TERMS AND CONDITIONS OF USE
If you have any questions about the Services, please contact us by email
You must be at least 18 years of age or older or have reached the age of majority under the applicable laws where you reside, and you are of legal age to form a binding contract with Streamline and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. If you are under 18 years of age, you acknowledge that you are using the Services, after obtaining verifiable consent of a parent or legal guardian.
2. USING THE SERVICES
The Services is for your personal use only and you may not use the Services for any commercial purpose. By way of illustration, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services. The use of any such information, products or services on any other website or in any other environment of networked computers is prohibited.
You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or that interferes with any other party’s use and enjoyment of the Services. including their ability to engage in real time activities through the Services.
You agree that you are solely responsible for:
- Making all arrangements necessary for you to have access to the Services.
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable, if for any reason, all or any part of the Services is unavailable at any time or for any period.
We seek to make the Services as accessible as possible. If you have any difficulties using the Services, you can contact us by e-mail: email@example.com
3. ONLINE CONDUCT
The Services may contain online facilities designed to enable you to communicate online. You agree to use such facilities only to post, send and receive messages and materials that are proper. By way of example, and not as a limitation, you agree that you will not do, or attempt to do, any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of users and engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Streamline or users of the Services, or expose them to liability of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful or unlawful name, material or information.
- Exploit, harm, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Impersonate or attempt to impersonate Streamline, Streamline employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- Upload files or post or transmit information protected by copyright, trademark, trade secret or other proprietary rights, unless with the express written permission of the owner of such rights.
- Upload files that contain viruses, Trojan horses, corrupted files, or logic bombs, or other material that is malicious or technologically harmful, any other similar software or programs that may damage the operation of the Services or another person’s computer.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
- Advertise or offer to sell or buy any goods or services for any business purpose, disseminate, or transmit “spam”, unsolicited messages, chain letters, or unsolicited commercial e-mail.
- Falsify, modify, or delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.
- Engage in any other activity deemed by Streamline to be unacceptable, in conflict with the letter or spirit of the Terms, or contrary to the expectations of Streamline and its Services’ users.
You understand, acknowledge and agree that public communications on the Services are not private or confidential, and may be viewed and used by others accessing the Services. Streamline does not control or endorse the content, messages or information found in any online facility on the Services and, therefore, Streamline explicitly disclaims any liability regarding such online facilities and any actions resulting from your participation in any online facilities.
4. OWNERSHIP OF SERVICES AND CONTENTS
Unless otherwise stated, all materials contained on the Services, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Streamline, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The trademarks displayed on the Services, including, all related names, logos, product and service names, designs, and slogans are registered or common law trademarks of Streamline, affiliated companies or various third parties. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of Streamline, affiliated companies or third parties.
As a condition of your use of the Services, you agree that use of, participation in, or reliance on any content or feature of the Services confers no rights or expectations on your behalf.
Streamline reserves the right, at its sole discretion, to modify, suspend or terminate any or all content or features of the Services without notice or liability of any kind to you.
Streamline further reserves the right, at its sole discretion, to restrict or terminate your access to the Services without notice or liability of any kind to you and for any reason whatsoever.
5. OWNERSHIP OF YOUR SUBMISSION
Streamline does not claim ownership of materials you may provide to us (including feedback and suggestions) or that you post, upload, input or submit to the Services (collectively, “Submissions”). However, by your voluntary act of posting, uploading, inputting, providing, or submitting your Submissions, you are granting Streamline an irrevocable, transferable, non-exclusive worldwide license to use your Submissions in any manner Streamline deems appropriate including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions. Streamline is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time at Streamline’s sole discretion.
You represent and warrant that:
- you own or otherwise control all the rights to your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant the foregoing license to Streamline.
- You own or control all rights in and to the Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Streamline, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user of the Services
6. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SERVICES
While we try to make sure that the Services is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Services will be fit or suitable for any purpose. Any reliance that you may place on the information on this Services is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Streamline, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Streamline. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we try to make sure that the Services is available for your use, we do not promise that the Services is always available, nor do we promise the uninterrupted use by you of the Services. We may suspend or terminate operation of the Services at any time as we see fit.
7. HYPERLINKS AND THIRD-PARTY WEBSITES
The Services may contain hyperlinks or references to third-party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third-party’s website, products, or services. Your use of a third-party website is at your own risk. Third-party websites may be governed by the terms and conditions of that third-party website.
8. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ALL MATERIALS ON THE SERVICES, AND ALL PRODUCTS AND SERVICES OFFERED VIA THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STREAMLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER STREAMLINE NOR ANY OF ITS AFFILIATES, RESPECTIVE AGENTS OR CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER STREAMLINE NOR ANY OF ITS RESPECTIVE AGENTS OR CONTRACTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES, PRODUCTS OR MATERIALS ON THE SERVICES WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM. STREAMLINE DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE USING THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STREAMLINE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. REGARDLESS OF WHETHER THEY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS OR FUNCTIONS ON THE SERVICES, REGARDLESS OF WHETHER STREAMLINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF LIABILITY IS FOUND DESPITE THIS SECTION, THE TOTAL LIABILITY OF STREAMLINE AND/OR ANY OF ITS AFFILIATES, AGENTS, CONTRACTORS, OR EMPLOYEES TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO STREAMLINE TO ACCESS AND USE THE SERVICES. NOTHING IN THIS SECTION SHALL LIMIT STREAMLINE’S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM STREAMLINE’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAWS.
You hereby agree to indemnify and hold harmless Streamline, its affiliates, subsidiaries, licensors, and service providers, and its and their officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third-party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of the Terms.
11. DISPUTES NEGOTIATIONS; ARBITRATION
11.1 Disputes Negotiations
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with us, please contact us as soon as possible by sending a complaint notice by email to firstname.lastname@example.org or to our address.
If you and Streamline are not able to resolve a dispute within thirty (30) days after receipt of the complaint notice, such dispute shall be finally settled by arbitration in accordance with the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures by three arbitrators appointed in accordance with such rules. Hearings will be conducted by teleconference, unless the arbitrator determines that an in-person hearing is required. Hearings shall in that case take place in Las Vegas, Nevada, United States of America.
11.3 Governing Law
11.4 Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. WAIVER AND SEVERABILITY
Notices can be sent to:
Streamline Media Group, Inc.
Attn: Legal Department
410 South Rampart Boulevard, Suite 390, Las Vegas, NV 89145, United States of America
15. NOTICE OF COPYRIGHT INFRINGEMENT
If your copyright work qualifies for copyright protection under the Digital Millennium Copyright Act of 1998 (the “DMCA”), the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) or the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible via the Services, please notify Streamline’s Legal Department (see address above) and provide the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Services are covered by a single notification, a representative list of such works at the Services.
- Identification of the 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 Streamline to locate the material.
- Information reasonably sufficient to permit Streamline to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter-notices must be in accordance with the DMCA. For more information, please visit https://www.copyright.gov/
After receiving a copyright infringement notification and establishing a bona fide infringement, Streamline shall:
- remove or disable access to the material that is claimed to be infringing or to be the subject of the infringing activity.
- Notify the complaining party.
16. MODIFICATION OF TERMS