universe-wide, non-exclusive, non-assignable and non-transferable license to use and display on your user device the Service solely for the purposes expressly identified in these Terms and on the Stream website You must retain intact all copyright, trademark, proprietary and other notices in these permitted activities Any unauthorized use, copying, duplication, distribution, transmission, preparation of derivative works, reuse, reproduction, publishing, license, sublicensing, transfer, sale, rental, translation or other use of any Content or the Service without the express permission of Stream or the applicable Content owner or licensor, as the case may be, is expressly forbidden, and you so agree You acknowledge that you may not sublicense, transfer, sell, rent or assign this license. Any attempt to sublicense, transfer, sell, rent or assign this license is null and void You agree that unless explicitly stated otherwise, any new products, software, data feeds, services, features, enhancements or additions or deletions to the Service are subject to these Terms. Stream may also impose limits on each your account to certain features or restrict your access to parts of the Service without notice or liability.
2. Stream Content: The Stream Content on or displayed via the Service, including but not limited to text, graphics, photos, software, letters and service marks, the Stream logo and trade name, other Stream logos and titles, and registered and unregistered trademarks (“trademark” as used herein includes service marks), is protected under United States copyright, trademark and/or other intellectual property laws Unauthorized use of the Stream Content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies) You may not sell or modify the Stream Content or the Service or reproduce, display, distribute, or otherwise use the Stream Content in any way for any unlawful purpose, and are prohibited from adapting the HTML code that Stream creates to generate pages in connection with the Stream website or User interfaces in connection with the App You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our marks in such a way that would misrepresent or cause confusion as to who the proper owner of such mark is.
3. Restrictions: You may not sell, transfer, assign, license, sublicense, or modify the Stream Content or Service, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Stream Content in any way for any public or commercial purpose The use or posting of any of the Stream Content on any other website or in a networked computer environment for any purpose is expressly prohibited In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) If you violate any part of this EULA, then your right to access and/or use the Stream Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Stream Content.
6. Content Rights.
1. Definition: “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any comments or photographs.
2. Screening User Content: Stream offers users the ability to submit User Content to the Service. Stream has the right – but not the obligation – in its sole discretion to refuse or delete any User Content that it reasonably considers to violate this EULA or be otherwise illegal or inappropriate. Stream does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will Stream be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content Posted to or through the Service.
3. Intellectual Property Rights: YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS
4. Licenses to User Content: You hereby grant Stream an unrestricted, assignable, sub-licensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, publicly perform, create derivative works from and otherwise exploit and use (collectively, “Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purposes of (a) advertising, marketing, and promoting Stream and the Service; and (b) providing the Service as authorized by this EULA. You further grant Stream a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to Stream any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to Stream will be considered non-confidential and non-proprietary and treated as such by Stream, and it may be used by Stream in accordance with this EULA without notice to you and without any liability to Stream.
Stream Live Content Attributions
5. You Must Have Rights to the Content You Post: You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (a) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (b) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (c) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (d) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
6. Waiver of Rights to User Content: By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights to privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
7. Sublicense to Enterprise Users: Subject to the terms and restrictions contained in this EULA and applicable law, Stream grants Enterprise Users a limited personal, universe-wide, non-exclusive, non-assignable and non-transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works from and otherwise exploit and use (collectively, “Use”) any User Content in which an Enterprise User has been tagged, mentioned, or otherwise identified by a User (“Sublicense”) An Enterprise User is defined for the purpose of this sublicense as a User who has registered for an enterprise account at https://enterprise.stream.live Stream reserves the right to revoke this Sublicense or charge royalties for the grant of this Sublicense at any time, in our sole discretion.
