Terms of Service
Effective date: May 25, 2018
Streema, Inc. Terms of Service
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF SERVICE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STREEMA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Third-Party Links on the Streema Service
The websites (including the online streaming audio and/or TV stations) displayed as search results or linked to by the Streema Service are owned and operated by individuals and/or companies over whom Streema exercises no control. Streema assumes no responsibility for the content of any website or other resource included in any search results or otherwise linked to by the Streema Service. As an example, logos as well as links to radio station streams or TV stations are the copyright or trademarks of each respective radio station or TV station. If, for any reason, the owner and operator of a linked website wishes the link from the Streema Service to be deleted, they must contact Streema (firstname.lastname@example.org) and expressly request such deletion.
Personal Use Only
The Streema Service is made available for your personal, non-commercial use only. Use of Streema to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a Streema search and reformat and display them, or mirror the Streema home page or results pages on your website, or send automated queries to Streema's system without express permission from Streema.
If you wish to make commercial use of the Streema Service you must enter into an agreement with Streema to do so. Please contact email@example.com for more information.
Certain types of content are made available through the Streema Service. "Streema Content" as used in these Terms of Service means, collectively, the text, audio, data, graphics, images, photos and video files made available through the Streema Service, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, audio, data, graphics, images, photos and other content and information which Streema members post, upload and otherwise submit to the Streema Service, including without limitation in member created profile pages. User Submissions also include the sound recordings, musical works, audiovisual content or other content embodied therein of any online streaming TV or radio station whose station is linked through the Streema Service. STREEMA RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY STREEMA CONTENT OR USER SUBMISSIONS FROM THE STREEMA SERVICE WITHOUT NOTICE OR LIABILITY TO YOU.
3. Content Ownership, Responsibility and Removal.
Streema does not claim any ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your User Submissions. Subject to the foregoing, Streema and its licensors exclusively own all right, title and interest in and to the Streema Service and Streema Content, including all associated intellectual property rights. You acknowledge that the Streema Service and Streema Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Please also note that product names, logos, brands, and other trademarks included in the User Submissions and featured or referred to within the Streema Sites and the Streema Service are the property of their respective trademark holders. These trademark holders are not affiliated with Streema or the Streema Service. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Streema Service or Streema Content.
- Rights in User Submissions Granted by You. By making any User Submissions available through the Streema Service you hereby grant to Streema a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Submissions in connection with operating and providing the Streema Service and Streema Content to you and to other account holders. If you are a radio or TV station broadcasting entity whose station is linked through the Streema Service, in addition to the foregoing license, you hereby grant Streema the right to include your User Submissions in the Streema search directory of radio or TV stations and other online content.
- License to Your Marks. If you are a radio or TV station broadcasting entity whose station is linked through the Streema Service, you hereby grant to Streema and its licensees a non-exclusive, transferable, worldwide, royalty-free and sublicensable license to use, copy, modify, resize, distribute, publicly display and publicly perform your logos and trademarks and/or service marks (collectively, the “Marks”) that you make available to Streema via the Streema Service to advertise, market and promote your radio or TV station and the availability of your station on or through the Streema Service or the Sites in any and all media now known or hereafter devised. Subject to the foregoing license, you otherwise retain all right, title and interest in and to your Marks, and in all intellectual property rights embodied therein.
- Responsibility for User Submissions. You are solely responsible for all your User Submissions. You represent and warrant that you own all your User Submissions or you have all rights that are necessary to grant us the license rights in your User Submissions under these Terms of Service. You also represent and warrant that neither your User Submissions, nor your use and provision of your User Submissions to be made available through the Streema Service, nor any use of your User Submissions by Streema on or through the Streema Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Removal of User Submissions. You can remove your User Submissions by specifically deleting them. However, in certain instances, some of your User Submissions (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Streema Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions.
- Rights in Content Granted by Streema. Subject to your compliance with these Terms of Service, Streema grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display and print the Streema Content solely in connection with your permitted use of the Streema Service and solely for your personal and non-commercial purposes.
4. Rights and Terms for Streema Apps.
- Rights in Streema Apps Granted by Streema. Subject to your compliance with these Terms of Service, Streema grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the Streema Apps on a mobile device or computer that you own or control and to run such copy of the Streema Apps solely for your own personal non-commercial purposes. You may not copy the Streema Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Service, you may not: (i) copy, modify or create derivative works based on the Streema Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Streema Apps to any third party; (iii) reverse engineer, decompile or disassemble the Streema Apps; or (iv) make the functionality of the Streema Apps available to multiple users through any means. Streema reserves all rights in and to the Streema Apps not expressly granted to you under these Terms of Service.
