Last Updated May 23, 2019, Version 1.0
IMPORTANT LEGAL NOTICE.
TERMS GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED THROUGH THE
WEBSITE. THESE TERMS SET FORTH A BINDING AGREEMENT BETWEEN YOU AND STREAMRAY
INC. OR IF IN THE EU, WIGHT ENTERPRISE LIMITED.
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND
LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE
By accessing, viewing or using any Services, you represent and warrant that you are at least 18 years old and the age of majority and legal consent in the jurisdiction in which you live or reside, and you agree to be bound by and subject to these Terms.
If you do not agree to these Terms, you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave this page and not access or use the Website or any other Services.
Upon our request, you agree to sign a non-electronic version of these Terms.
Account. In order to participate in or receive certain Services, you will be required to create an account with us (“Account”), and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
Use of Services; Assumption of Risk. The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
Your Additional Representations and Warranties. You further represent and warrant to us, under penalty of perjury, as follows:
(a) You will
not provide or permit access or use of the Services, or your Account, by any
Account information is current, complete and accurate and you will promptly
update all information to keep your Account and billing information complete
and accurate upon any change (such as change of billing address, credit card
number or expiration date);
(c) You have
not and will not access or use the Services from any place or jurisdiction
where such use is prohibited or contrary to applicable laws, rules,
regulations, ordinances, edicts or customs, and you are not a national or
resident of any country which the United States has (i) embargoed goods; (ii)
identified as a “Specially Designated National”; or (iii) placed on the
Commerce Department’s Table of Deny Orders;
(d) Your use
of the Services is and will be in compliance with all applicable laws, rules,
regulations, ordinances, edicts or customs;
(e) If you
establish an Account, you (i) have never been convicted of a felony; and (ii)
are not required to register as a sex offender with any government entity or
(f) You are
either single or separated from your spouse or domestic partner.
(g) You will
not use any robot, spider, scraper or other automated measures to (i) access or
use the Services, (ii) circumvent any technical measures we use to provide the
Services, (iii) cause harm to us or our affiliated entities, (iv) manipulate
the results or outcome of any contest, game, program, or promotion that awards
Promotional Credits (defined below).
PLEASE NOTE THAT WE DO
NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS.
Party Links and Pages; Reliance on Content and Advice.
Services may include hyperlinks or banner ads to third-party websites, content
and/or resources (“Resources”). You acknowledge and agree that we
have no control over and are not responsible for the availability of any such
Resources, and we do not endorse any advertising, products or other materials
on or available from such Resources. Because we cannot control the activities
of such Resources, we cannot accept responsibility for any use of your personal
information by such third parties, and we cannot guarantee that they will
adhere to the same privacy and security practices as us. If you visit or link
providing any personal information. You agree that we shall have no liability
for any losses, damages, liabilities or expenses you may incur due to your use
of such Resources, and you agree to indemnify us and hold us harmless for any
Opinions, advice, statements, offers, or other information or content made
available through the Services are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely responsible for
such content. We do not: (i) guarantee the accuracy, completeness, or usefulness
of any information through the Services, or (ii) adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion, advice, or
statement made by any party that appears through the Services. Under no
circumstances will we or our affiliated entities be responsible for any loss or
damage resulting from your reliance on information or other content posted
through the Services or transmitted to or by any of our users or members.
content provided through the Services, including but not limited to, the text,
data, software, manuscripts, graphics, photographs, music, sounds, videos,
interactive features, blogs, posts, feedback, messages, tags and other
materials (collectively, “Content”) and the trademarks, service marks
and logos contained therein (“Marks”) are owned by or licensed to us,
subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions. All Content is provided to you
solely for your information and personal, non-commercial use. You agree to not
engage in the use, copying, or distribution of any Content other than as
expressly permitted herein. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise interfere
with security related features of the Services or features that prevent or
restrict use or copying of any Content or enforce limitations on the use of the
Services or Content. We or our licensors retain all intellectual and
proprietary rights in and to the Services and Content, except as expressly
provided herein. No right is granted to you herein to use any Marks.
