Terms And Conditions
A. Your Acceptance of These Terms and Conditions
- To use the Service, you must create an account and register as a member by providing a user name, a password, your name, your address, your age, and a valid email address. It is optional to provide your phone number. You must provide complete and accurate registration information to Stream.me and notify us if your information changes. If you are a business organization of any type or any other entity other than an individual, the person whose email address is associated with the account must have the authority to bind the organization or other entity to these Terms and Conditions. We encourage you to use your real name. If you are a business organization of any type or any other entity other than an individual, you must use the actual name of your organization or other entity. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
- You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer to which others have access, then you must log out of your account after using the Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately. You may be liable for any loss or damages of Stream.me or others due to unauthorized use of your account.
C. Age Requirement and Ability to Accept Terms and Conditions
- You must be at least 13 years of age to use the Service and to visit the website. If you are not at least 13 years of age, then you cannot use the Service and you must leave the website. If you are at least 13 years of age but still a minor, then you need parental or guardian consent to use the Service and to visit the website.
- By using the Service, you affirm that: (1) you are at least 18 years of age, possess legal parental or guardian consent to use the Service, or are an emancipated minor; and (2) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, limitations of liability, warranties and all other terms set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
D. The Service and Restrictions on Use
- Stream.me hereby grants you permission to access and use the Service, subject to your compliance with all restrictions and limitations stated in these Terms and Conditions. Your use of the Service must for your own, personal use. Unless you obtain Stream.me’s written permission, you may not use the Service for commercial purposes.
- You may broadcast streams of games, live events, other events, or other subject matters (all of which are included in any reference herein to "Content") by use of the Service only if you comply with the restrictions and other provisions stated in these Terms and Conditions. Additionally, you may upload, post or submit (all of which are referred to herein at times as "submit") text, images, or other works (all of which are included in any reference herein to "Content") in maintaining your public profile or in using the messaging or live chat features of the website only if you comply with the restrictions and other provisions stated in these Terms and Conditions. You shall be solely responsible for your own Content and the consequences of streaming, submitting or publishing your Content on the Service. You affirm, represent, and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to publish, stream or use any Content you stream or submit on or to the website; (2) any Content you stream or submit does not infringe any third party’s rights, including but not limited to copyrights, other intellectual property rights, and privacy rights; and (3) any Content you stream or submit complies with all provisions of these Terms and Conditions.
- You agree to not download or copy any Content on the Stream.me website. You may send to third parties a link to other Content contained on the Stream.me website. Also, you may click the “SHARE” icon contained on the Stream.me website for the limited purpose designed by Stream.me for that feature of the website.
- You must comply with all applicable laws in your use of the Service.
- You agree to not alter or modify the Service. You agree not to upload or launch any automated system, viruses, or software onto or within Stream.me’s website, such as “robots” or “spiders.” You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content on the website.
- As described below in Section E and elsewhere in these Terms and Conditions, Stream.me reserves certain rights regarding your use of the Service. This includes but is not limited to Stream.me reserves the right to discontinue any aspect of the Service at any time for any reason in its sole discretion.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and Stream.me is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. As described in more detail below, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stream.me, and you agree to indemnify, hold harmless and defend Stream.me and its related entities to the fullest extent allowed by law regarding all matters related to your use of the Service.
E. Content Restrictions
- You may not stream or submit any Content which in any way:
- Infringes upon any third party's copyright, trademark, or other intellectual property rights;
- Infringes or damages any third party’s other rights, such as privacy rights;
- Exploits minors;
- Contains sexually explicit images or pornography;
- Was stolen or illegally obtained or is being used illegally;
- Contains hateful, defamatory, or discriminatory Content or incites hatred against any individual or group;
- Constitutes harassment or bullying of any person or group;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or illegal schemes or conduct of any kind, such as illegal money-making schemes, online gambling or betting, etc.; or
- Promotes any illegal conduct; or
- Violates any applicable laws.
- You further agree that Content you stream or submit to the Service will not contain third party copyrighted material, or material that is subject to other intellectual property rights or other proprietary rights of third parties, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant Stream.me all of the license rights granted under these Terms and Conditions.
