TERMS OF USE (“Terms of Use”)

Welcome

Welcome to StreamIndustry.com!

StreamIndustry.com (the “Site”) is provided to you for the sole purposes of your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the “Services”).

DISCLAIMER: NONE OF THE CONTENT CONTAINED ON THE SITE IS LEGAL ADVICE. STREAM INDUSTRY (STREAMINDUSTRY.COM) IS NOT A LAW FIRM OR LAW OFFICE. UNDER NO CIRCUMSTANCE SHOULD YOU TAKE ANY OF THE WRITINGS CONTAINED ON THE SITE AS A SUBSTITUTE FOR LEGAL ADVICE. IF YOU SEEK LEGAL ADVICE AS TO A PARTICULAR PROBLEM OR ISSUE, CONSULT YOUR ATTORNEY OR, IF YOU DO NOT HAVE AN ATTORNEY, YOUR STATE OR LOCAL BAR ASSOCIATION. Please read these Terms of Use carefully. The Terms of Use include our policy for acceptable use of the Site, Services, and content contained therein, as well as your rights, obligations and restrictions regarding your use of the Services. We grant you a limited, revocable, non-exclusive license to access the Site and Services for your own personal use, subject to these Terms of Use. Use of the Services beyond the scope of authorized access granted to you terminates this permission. If you are under eighteen (18) years of age, your parent or legal guardian must consent to your acceptance of this EULA Terms of Service before you can use the Service. You are not permitted to use the Service if you are under thirteen (13) years of age under any circumstance.

By accessing the Site or Services, you accept, without limitation or qualification, the following Terms of Use, and our Privacy Policy, which is incorporated herein by this reference. You are only authorized to use the Services if you agree to abide by the Terms of Use and all applicable laws. If you do NOT accept the Terms of Use, Privacy Policy and the Rules, then please discontinue your use of the Site and the Services as you are NOT PERMITTED to use the Service under any other circumstances.

We may modify these Terms of Use from time to time and each modification will be effective upon posting on the SI, which serves as notice to you. These Terms of Use constitute the entire agreement regarding your use of the Site or the Services and supersede any such prior Terms of Use. We will attempt to notify you of changes to these Terms of Use but are not obligated to do so, as it is important that you review the Terms of Use regularly to ensure you are updated as to any changes made. When changes are made, we will indicate at the bottom of this page the date that revisions were made.

Content on the Site

You understand that all information, data, text, sound, photographs, graphics, video, postings, messages, software, tags, advertisements or other information or materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Site’s proprietors, are entirely responsible for all Content, which is intended to be available to the general public, that you upload, post, transmit or otherwise make available through the Services. We do not control all Content posted through the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the Services are not necessarily those of the Site orSI or its owners, employees, content providers, advertisers, sponsors, affiliated or related entities. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services.

Member Content: Responsibility for your Content

You are solely responsible for the Content you submit or make available for inclusion through the Services (“Member Content”) and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Site to use all trademarks, service marks, copyrights, rights of publicity, and other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner intended by the Services and the Terms of Use; you agree that you will not submit Member Content that violates these Terms of Use.

The Site does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You represent and warrant that you will not submit Member Content that infringes on the rights of any third party or that violates or is contrary to applicable local, national, and international laws and regulations.

The author of each item of Content he or she uploads agrees to take full responsibility for that content and indemnify the Site and its owners for any liability arising from such Content.

Member Content: Ownership & License

The Site and its owners do not claim ownership rights over your Member Content. However, you grant us a perpetual, irrevocable, worldwide, transferable, sublicenseable, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the Services, solely for the purpose for which such Member Content was submitted or made available. This license is not a sale and does not grant you any ownership title, rights, or interest. You grant each user of the Services a non-exclusive license to access your Member Content, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Services under these Terms of Use.

Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Services by the Site and/or its members, the Site is under no obligation to delete or ask or require other Site members to delete that Member Content, and therefore, it may continue to appear and be used throughout the Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted.

Permitted Use of Content

The content associated with the Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like (“ Site Content”) and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by, licensed to, or used under the fair use doctrine, public domain doctrine, first sale doctrine, merger doctrine, or other safe harbor doctrines by the Site, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, the Site does not grant you any express or implied rights, and all rights in and to the Services and the Site Content which are in fact owned by the Site are retained with all rights reserved by the Site.

You may access Member Content for your information and personal, non-commercial, use solely as intended through the provided functionality of the Services. Member Content and Site Content are provided to you “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE” for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, performed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of taking down infringing Content as well as disabling or terminating, inappropriate circumstances and at our sole discretion, the account of any Site member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by following our DMCA notification procedure.

