This website use agreement is made and entered into by and between Streamframe Corporation, a Delaware corporation having its principal place of business at 410 South Rampart Boulevard, suite 390, Las Vegas, NV 89144 USA, on behalf of itself and its subsidiaries (“Streamframe”) or (“We”) or (“Us”), and you (“You”) or (“Your”), being the individual who reads and agrees to be bound by these terms and conditions and if you access the Streamframe websites, online forums and any software instances we may create on your behalf, collectively (the “Sites”), on behalf of a legal entity its you and such legal entity on whose behalf you access the Sites, as of the date your first accept (the “Effective Date”) these terms and conditions.
This website use agreement informs you of the terms, conditions, disclaimers, notices and policies, collectively (the “Terms”) that apply to your use of the Sites, which are the exclusive property of Streamframe. By accessing, browsing and/or using the Sites you signify to Streamframe that you have read, understood and that you agree to be bound by the Terms and all applicable laws and regulations. If you do not agree to the Terms, you must not use the Sites.
If you are agreeing to the Terms on behalf of a company of other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, that you are using the Sites under the active supervision of a parent, legal guardian, or other responsible adult.
2. OWNERSHIP OF WEBSITE AND CONTENTS
Unless otherwise stated, all materials contained on the Sites, including all software data compilations, server hardware, content, services, text, graphics, photographs, button icons, audio and video, digital downloads, are the legally protected property owned or licensed by Streamframe. The trademarks displayed on the Sites are the registered and trademarks of Streamframe, subsidiaries, affiliates, and various third parties. All rights are protected under applicable copyright and trademark laws. Nothing contained on the Sites 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 Streamframe. As a condition of your use of the Sites, you agree that use of, participation in, or reliance on any content or feature of the Sites confers no rights or expectations on your behalf. Streamframe reserves the right, at its sole discretion, to modify, suspend or terminate any or all content or features of the Sites without notice or liability of any kind to you. Streamframe further reserves the right, at its sole discretion, to restrict or terminate your access to the Sites without notice or liability of any kind to you and for any reason whatsoever.
3. MODIFICATION OF TERMS
Streamframe 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 the Terms. Your continued use of the Sites constitutes your acceptance of any modification that may be made.
4. USER NAMES AND PASSWORDS
You may be required to register with Streamframe in order to access certain areas of the Sites. Streamframe may refuse to grant you, and you may not use, a user name or e-mail 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 Streamframe rejects for any other reason at Streamframe’s sole discretion. Your user name 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 Sites, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Sites, to any third party. You are fully responsible for all interaction with the Sites that occur in connection with your password or user name. You agree to notify Streamframe immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Sites. Streamframe is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. Streamframe cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Notices can be sent by e-mail to: firstname.lastname@example.org or to our address 410 South Rampart Boulevard, suite 390, Las Vegas, Nevada 89144, USA.
6. DMCA NOTICE
Since Streamframe respects artist and content owner rights, it is Streamframe’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Sites, please notify Streamframe’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing to the Designated DMCA Agent listed below:
- An electronic or physical signature of a person or entity authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Sites;
- Information reasonably sufficient to permit Streamframe to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner
Once proper, bona fide infringement notification is received by the Designated DMCA Agent listed below, it is Streamframe’s policy:
- To remove or disable access to the infringing material;
- To notify user that we have removed or disabled access to the material;
- That repeat offenders will have the infringing material removed from the system and that we will terminate such user’s access to the Sites.
If user believes that the material that was removed (or to which access was disabled) is not infringing, or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, user must send a counter-notice containing the following information to the Designated DMCA Agent listed below:
- A physical or electronic signature of user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Sites before such removal or disabling;
- A statement that user has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material;
- User’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which user’s address is located, or, if user’s address is located outside the United States, for any judicial district in which Streamframe is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
The above information must be submitted to the following Designated DMCA Agent:
Attn: Head of Legal
Address: 410 South Rampart Blvd. Suite 390 Las Vegas, NV 89145, USA
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Streamframe and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Streamframe’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
7. PROHIBITED USE
You may not use the Sites 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 Sites. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or that interferes with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Streamframe to all users of the Sites.
