Terms of Sale
A. Your Acceptance of These Terms of Sale
- Please carefully read these terms of sale. You are bound by them. From time to time, members of Stream.me may purchase certain products, services, or digital content from Stream.me. Such purchased products, services, or digital content are referred to collectively in these Terms of Sale as “Purchased Products and Services” or individually as a “Purchased Product and Service.” These Terms of Sale shall apply to and be binding against the parties with respect to any Purchased Product and Service. By purchasing any Purchased Product and Service, you acknowledge you have read and understand these Terms of Sale and you agree to enter into a binding agreement governed by these Terms of Sale between you and StreamMe, Inc. (which is referred to in these Terms of Sale as “Stream.me,” “us,” or “we”). Your purchase of any Purchased Product and Service is also governed by Stream.me’s Terms and Conditions, which are incorporated herein by reference. In the event there is any inconsistency between the Terms of Sale and the Terms and Conditions, the language of the Terms of Sale shall be controlling.
- We may, in our sole discretion, modify or revise these Terms of Sale. You agree to be bound by any such modifications or revisions. You should periodically review the most up-to-date version of these Terms of Sale on our website. Any modified or revised terms will apply to any purchase made after such modifications or revisions are posted on our website. If you do not agree to these Terms of Sale, then do not make any purchases of Purchased Products and Services on our website.
B. Purchase Qualifications; Account Security
To make a purchase of any Purchased Product and Service on our website, you must be a registered member of Stream.me. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Stream.me sells its Purchased Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state or country of residence), you may make purchases of Purchased Products and Services on our website only with the permission of a parent or guardian. Stream.me reserves the right to refuse or cancel orders at any time for any reason in its sole discretion and to cancel any member’s account at any time for any reason in its sole discretion.
C. Subscription Service
Stream.me may offer the purchase of certain Purchased Products and Services on a subscription basis with recurring payments (referred to herein as a “Subscription Service” or collectively as “Subscription Services.”) Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. Stream.me reserves the right to discontinue or modify any subscription fee payment option. If you are signing up under any promotional Subscription Service, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service. You are responsible for all charges incurred under your account. Stream.me reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount. If you choose a Subscription Service, you hereby grant Stream.me permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Service will not be established until Stream.me has verified that the credit card or other payment information you provide Stream.me is accurate and that your payment method account is in good standing. You further agree that Stream.me may charge any other applicable fees for Purchased Products and Services, including any early termination fee, to your payment method. Stream.me reserves the right to suspend or terminate your access to any Subscription Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to Stream.me when Stream.me believes you are liable for the charges.
You are required to keep your billing information current, complete and accurate. For example, if you move, be sure to update your billing address. If you get a new credit/debit card, make sure you update us with the new card number and/or expiration date. If your credit/debit card is lost or stolen, make sure you notify us.
You may choose not to renew your Subscription Service at any time by indicating so under your subscription setting or by contacting us. Your cancellation is effective at the end of the current subscription term.
D. Refund/Cancellation Policy
When you make a purchase from us of any Purchased Product and Service, you generally will have immediate access to and use of the Purchased Product and Service you have purchased. Accordingly, our policy is you lose your right to cancel once you have made your purchase and we do not offer or allow any refunds, credits or cancellations. All sales are final.
E. Payment Method and Terms
As forms of payment, we currently accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our website. You are subject to all terms and conditions of the payment method you choose. By submitting an order to us, you authorize Stream.me or its designated payment processor to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by Stream.me. Stream.me may impose an additional transaction fee based on transactions associated with a Purchased Product and Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your completion of your purchase.
With respect to your purchase of any Purchased Product and Service from us, you acknowledge and agree that upon making any such purchase, Stream.me will have fully satisfied its obligation to deliver or otherwise provide the Purchased Product and Service, regardless of any failure or inability to use such Purchased Product and Service.