- You understand that Stream.me does not guarantee any confidentiality with respect to any Content you stream or submit.
F. Our Reservation of Rights
- We reserve all rights stated in these Terms and Conditions. These rights include, but are not limited to, we reserve the right to:
- Delete or prevent streaming of any Content streamed or submitted by you or any user of the Service (and we will not be liable for any loss of such Content);
- Not display your or any user’s Content, or display your Content at any location on the Stream.me website we choose; and
- Monitor all conduct on and Content streamed or submitted on or to the Stream.me website (although we assume no obligation to do so).
- Stream.me does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Stream.me expressly disclaims any and all liability in connection with any such Content. Stream.me does not permit copyright infringing activities or the infringement of other intellectual property rights on the Service, and Stream.me will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Stream.me reserves the right to remove any Content without prior notice.
- Stream.me reserves the right to cancel any user’s account at any time in Stream.me’s sole discretion. Stream.me also reserves the right to decide whether any Content violates these Terms and Conditions for any reason. Stream.me may at any time, without prior notice and in its sole discretion, remove any Content and/or terminate a user's account for submitting any Content in violation of these Terms and Conditions or if a user’s conduct or Content would tend to damage Stream.me’s reputation or goodwill. If we terminate your account, we may prevent you from re-registering for the Service. We also reserve the right to block your email address and Internet protocol address to prevent further registration.
G. Code of Conduct
- In using the Service, you must act in a civil and respectful manner at all times. Additionally, you will not: Harass or stalk any other person; Harm or exploit minors; Stream or submit any Content which violates any entity’s copyright, trademark, or other intellectual property rights or privacy rights; Act in a deceptive manner by, among other things, impersonating any person; Distribute "spam;" Collect information about others; or Advertise or solicit others to purchase any product or service.
H. Licenses Granted by You
- License to Stream.me. As between you and Stream.me, Stream.me does not obtain any ownership rights of any Content you stream or submit to the Service. If you stream or submit any Content on or to the Service, you grant Stream.me and its related entities a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Content for the purposes of: (1) displaying the Content within the Service; (2) promoting the Service; and/or (3) archiving or preserving the Content for disputes, legal proceedings, or investigations.
- License to Other Users. You further grant all users of the Service permission to view your Content for their personal, non-commercial purposes.
- Duration of Licenses. The above licenses will continue unless and until you remove your Content from the Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed Content may be cached in search engine indices after removal and that Stream.me has no control over such caching.
I. DMCA and Copyright Infringement Notices
- Stream.me’s Designated Agent for purposes of notices described under the Digital Millennium Copyright Act ("DMCA") is:
701 Brazos St., Suite 970
Austin, TX 78701
- If you are a copyright owner or an agent thereof and believe that any Content displayed on this website infringes upon your copyright(s), you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further 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 a single online site are covered by a single notification, a representative list of such works at that site; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic 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 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.
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice in writing to the Designated Agent containing the following information:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Stream.me may send a copy of the counter-notice to the original complaining party informing that person that Stream.me may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Stream.me's sole discretion.
- YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, StreamMe, Inc. AND ALL OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, RELATED COMPANIES, AGENTS, AND OTHER REPRESENTATIVES (REFERRED TO HEREIN AS “ITS RELATED ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE WEBSITE, YOUR USE OF THE SERVICE OR WEBSITE, AND OTHERS’ USE OF THE SERVICE OR WEBSITE. StreamMe, Inc. AND ITS RELATED ENTITIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO ITS WEBSITE. StreamMe, Inc. AND ITS RELATED ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR OR RELATED TO: (1) ANY ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT; (2) ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSS OF ANY NATURE WHATSOEVER RESULTING IN ANY WAY FROM YOUR ACCESS TO OR USE OF THE SERVICE OR THE WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY US OR ANY THIRD PARTY; AND/OR (6) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR ANY CONTENT STREAMED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
- StreamMe, Inc. AND ITS RELATED ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. StreamMe, Inc. AND ITS RELATED ENTITIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
K. Limitations of Liability
- IN NO EVENT SHALL StreamMe, Inc. OR ANY OF ITS RELATED ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES WHATSOEVER [WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY] RESULTING FROM ANY ACTION OR ACT OF OMISSION BY US, RESULTING FROM ANY CONTENT ON THE WEBSITE, OR IN ANY WAY WHATSOEVER RELATED TO THE WEBSITE, THE SERVICE, YOUR CONDUCT, OUR CONDUCT, OR OTHERWISE. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WHETHER OR NOT WE HAVE ANY KNOWLEDGE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES OR ECONOMIC LOSSES.
