Last Update: September 28, 2018
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE (THE “SITE”), THE STREAMFRAME APPLICATION OR SERVICES (TOGETTHER WITH THE SITE, THE “SERVICES”). BY ACCESSING OR USING THE SERVICES OR OTHERWISE INDICATING YOUR CONSENT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH OR ACCEPT ANY OF THESE TERMS, YOU MUST STOP USING THE SERVICES.
These terms and conditions of use inform you of the terms, conditions, disclaimers, notices and policies, collectively the “Terms” that apply to your use of Streamline Media Group Inc. (“Streamline” or “we” or “us”) Services. Streamline Media Group Inc. is a parent company of Streamframe, the developer of the Streamframe application. These Terms also apply to any other services that we may provide in relation to our Services, such as customer support, social media and other websites that we may operate from time to time.
You may only use the Services and any material related to the Services in accordance with the Terms. The Terms are a binding contract between Streamline Media Group Inc. or (“Streamline”), (“we”) or (“us”) and you being the individual who reads and agrees to be bound by the Terms.
By accessing, browsing and/or using the Services you signify to Streamline that you have read, understood and agree to be bound by the Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Services.
1. ELIGIBILITY, USERNAMES AND PASSWORDS
You may be required to create an account in order to access certain Services. To create an account, you must be at least 18 years old and you must provide us with current, complete and accurate information as prompted by the applicable registration form. If your information changes at any time, please update your account to reflect those changes. Streamline may refuse to grant you, and you may not use, a username or email address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person, that violates the intellectual property or other rights of any person; that is offensive; or that Streamline rejects for any other reason at Streamline’s sole discretion.
Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Services and agree not to transfer your password or username or lend or otherwise transfer your use of or access to the Services, to any third party.
You are fully responsible for all interaction with the Services that occur in connection with your password or username. You agree to notify Streamline immediately of any unauthorized use of your password or username or any other breach of security. Streamline is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
2. USING THE SERVICES
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 other material 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 for any purpose that is unlawful, prohibited by the Terms, or in any way interferes or attempts to interfere with the proper working of the Services.
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.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Streamline to all users of the Services. We may prevent or suspend your access to the Services if you do not comply with any part of these Terms or any applicable law.
You agree that you are solely responsible for:
all costs and expenses you may incur in relation to your use of the Services; and
keeping your password and other account details confidential.
We seek to make the Services as accessible as possible. If you have any difficulties using the Services, you can contact us on the customer support page on the Site or by email: IT@streamframe.com
3. USER 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 others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful or unlawful name, material or information;
upload files or post or transmit information protected by copyright, trademark, trade secret or other proprietary right, unless with the express written permission of the owner of such right;
upload files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of the Services or another person’s computer;
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 email;
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 email 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.
Streamline has no obligation to monitor the online facilities provided on the Services. However, Streamline reserves the right to review materials and to remove, and if Streamline deems appropriate, turn over to law enforcement officials, any material, including messages, email, or online data, that is in violation of the Terms.
Streamline reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Streamline’s sole discretion.
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 facility. Managers and hosts, if any, are not authorized Streamline’s spokespersons, and their views do not necessarily reflect those of Streamline.
4. OWNERSHIP OF THE SERVICES
Unless otherwise stated, all materials showed in the Services, including but not limited to the text, graphics, photographs, button icons, audio and video, are the legally protected property owned or licensed by Streamline. The trademarks displayed are the registered and common law trademarks of Streamframe Corporation, affiliated companies or various third parties. All rights are protected under applicable copyright and trademark laws. 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, of Streamframe Corporation, 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 and for any reason whatsoever.
5. OWNERSHIP OF YOUR SUBMISSION
Streamline does not claim ownership of materials you may provide to it (including feedback and suggestions) or that you post, upload, input or submit to the website (collectively, “Submission”). However, by your voluntary act of posting, uploading, inputting, providing or submitting your Submission you are granting Streamline an irrevocable, transferable, non-exclusive worldwide license to use your Submission 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 Submission and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. Streamline is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Streamline’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and to grant the foregoing license to Streamline. Keep in mind that those Submissions will not be confidential.
6. SERVICES OFFERED ON THE SITE
Any product or service that is made available through the Site is the intellectual property of Streamline, its suppliers and/or its licensors. Your use of any product or service made available to you through the Site is governed by a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the product or services.
7. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. We may suspend or terminate operation of the Site at any time as we see fit. 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 Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
8. HYPERLINKS AND THIRD PARTY SITES
The Site may contain hyperlinks or references to third party websites other than the Site. 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 may be governed by the terms and conditions of that third party website.
You hereby agree to indemnify and hold harmless Streamline, its affiliates, subsidiaries, officers, directors, and agents, 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. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. 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 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.
12. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STREAMLINE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, 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 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 NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICCABLE LAWS.
13.1 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 or to our address.
13.2 Arbitration. 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. 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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Streamline as a result of the Terms or use of the Services. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other (business) documents and records originally generated and maintained in printed form.
Notices can be sent by email to: email@example.com
or to our address:
Streamline Media Group, Inc.
Attn: Legal Department
410 South Rampart Boulevard, Suite 390, Las Vegas, NV 89145, United States of America
18. 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:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
19. COPYRIGHT AND TRADEMARK NOTICES
All content of the Services is Copyright © 2018, Streamline Media Group Inc. All rights reserved. The Streamframe LOGO and WORDMARK are the registered trademarks of Streamframe Corporation. All other trade names, trademarks, registered trademarks and copyrights are the property of their respective owners.
20. MODIFICATION OF TERMS
Streamline reserves the right, at its sole discretion, to modify the Terms at any time and from time to time. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your acceptance of any modifications that may be made.