G. Service Descriptions and Availability, Errors
Stream.me and its suppliers and licensors continually upgrade and revise our website to provide you with new Purchased Products and Services. Stream.me may revise, discontinue or modify Purchased Products and Services at any time without prior notice to you, and Purchased Products and Services may become unavailable without notice. Stream.me shall have no liability of any kind if a Purchased Product and Service is unavailable. If necessary, Stream.me reserves the right to cancel an order or substitute a Purchased Product and Service of equal or greater value when a Purchased Product and Service is unavailable.
We attempt to be as accurate as possible and eliminate any errors associated with the Purchased Products and Services; however, we do not warrant that any Purchased Product and Service or description, photograph, pricing or other information of a related product, service or digital content is accurate, complete, reliable, current, or error-free. In the event of any type of error, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order. In addition, we may opt to provide you with a service credit, with a value equal to the amount charged to your payment method. Stream.me reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Purchased Products and Services credits.
You are responsible for payment of any applicable tax of any kind, including but not limited to sales taxes, use taxes, duties, or any other type of governmental tax or fee payable in connection with your purchase. If you do not pay such tax or fee, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Stream.me reserves the right to collect such taxes or other fees from you at any time.
- You agree that your purchase of any purchased product and service shall be at your own and sole risk. We provide any purchased product and service on an “as is” and “as available” basis. To the fullest extent permitted by law, Stream.me 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 any purchased product and service, the website, your use of any purchased product and service, and others’ use of any purchased product and service. Stream.me and its related entities make no warranties or representations about the accuracy or completeness of any purchased product and service. Stream.me and its related entities assume no liability or responsibility for or related to: (1) any errors, omissions, mistakes, or inaccuracies of content or otherwise associated with any purchased product and service; (2) any personal injury, property damage, or economic loss of any nature whatsoever resulting in any way from your access to or use of any purchased product and service or otherwise related to any purchased product and service; (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 related to any purchased product and service; (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through any purchased product and 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 any purchased product and service or any content streamed, posted, emailed, transmitted, or otherwise made available via our website.
- Stream.me 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 on our website or any hyperlinked services or featured in any banner or other advertising on our website. Stream.me 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 any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
J. Limitations of Liability
- In no event shall stream.me 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 relating in any way to any purchased product and service, resulting from any content on the website, or in any way whatsoever related to the website, any purchased product and 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 any purchased product and service, or your access to or use of the website or any purchased product and service; (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 website; (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by us or any third party; and/or (6) any loss or damage of any kind incurred as a result of any purchased product and service, your use of the website or any content streamed, posted, emailed, transmitted, or otherwise made available via the website.
- you specifically acknowledge that stream.me 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 any purchased product and 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 anything described herein 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 in any way to any purchased product and service or the website 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, as provided herein.
- Purchased Products and Services are controlled and offered by Stream.me from its facilities in Texas, USA. Stream.me makes no representations that any Purchased Product and Service is appropriate or available for use in other locations. Those who purchase or use any Purchased Product and 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 Stream.me 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 purchase and use of any Purchased Product and Service or this website; (2) your violation of any provision of these Terms of Sale; (3) your violation of any third party right, including without limitation any copyright, other intellectual property right, or privacy right; or (4) any conduct or act of omission by you in any way related to any Purchased Product and Service or the website. These defense and indemnification obligations shall survive these Terms of Sale and your use of any Purchased Product and Service.
- These Terms of Sale, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Stream.me without restriction.
M. General Provisions
- You agree that these Terms of Sale 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 any Purchased Product and 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 agree and consent that the courts located in Travis County, Texas, U.S.A. have exclusive personal and subject matter jurisdiction over any such claims, disputes or lawsuits.
- If any provision of these Terms of Sale 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 of Sale, which shall remain in full force and effect. No waiver of any provision of these Terms of Sale 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 of Sale 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 of Sale at any time, and without express notice to you, by updating or amending these Terms of Sale as stated on the website. It is your responsibility to periodically review these Terms of Sale to see if any terms have been amended. Your use of any Purchased Product and Service following any amendment of these Terms of Sale will signify your assent to and acceptance of its amended or revised provisions.
Last Updated: August 13, 2015