Provided “AS IS”; Access to Content. You understand that Content,
whether publicly posted or privately transmitted, is the sole responsibility of
the person from whom such Content originated. We do not control this Content
and do not guarantee its accuracy, integrity or quality. All such Content is
provided “AS IS” without representation or warranty of any kind.
Under no circumstances shall we be liable to you 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. We
claim immunity from liability to the fullest extent permitted by law, and as
further provided under the Communications Decency Act, for any Content provided
by third parties. Neither our actions nor any provision in these Terms is
intended to waive, remove or usurp such immunity.
Services are made available for your personal, noncommercial use. You will not
advertise or solicit any user or member to buy or sell any products or services
through the Services. You may not transmit any chain letters, junk or spam
e-mail to other users or members. Further, you will not use any information
obtained from the Services in order to contact, advertise to, solicit, or sell
to any user or member without their prior express consent. If you breach the
terms of this subsection and/or send or post unsolicited bulk email,
“spam” or other unsolicited communications of any kind through the
Services, we reserve all rights, claims and causes of action we may have,
statutory or otherwise, including but not limited to, the right to seek
statutory penalties for each such unsolicited communication you send through
Communications and License to Your Content; Right to Block or Remove Content.
acknowledge and agree that your communications with other users or members via
chats, conferences, bulletin boards, blogs, posts and any other publicly
accessible avenues of communication through the Services are public and not private
communications. Therefore, we strongly encourage you to use caution before
disclosing any personal information about yourself in your public
communications. We are not responsible for information that you choose to
communicate to other users or members, or for the actions of other users or
members, and you agree to indemnify us and hold us harmless from any losses,
liabilities, damages or expenses you may incur due to such communications or
otherwise make publicly available any Content through the Services
(“Personal Content”), you expressly grant us, and hereby represent
that you have the right to grant us, a perpetual, irrevocable, world-wide,
assignable, sub-licensable, and transferable right and license to quote,
re-post, use, copy, reproduce, modify, create derivative works of, incorporate
into other works, distribute, transmit, broadcast, communicate, publicly
display, publicly perform and otherwise exploit such Content in any form or
media, anywhere, and without any notice or compensation to you of any kind. You
hereby grant us all consents, rights and clearances to enable us to use such
Personal Content for such purposes. Personal Content may be searchable by, and
you may be able to view and search Personal Content on, different websites
(i.e., different URLs in the form of “co-brands” or “private
labels”) operated by us or our affiliated entities. Personal Content may
also be searchable by third-party search engines, such as google, yahoo and
reserve the right, but not the obligation, to refuse to transmit or post, and
to disclose, block or remove any Content, including but not limited to,
Personal Content, in whole or in part, that we, in our discretion, deem to be
in violation of these Terms or otherwise harmful to persons using the Services,
regardless of whether this material or its dissemination is unlawful. We retain
the right, but not the obligation, to monitor all transmissions and postings of
Personal Content and other materials from time to time to investigate or
prevent violations of these Terms. In addition, we may also take reasonable
steps, including the limiting or filtering of the number of emails, chat
messages or posts sent or received by a user or member.