7. Prohibited Content.
Stream may remove or block any User Content identified in the Prohibited Content list below, as well as any User Content similar to the Prohibited Content list; however, Stream undertakes no obligation to remove or block this User Content. If you encounter any Objectionable Content on the Service, then please email Stream at email@example.com. You acknowledge and agree that Stream provides you the right to report Objectionable Content as a courtesy, and Stream has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. “Prohibited Content” includes, but is not limited to, the following User Content that:
- Contains any third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless User has permission from the owner of the material or is otherwise legally entitled to post the material and to grant Stream all of the license rights granted herein;
- Contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Solicits any individual under 18 years of age’s personal information;
- Solicits or otherwise encourages any individual under 18 years of age to post lewd, inappropriate, sexually suggestive, or explicit content;
- Solicits any personal information or passwords from any User for any use;
- Contains offensive subject matter, violence, or nudity, including content that exploits anyone in a violent or sexual manner and any content that harasses or promotes harassment of another individual or group;
- Contains any individual under 18 years of age, or otherwise depicts or represent the likeness of any individual under 18 years of age whether real or imagined, engaging in lewd, inappropriate, sexually suggestive, or explicit behavior – including but not limited to any individual under 18 years of age, or likeness thereof, depicted in a shower, in his or her undergarments, engaging in sexually suggestive dancing or movement, or engaging in sexually suggestive speech;
- Contains content promoting physical harm of any kind against any one person or group;
- Contains offensive contents promoting hatred, racism, or bigotry of any kind against any one person or group;
- Provides personal information, to include email addresses, telephone numbers, full names, or physical addresses, without that individual’s expressed consent;
- Contains links to any adult websites;
- Misleading information known to be false;
- Promotes illegal activities, abusive conduct or any other activity deemed to be threatening, libelous, obscene, or defamatory;
- Contains any attempt for “spamming” or unsolicited mass media contact; or
- Promotes unapproved commercial enterprises to include unapproved advertising, criminal activity, instructional information concerning illegal activities, contests, or sweepstakes.
1. No Illegal Use: You may not use the Service to transmit, distribute, store or destroy any Content (a) in violation of any applicable law or regulation, or that contributes to the violation of any applicable law or regulation; (b) in a manner that will infringe upon the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, sexually explicit, pornographic, threatening, abusive or hateful.
2. Information Security: You are prohibited from violating or attempting to violate the security of any part of the Service, including, without limitation, (a) gaining attempting to gain access to any account, data, Service, or information for which such Users are not authorized, (b) attempting to penetrate a system, network, or application by probing, “phishing,” scanning or testing the vulnerability of the system or network or to breach security or authentication measures without proper authorization, (c) engaging or attempting to engage in a denial of service attack on any part of the Service for the purposes of causing any part of the Service to become impaired or inoperable, or interfering with the availability of the Service to any User through techniques including without limitation, uploading malicious software (e.g., a virus, worm, Trojan horse, “logic bomb,” etc.), “packet flooding”, “spoofing,” “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or Service, or (e) forging any packet content or any part of any e-mail or posting Violations of system or network security may result in civil or criminal liability Any occurrences that may involve such violations are subject to investigation by Stream and law enforcement authorities in prosecuting any User involved in such violations.
3. Restrictions on Underage Users: If you are under 18 years of age, or otherwise under the age of majority in your applicable jurisdiction (“Underage”), you may not post Content that depicts you, or another under Underage person, engaging in lewd, inappropriate, sexually suggestive, or explicit behavior, including, but not limited to, shower scenes, displaying undergarments, nudity, engaging in sexually suggestive dancing or movement, or engaging in sexually suggestive speech (“Restricted Content”) If you an Underage User, any posting of Restricted Content may result in immediate termination of your Account and permanent suspension from the Service.