- WITHOUT IN ANY WAY LIMITING THE FOREGOING LIMITATIONS OF LIABILITY, EXAMPLES OF THESE ACTIONS, OMISSIONS OR OTHER EVENTS OR CONDUCT FOR WHICH OUR LIABILITY IS LIMITED INCLUDE BUT ARE NOT LIMITED TO: (1) ANY ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT; (2) ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSS OF ANY NATURE WHATSOEVER RESULTING IN ANY WAY FROM YOUR ACCESS TO OR USE OF THE SERVICE OR THE WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY US OR ANY THIRD PARTY; AND/OR (6) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR ANY CONTENT STREAMED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE
- YOU SPECIFICALLY ACKNOWLEDGE THAT StreamMe, Inc. AND ITS RELATED ENTITIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY REASON BASED ON ANY CONTENT, BASED ON ANYTHING OR ACTION BY ANYONE RELATED TO THE SERVICE OR THE WEBSITE, OR BASED ON THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- EXCEPT AS SPECIFICALLY LIMITED IN THIS PARAGRAPH, YOU AND US AGREE THAT ANY CAUSE OF ACTION OR LEGAL CLAIM BETWEEN US WHICH YOU HAVE OR WHICH WE HAVE ARISING OUT OF OR RELATED TO THE SERVICE OR WEBSITE IN ANY WAY WHATSOEVER MUST BE BROUGHT IN AN APPROPRIATE COURT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR LEGAL CLAIM ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR LEGAL CLAIM IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS. THE ONLY EXCEPTION TO THE TERMS OF THIS PARAGRAPH IS ANY LEGAL RIGHT EITHER YOU OR US HAVE TO BE INDEMNIFIED, HELD HARMLESS OR DEFENDED BY THE OTHER PARTY.
- The Service is controlled and offered by Stream.me from its facilities in Texas, USA. Stream.me makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- To the fullest extent allowed by law, you agree to defend, indemnify and hold harmless StreamMe, Inc. and its affiliates, officers, directors, shareholders, employees, related companies, agents, and other representatives from and against any and all claims, lawsuits, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys fees) arising from: (1) your use of and access to the Service or this website; (2) your violation of any provision of these Terms and Conditions; (3) your violation of any third party right, including without limitation any copyright, other intellectual property right, or privacy right; (4) any claim that your Content caused damage to a third party; or (5) any conduct or act of omission by you in any way related to the Service, the website, or your Content. These defense and indemnification obligations shall survive these Terms and Conditions and your use of the Service.
- These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stream.me without restriction.
N. General Provisions
- You agree that these Terms and Conditions shall be governed by the internal substantive laws of the State of Texas, without consideration of its conflict of laws principles. You agree that any claim, dispute or lawsuit between you and us that in any way relates to the Service or this website shall be decided exclusively by a court of competent jurisdiction located in Travis County, Texas, U.S.A. You and us both consent that to the courts located in Travis County, Texas, U.S.A. having exclusive personal and subject matter jurisdiction over any such claims, disputes or lawsuits.
- If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and Stream.me's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of Stream.me’s ability to assert any such right or provision in the future.
- You agree that we have the right to amend these Terms and Conditions at any time, and without express notice to you, by updating or amending these Terms and Conditions as stated on the website. It is your responsibility to periodically review these Terms and Conditions to see if any terms have been amended. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its amended or revised provisions.
Last Updated: August 12, 2016