further agree not to use the Services to:
post, email, transmit or otherwise make available any Content that is unlawful
(e.g., prostitution), harmful, threatening, abusive, harassing, tortious,
defamatory, obscene, libelous, invasive of another’s privacy, hateful, or
racially, ethnically or otherwise objectionable;
minors in any way or commit abuse;
impersonate or misrepresent your affiliation with, including acting as an
employee of, us or our affiliated entities;
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Services;
post, email, transmit or otherwise make available any Content that you do not have
a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, “affiliate marketing
codes,” “link referral code,” or any other form of commercial
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software,
hardware, networks or telecommunications equipment;
the normal flow of dialogue, cause a screen to “scroll” faster than
other users or members of the Services are able to type, or otherwise act in a
manner that negatively affects other users’ or members’ ability to engage in
interfere with or disrupt the Services or servers or networks connected to the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Services, including using any device, software or
routine to bypass our robot exclusion headers;
any applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
but not limited to, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
material support or resources (or conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
“stalk” or otherwise harass another person or user or member;
or store personal data about other users or members without their consent
(including, but not limited to, through the use of scripts, bots or web
crawlers) or upload, post, email, transmit, chat or otherwise disclose other
users’ or members’ private information; or
any telephone numbers, street addresses, last names, URLs or email addresses in
any user or member profile that you create.
PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO OUR CUSTOMER SERVICE DEPARTMENT.
Interactions and Disputes.
(a) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS; INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. IF YOU FIND OTHER USERS’ OR MEMBERS’ INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY USE THE REPORT ABUSE PAGE PROVIDED ON THE WEBSITE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these Terms.
(b) In the
event that you have a dispute with one or more other users or members, you
hereby release us, our parent, subsidiaries and affiliated entities, and ours
and their shareholders, directors, officers, employees, agents, successors and
assigns from any and all claims, demands, damages (actual and consequential),
losses and liabilities of every kind or nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes. If you are a California resident, you waive
California Civil Code Section 1542, which says: “A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor.”
Subscription, Usage and Foreign Transaction Fees; Promotional Credits; and Consent to Store Your Credit Card Number.
(a) Subscription Fees. Certain Services are subject to subscription fees (“Subscription Fees”). These Subscription Fees are provided to you upon registration and may change from time to time. Unless otherwise indicated, Subscriptions Fees cover an initial period, for which there is a one-time charge, followed by recurring periodic charges for subsequent periods as agreed to by you upon registration. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT THESE PREVIOUSLY AUTHORIZED RECURRING CHARGES (E.G., MONTHLY) WITHOUT ADDITIONAL AUTHORIZATION FROM YOU UNTIL YOU HAVE TERMINATED THIS AUTHORIZATION IN ACCORDANCE WITH YOUR SUBSCRIPTION PLAN OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES APPLIED BEFORE WE CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD FOR SUBSCRIPTIONS, GO TO THE BILLING HISTORY PAGE.
Fees. Certain other Services may require you to make one-time payments or
prepay certain amounts for credits, tokens, digital items or goods which may be
redeemed solely for specified Services (“Credits”). Credits, as well
as unused balances as described in Section 14(c), may not be redeemed for cash
and may not be returned or forfeited for a cash refund, except as may be
required by applicable law. In addition, Credits and unused balances are not
(c) Foreign Transaction Fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
(d) Consent to Store Your Credit Card Number. In order to facilitate your future transactions on this Website, it is necessary for us (or our agents, e.g., credit card processors, payment gateways) to store your credit card number. Credit card numbers are stored in secure formats, including, but not limited to, encrypted, masked, or tokenized. You consent to this storage and authorize us to use your credit card number for future transactions on this Website.
(a) We reserve the right to terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. In addition, we may terminate your Account and any membership and/or subscription with us by sending notice to you at the email address you provided in your application for membership, or pursuant to Section 31 below. Upon termination of these Terms, you will not be entitled to any refund of any unused Subscription Fees or other prepaid amounts. All decisions regarding the termination of Accounts shall be made by us in our sole discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of your Account, membership or subscription.