Member Accounts

In order to participate in the Services, you must create an account and become a member of the Site. All members will receive a password and are responsible for maintaining confidentiality of such password. Each member’s right to use the Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify the Site of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.

User Conduct

You may not use the Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms.  Your access to the Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, or for any other reason, or no reason. You expressly agree not to:

  • Act as an agent, affiliate or representative of the Services and utilize the Services or Member Content or Site Content for any commercial purpose other than for which the Services is intended without our express written permission,
  • Access, monitor or copy any content or information of the Services using any robot, spider, scraper, offline reader, or other automated means or any manual process for any purpose without our express written permission,
  • Circumvent, disable or otherwise interfere with security-related features of the Site or Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure,
  • ”Frame,” “mirror” or otherwise incorporate any part of the Services into any other Web site without our prior written permission, or
  • Give your user name or password to anyone else.

You agree not to use the Services for any commercial use, without the prior, written authorization of the Site. Prohibited commercial uses include any of the following actions taken without our express approval:

  • Sale of access to the Services on another Web site,
  • Use of the Services for the primary purpose of gaining advertising or subscription revenue,
  • Collection or harvest of any personally identifiable information, including user account names or email addresses, from the Site, or use of the communication systems provided by the Service for any commercial solicitation purposes. Sale, licensing, or other exploitation of Site Content which you copied, reproduced, altered, or distributed.
  • Sale of advertising on the Services or any third-party Web site, targeted specific Member Content or Site Content, and
  • Use of the Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Services, Site Content, or Member Content.

Unauthorized commercial uses do not include uploading Member Content to the Services to promote your business or artistic enterprise, or any use that the Site expressly authorizes in writing.

The following behaviors or activities are strictly prohibited when using the Services:

  • Strong, vulgar, obscene or otherwise harmful language,
  • Racially, ethnically or otherwise, objectionable language,
  • Harassing, intimidating, stalking or threatening other Site members,
  • Libelous, defamatory or otherwise tortuous language,
  • Online vandalism,
  • Impersonation of another person,
  • Posting, distributing, transmitting or promoting illegal Content,
  • Invasion of another’s privacy,
  • Actions that are hurtful to minors,
  • Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
  • Posting, providing, transmitting or otherwise making available any junk mail or spam, and
  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Services.

We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

If you produce content that is covered under 18 U.S.C. §2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 U.S.C. §2257 and compliance here.

Termination of Service

You agree that the Site, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that the Site will not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after your member account has been terminated.

You agree that if you are dissatisfied with the Services, if you do not agree with any part of these Terms of Use, or if you have any other dispute or claim with or against us with respect to these Terms of Use or the Services, your sole and exclusive remedy is to discontinue using the Services.

Links

The Services may provide links to other Web sites or resources. Because we have no control over such Web sites and resources, you acknowledge and agree that the Site is not responsible for the availability of such external Web sites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such Web site or resource.

Children Use Policy and Children Online Protection Act Notification

Children under 13 years of age are not permitted to access the Site. Children between 13 and 18 years of age should only access the Site with the consent of their parent or guardian.

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org’s Web site, http://www.parentalsoftware.org.

Indemnity

You agree to defend, indemnify and hold the Site, our owners, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and the Site moderators harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the Services, by your violation of the Terms of Use, or by your violation of any third party right, including without limitation any copyright, trademark, service mark, publicity, property, or privacy right.

Trademark Information

The Site and its logo are our trademarks. You agree that all Site trademarks, including Site trade names, service marks, logos and service names are trademarks and the property of the Site. Without our prior permission, you agree not to display or use in any manner any Site mark. All trademarks included in the Services that are not owned by the Site are the property of their respective owners and are used under a license or the doctrines of descriptive use or fair use. Nothing contained on the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

Disclaimer of Warranties / Limitation of Liability

You understand and agree that the Services are provided “AS-IS,” “WITH ALL FAULT” and “AS AVAILABLE,” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

No advice or information, whether oral or written, obtained by you from the Services shall create any warranty not expressly stated in these Terms of Use. In no event shall the Site or its owner, or affiliates, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from your use of the Services even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.

We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, Site members or users of the Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.

Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall at all times be limited to the greater of (A) the amount paid, if any, by you to us in connection with the Services in the 12 months prior to the action giving rise to the liability, or (B) US$100.00. You and the Site agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

You are not allowed to promote a contest, sweepstakes or giveaway on the Site without our express, advanced approval.

General

If there is any claim or dispute about or involving the Services, you agree that the claim or dispute will be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the state and federal courts located in the County of Los Angeles, California and the Central District Court, California, respectively, with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. The Services are controlled and offered by the Site in the United States and we make no representation that materials associated with the Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Services from other jurisdictions do so at their own initiative and are responsible for compliance with their local laws.

Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

Revised: December 18, 2011