4. Specific Restrictions In using the Service: You agree not to:
- Take any action that imposes an unreasonable or disproportionately large load on the Service or equipment on which the Service are hosted;
- Take any action that imposes an unreasonable or disproportionately large burden on our Content monitoring resources;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service;
- Frame or link to the Service or any Content or information relating thereto without prior express written permission from Stream;
- Collect information about other Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by Stream;
- Falsify, conceal, or modify information identifying yourself or another User, including Internet Protocol header information;
- Stalk, threaten, harass or exploit any User or other person, whether in a cyber environment or in the real world;
- Use the Service to solicit or advertise any products or Service without the express prior written consent of Stream;
- Disrupt or conceal any Stream or third party advertisements;
- Create a false identity or impersonate another person or entity in any way;
- Create a new account with Stream, without Stream’s express written consent, if Stream has previously disabled an account of yours;
- Solicit, or attempt to solicit, personal information from other users of the Service;
- Restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service; or
- Deploy automated systems or scripts to use the Service to include adding users, sending messages/chats, or live streaming.
9. Not Responsible for Offensive User Content.
Stream acts as a passive conduit for the online distribution and publication of User Content submitted by and between/ among User(s), has no obligation to screen communications or information in advance, and is not responsible for screening or monitoring User Content or submissions posted by User(s) Stream takes no responsibility and assumes no liability for any User Content that you or any third party submits or publishes on the Service. If Stream is notified or otherwise becomes aware of any User Content, which allegedly does not conform to these Terms or is abusive, illegal, or disruptive, Stream may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Content (“Offensive Content”), suspend any such User’s use of or access to the Service, or disable or discontinue communications with Service via which the particular User submitted the Offensive Content Stream reserves the right to expel Users to prevent their further access to the Service, or disable or discontinue communications with the Service for violating these Terms or any applicable laws Stream further reserves the right to remove, erase or over-write Offensive Content or any information in connection therewith Stream may take any action at any time with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Stream, harm any other User or may cause Stream to lose (in whole or in part) the services of its Internet Service Providers (“ISPs”), Application Service Providers (“ASPs”), or other suppliers.
10. Reservation of Rights.
Stream shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, move, or delete any User Content that violates this EULA or is otherwise objectionable. Stream also reserves the right, in its sole discretion, to re-post any User Content removed by any User or former User, suspend or terminate User’s right to use the Service at any time, or pursue any other remedy or relief available to Stream under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Stream is concerned that User may have breached the immediately preceding sentence), or for no reason at all. Stream reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time and for any reason without prior notice or liability Stream reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability
11. Advertisement and Promotions.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Stream may place such advertising and promotions on the Service or on, about, or in conjunction with the Content The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
12. Virtual Currency and In-App Purchases.
Certain features of the Service permit You to "buy" or "purchase" for use in the Service: (a) virtual currency, including but not limited to virtual coins; or (b) virtual in-Service items, including but not limited to stacks, wallets, and tipping (together with virtual currency, "Virtual Items"). Virtual Items are merely Service features. You do not in fact "own" the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Stream grants You a limited license to use the Service, including software programs that include the use of these Virtual Items.
A purchase of Virtual Items is complete only when you receive confirmation through the Service that You have redeemed iTunes or Google Play Store Wallet credits, or other third party that may be accepted by the Service. Any virtual currency balance shown in Your Stream Account does not constitute a real world balance or reflect any stored value, but instead constitutes a measurement of the extent of Your license to use the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to Your Stream Account, nor will You be able to receive a refund of virtual or real currency for Virtual Items (including any virtual currency), including if Your access to the Service has been suspended, limited or terminated If Your Stream Account is suspended or terminated as a result of Your violation of this EULA, any Virtual Items (including any virtual currency) in Your Stream Account will be deleted from Your Stream account, without the ability to receive a refund or credit of any kind for any Virtual Items.
Tips and other Virtual Items gifted to broadcasters may result in some revenue to them as determined in Stream's sole discretion; however, Stream makes no guarantee that the amount or value of the coins or Virtual Items You may give a broadcaster will correlate to the revenue such broadcaster may receive from Stream Only users of the Service who initiate a broadcast will be eligible for Tips and other Virtual items.