(b) You may terminate your Account, membership and/or subscription with us at any time, and termination will be effective immediately upon receipt of notice in accordance with Section 31. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY AMOUNTS PREPAID BY YOU AND YOU WILL NOT RECEIVE ANY REFUND FOR ANY UNUSED DAYS OF ANY
termination of these Terms for any reason, those provisions which, by their
nature survive termination (including, but not limited to, Sections 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35) shall survive termination in accordance with their
(a) In order to provide continuous service, we automatically renew all paid subscriptions for the Services on the day such subscriptions expire. Such renewals shall be (i) for a period equivalent to the period of your initial subscription to the Services or a shorter period of time if specified, and (ii) in our discretion, at the price of the same or comparable Services then in effect. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Terms, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please go to the BILLING HISTORY PAGE and turn auto-renewal off.
non-termination or continued use of the Services reaffirms that we are
authorized to charge your chosen payment provider. We may submit those charges
for payment and you will be responsible for such charges. This does not waive
our right to seek payment directly from you. Your charges may be payable in
advance, in arrears, per usage, or as otherwise described when you initially
subscribed to, or otherwise joined, the Services.
DMCA Notice. We strive to comply with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to Subsidiary’s DMCA Copyright Agent as follows:
Social to Go V.O.F
6165 BB Geleen
Attn. Copyright Agent
Pursuant to Section
512(f) of the DMCA, any person who knowingly materially misrepresents that
material or activity is infringing may be subject to liability.
If you believe that your
material has been mistakenly removed or disabled pursuant to this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above.
Pursuant to Section
512(f) of the DMCA, any person who knowingly materially misrepresents that
material or activity was removed or disabled by mistake or misidentification
may be subject to liability.
of Warranties. THE
SERVICES ARE PROVIDED “AS-IS” AND WE EXPRESSLY DISCLAIM ANY IMPLIED
WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO,
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
of Liability. IN NO
EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE,
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS’ OR
MEMBERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR
DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You agree to indemnify and
hold us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services or any breach or
violation of these Terms.
Software and Content provided through the Services is subject to United States export controls. No software or Content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Choice of Law. These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws rules or principles. If you are located in the EU, these Terms shall be governed by the laws of The Netherlands.
and Venue. You
agree to exclusive jurisdiction in California and venue in Santa Clara County, California for all arbitration and other proceedings arising out of these Terms. EU residents only: In the event of a dispute with us, jurisdiction and venue shall be in the courts of The Netherlands.
of Disputes. ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES,
PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS
INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE
RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT
SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in Santa Clara County, California. In the event such a JAMS proceeding is unavailable for any reason, such disputes shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively,
“AAA Rules”) of the American Arbitration Association
(“AAA”), as modified by these Terms, and will be administered by the
AAA before a single retired judge. The arbitrator shall be empowered to grant
whatever relief would be available in a court under law or in equity. This
Section and Section 25 below are subject to the Federal Arbitration Act, 9
U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 24 shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors’ rights in and to intellectual property or confidential information. This section does not apply to E.U. residents.
Action Waiver. IN
ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN
A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
Severability. If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall
be interpreted as if such provision was so excluded and shall be enforceable in
accordance with its modified terms.
Translations. These Terms represent the entire understanding between the parties with respect to the subject matter hereof and supersede all previous understandings, written, oral or implied. Where we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with us. If there is any
contradiction between what the English language version of these Terms and any translation, the English language version shall take precedence. Force Majeure. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control. Construction. The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined
herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
Notices. Except as explicitly stated
otherwise, legal and other notices (including but not limited to notices of
legal proceedings) shall be delivered to Streamray Inc. by U.S. mail at 910 E. Hamilton Ave., Sixth Floor, Campbell, CA 95008, USA Attn. Legal, or to you at the email address you provided us (a) at the time you registered; (b) through a subsequent notice of an address change; or (c) through a posting through the Services. Physical notices shall be effective when received. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid. In addition,we may provide notice by certified mail, postage prepaid and return receipt requested. In such case, notice shall be deemed given when received.
Waiver. Failure to enforce anyprovision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above.
Limitations of Claims. Youagree that any claim or cause of action arising out of or related to these
Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Non-Assignment. You may not resell, assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice or
This Agreement shall be binding upon the parties and their successors and permitted assigns.
Addresses of International Offices of our Affiliated Entities.