8. USER ONLINE CONDUCT
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, or other communication facilities designed to enable you to communicate with others online. You agree to use the online facilities only to post, send and receive messages and material that are proper and related to the particular online facility. 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 Sites or another person’s computer.
- 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 Streamframe to be unacceptable, in conflict with the letter or spirit of the Terms, or contrary to the expectations of Streamframe and its Sites’ users.
Any software that is made available through the Sites is the intellectual property of Streamframe, its suppliers and/or its licensors. Your use of any software made available to you through the Sites is governed by the terms of an end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any software not accompanied by a license agreement, Streamframe hereby grants to you, the user, a personal, royalty-free, non-transferable, non-exclusive license, to use the software for viewing and use in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. Any rights not expressly granted herein are reserved. You undertake to use the software at your own risk. Streamframe may suspend or terminate the access to such software at any time for any reason without notice. Upon termination, the accounts will be de-activated and a letter of destruction may be provided to you upon request. All software is owned by Streamframe, its suppliers and/or its licensors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to USA export restrictions.
11. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT THE USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, ALL MATERIALS ON THE SITES, AND ALL PRODUCTS AND SERVICES OFFERED VIA THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STREAMFRAME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER STREAMFRAME NOR ANY OF OUR RESPECTIVE AGENTS OR CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER STREAMFRAME 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 SITES WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM THAT RESULT FROM THE USE OF THE SITES. STREAMFRAME 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 SITES. PLEASE NOTE THAT THE LICENSE AGREEMENT APPLICCABLE TO ANY SOFTWARE AVAILABLE THROUGH THE SITES MAY CONTAIN EXPRESS (BUT NOT IMPLIED) WARRANTIES APPLICCABLE TO SOFTWARE, WHICH WILL GOVERN THAT PARTICULAR SOFTWARE. EXCEPT AS EXPRESSLY WARRANTED BY STREAMFRAME IN SUCH LICENSE AGREEMENT, THE SOFTWARE IS GOVERNED BY THE DISCLAIMER OF WARRANTIES SET FORTH IN THE TERMS.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL STREAMFRAME 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 SITES OR MATERIALS OR FUNCTIONS ON THE SITES, REGARDLESS OF WHETHER STREAMFRAME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS SECTION, THE TOTAL LIABILITY OF STREAMFRAME 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 STREAMFRAME TO ACCESS AND USE THE SITES. NOTHING IN THIS SECTION SHALL LIMIT STREAMFRAME’S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM STREAMFRAME’S PROVEN NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICCABLE LAWS.
You hereby agree to indemnify and hold harmless Streamframe, its affiliates, 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.
14. US-BASED SITES
The Sites are controlled and operated from its facilities in the United States. Streamframe makes no representations that the Sites or any part thereof are appropriate or available for use in other locations. Those who access or use the Sites from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terroristsupporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Streamframe may limit the Sites’ availability, in whole or in part, to any person, geographic area or jurisdiction Streamframe chooses, at any time and at Streamframe’s sole discretion.
This Agreement is governed by the laws of the State of Nevada, United States of America. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the County of Clark, State of Nevada, United States of America in all disputes arising out of or relating to the Terms or your use of the Sites and waive any objection on the grounds of venue or forum of convenience or any similar ground. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Streamframe as a result of the Terms or use of the Sites. 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. You may not assign any rights under the Terms without the prior consent of Streamframe. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Streamframe with respect to the Sites. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Streamframe with respect to the Terms. 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.
16. COPYRIGHT AND TRADEMARK NOTICES
All content of the Sites is Copyright © 2016 Streamframe Corporation, or the respective copyrights of its suppliers. All trademarks on the Sites are the trademarks of their respective owners. All rights not expressly granted by the Terms are reserved.