13. Release of Liability.
Because authentication on the Internet is difficult, Stream cannot and does not confirm that each User is who such person claims to be or that their Registration Data is truthful, complete, or accurate Stream facilitates an exchange of information, which you authorize between/ among you and other Users You access or use the Service and take any action concerning the transmission of your Registration Data or other User Content as your voluntary action for which you are exclusively responsible There is always a certain risk when transmitting such information over the Internet or some other public or proprietary network, and you assume such risk by submitting information to the Service and by making or authorizing transmission to others It is the responsibility of you to take precautions that you deem suitable to assure the identity of any User or entity with whom you communicate or interact and to assure the accuracy of information provided by such User or entity on which you intend to rely Because Stream does not and cannot be involved in dealings or meetings between Users, or control the behavior of Users to the Service, in the event that you have a dispute with one or more Users, you agree to the fullest extent permitted by applicable law to forever release Stream and its agents, employees, officers, directors, shareholders, members and managers from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes If you are a California resident, you waive, to the fullest extent permitted by applicable law, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Stream is under no legal obligation to, and generally does not, control the User Content provided by other Users or entities, which is made available through the Service By its very nature, User Content posted or communicated by other Users may be offensive, harmful, inaccurate, or incorrect, and in some cases may be mislabeled or deceptively labeled You agree to use caution and common sense when using or accessing the Service.
14. WARRANTY DISCLAIMER.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE EXTENT PERMITTED BY LAW, STREAM EXPRESSLY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, (1) ANY WARRANTIES OF TITLE INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND (2) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY AND COMPLETENESS OF THE CONTENT OR THE SERVICE.
STREAM MAKE NO WARRANTIES OR REPRESENTATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INNACURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE STREAM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE YOU SPECIFICALLY ACKNOWLEDGE THAT STREAM IS IN NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL STREAM, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AFFILIATES, CO-BRANDERS, PARTNERS OR STREAM CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT (IN EXCESS OF THE LIMITATION OF LIABILITY HEREINAFTER PROVIDED), INDIRECT OR INCIDENTAL DAMAGES, LOST PROFITS OR DATA, OR SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR THE CONTENT, OR INABILITY TO GAIN ACCESS TO OR USE OF SERVICE OR THE CONTENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STREAM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN NO EVENT SHALL STREAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THREE HUNDRED DOLLARS.
You agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend and indemnify Stream, its members, managers, directors, officers, shareholders, other affiliated persons or entities, employees, contractors, co-branders, partners, agents and other Content providers (“Indemnified Parties”) from and against any and all loss, cost, claims, liabilities, damages, disputes, and expenses, including court costs and attorneys’ fees, related to (i) your violation of these Terms or any information, software, files, messages or other Content submitted to or made available on the Service, (ii) your use of and/ or access to the Service, (iii) your violation of any third party right, including without limitation any copyright, property or privacy right, or (iv) any claim that your User Content caused damage to or infringes the intellectual property or privacy or other rights of a third party The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you In that event, you shall have no further obligation to provide defense to the Indemnified Parties in that matter, but shall remain responsible to reimburse Stream and each Indemnified Party for its defense expenses This section shall survive the termination or cancellation of this Agreement or any termination or suspension of your use of or access to all or any aspect of the Service.
17. Fees and Payment.
Some of the Service may require payment of fees. All fees are stated in U.S. dollars. User shall pay all applicable fees, as described on the Service in connection with such Service selected by User, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Service. User represents to Stream that User is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Service. All fee-based Service and virtual goods are provided “AS IS” with no warranties of any kind. Stream may modify and/or eliminate such fee-based Service at its discretion. User understands and agrees that the payment for virtual goods grants User a limited license to use the virtual goods as specified on the Service. Stream may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Service and by sending you email notification. If you do not wish to pay the new prices, you may cancel the Service prior to the change going into effect In addition to any other rights granted to Stream herein, Stream reserves the right to suspend or terminate this Agreement and User’s access to the Service if User’s account becomes delinquent. User will be obligated to pay the balance due on account. User agrees that Stream may charge such unpaid fees and charges to User’s credit card. User agrees and acknowledges that Stream has no obligation to retain User Content and that such User Content may be irretrievably deleted if User’s account becomes delinquent. If User fails to comply with payment schedule, User will have 30 days to cure payment delinquency before Stream may exercise the right to suspend or terminate the User’s account.
18. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
- Repeat Infringer Policy Stream’s intellectual property policy is to (a) remove or disable access to material that Stream believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any User Content uploaded to the Service by “repeat infringers.” Stream considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom Stream has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback Stream has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Stream’s own determination
- Procedure for Reporting Claimed Infringement If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below Your Notification of Claimed Infringement may be shared by Stream with the user alleged to have infringed a right you own or control, and you hereby consent to Stream making such disclosure Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific 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 Stream to locate the material;
- Information reasonably sufficient to permit Stream to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement
- Designated Agent Contact Information Stream’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail: firstname.lastname@example.org
Via U.S. Mail: Attn: Legal Department
INFINITE TAKES, LLC
1000 Johnnie Dodds, Suite 103-358
Charleston, SC 29464
- Counter Notification If you receive a notification from Stream that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Stream with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Stream’s Designated Agent through one of the methods identified in Section 16.c and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Stream may be found, and that the subscriber will accept service of process from the person who provided notification under Section 15.b above or an agent of such person; and
- A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- Reposting of Content Subject to a Counter Notification If you submit a Counter Notification to Stream in response to a Notification of Claimed Infringement, then Stream will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Stream will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Stream will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Stream’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Stream’s system or network.
- False Notifications of Claimed Infringement or Counter Notifications The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Stream] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Stream reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
This Agreement is governed by the laws of South Carolina and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Carolina. This Agreement with Stream in connection herewith, constitutes the entire agreement between you and Stream with regard to its subject matter, supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between you and Stream, whether oral or written, and there are no other agreements, representations, warranties, or commitments which may be relied upon by either party No waiver will be effective against Stream unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance Neither you nor Stream shall be liable hereunder by reason of failure or delay in the performance of its obligations hereunder (except for the non-payment of money) on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, acts of God, governmental action, labor conditions, or similar force majeure events. If a court of competent jurisdiction finds any provision hereof invalid or unenforceable, that provision will either be amended to achieve as nearly as possible the intent of the parties, or if amendment is not possible the offending provision shall be deemed struck, and the remainder of this Agreement will remain in full force and effect. The captions and headings in this Agreement are for convenience only and shall not affect the construction and interpretation of any provision of this Agreement.
The parties agree that any claim, dispute, or controversy arising out of or relating to the terms and conditions of this Agreement, that cannot otherwise be resolved in good-faith negotiations, shall be resolved in accordance with South Carolina’s Uniform Arbitration Act. The parties shall mutually agree on the selection of one arbitrator who is unrelated to either party. All arbitration proceedings shall take place in the Charleston, South Carolina area. The arbitrator’s costs shall be borne equally by both parties, and each party will be responsible for its own costs associated with preparation, discovery, and additional expenses to prosecute or defend an arbitration claim. The prevailing party in the arbitration proceeding will be entitled to recover its reasonable costs and attorney’s fees, in addition to any other relief granted as determined by the arbitrator. The arbitrator shall be bound by the express sections of this Agreement in deciding any arbitration claim. The arbitrator’s decision shall be final.
NOTICE REGARDING APPLE You acknowledge that this EULA is between you and Stream only, not with Apple, and Apple is not responsible for the Service or the content thereof Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights You agree to comply with any applicable third party terms, when using the Service Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties If Stream provides a translation of the English language version of this EULA, then the translation is provided solely for convenience, and the English version will prevail.