- Accessing Streema Apps from App Store. The following terms apply to any Streema Apps accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Streema Apps may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms of Service are concluded between you and Streema, and not with the App Provider, and Streema (not the App Provider), is solely responsible for the Streema Apps.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the Streema Apps.
- In the event of any failure of the Streema Apps to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Streema Apps to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Streema Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Streema.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Streema Apps or your possession and use of the Streema Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Streema Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Streema Apps or your possession and use of that Streema Apps infringes that third party’s intellectual property rights, Streema will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Service as related to your license to the Streema Apps, and that, upon your acceptance of the Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the Streema Apps against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the Streema Apps.
We welcome feedback, comments and suggestions for improvements to the Streema Service (“Feedback”). You can submit Feedback by emailing Streema at firstname.lastname@example.org. You grant to Streema a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Paid Features
Certain features of the Streema Service, such as the removal of in-app ads, may require you to pay a fee in order to use them. If you choose to purchase these features, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars.
When you purchase any additional features we may offer, there will be a one-time charge for that purchase. Once you purchase these features and use all or any of them, or cancel your account before using all of them, you will not be entitled to a refund. We reserve the right to terminate or suspend your use of paid features of the Streema Service at any time and for any reason, without liability, pursuant to the terms of Section 8 of these Terms of Service. If we terminate or suspend your account with or without cause, in accordance with the terms of Section 8 of these Terms of Service, you will not be entitled to a refund for any fees you paid to us for these features, unless provided otherwise in the terms of sale.
7. Your Obligations When Using the Streema Service.
The Streema Service may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations, including laws governing the privacy, security and trans-border transfers of PII ((including, but not limited to, compliance with the General Data Protection (EU 2016/679) (the “GDPR”)) applicable to your business and operations and in connection with your use of the Streema Service. Where required, you shall be responsible for collecting verifiable consent (as defined under the GDPR) related to any PII collected, used, maintained, and shared with Streema, and otherwise have any and all rights required to provide such data to Streema, and ensure that any such data was properly obtained.
In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or Streema Apps:
- Circumvent, disable or otherwise interfere with security related features of the Streema Service or features that prevent or restrict use or copying of any Streema Content;
- Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- Use any meta tags or other hidden text or metadata utilizing a Streema name, trademark, URL or product name;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Streema Service to send altered, deceptive or false source-identifying information;
- Upload, post, email, or otherwise transmit, via the Streema Service, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Streema;
- Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Streema Service, servers or networks connected to the Streema Service or the technical delivery systems of Streema's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Streema Service;
- Attempt to probe, scan or test the vulnerability of any Streema system or network or breach or impair or circumvent any security or authentication measures protecting the Streema Service;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Streema Services;
- Attempt to access, search or meta-search the Streema Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Streema or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
- Collect or store personal data about other Streema Users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
- Use the Streema Service in any manner not permitted by this Agreement; or
- Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
8. Termination; Cancellation.
- We may immediately terminate or suspend your access to the Streema Service and remove any material (including User Submissions) from the Streema Service or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Streema Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Streema Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Streema is not liable to you or any third party for termination of the Streema Service or termination of your use of the Streema Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE STREEMA SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Streema will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
- Any suspension, termination or cancellation will not affect your obligations to Streema under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
9. Modification of the Streema Service or Terms of Service.
Streema reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Streema Service, or modify these Terms of Service without notice. If any modified terms and conditions in the revised Terms of Service are not acceptable to you, your sole remedy is to cease using the Streema Service. By continuing to access or use the Streema Service after Streema makes any such modification, you agree to be bound by the revised Terms of Service.
10. Disclaimer of Warranties.
Streema disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Streema Service. Streema disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Streema disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Streema Service.
THE STREEMA SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. STREEMA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. STREEMA DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE STREEMA SERVICE. STREEMA DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE STREEMA SERVICE. STREEMA DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE STREEMA SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY STREEMA, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE STREEMA SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE STREEMA SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL STREEMA BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE STREEMA SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF STREEMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE STREEMA SERVICE, FROM INABILITY TO USE THE STREEMA SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE STREEMA SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE STREEMA SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE STREEMA SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE STREEMA SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE STREEMA SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE STREEMA SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, STREEMA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL STREEMA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE STREEMA SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO STREEMA FOR USE OF THE STREEMA SERVICE OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STREEMA, AS APPLICABLE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Streema be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Streema are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Streema each waive any objection to jurisdiction and venue in such courts.
13.Dispute Resolution for Consumers.
The following terms of Section 13 “Dispute Resolution for Consumers” only apply if you are an individual who is using the Streema Service and Streema Content for your own personal use and are not representing a legal entity.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Streema Service or Streema Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you andwe each waive any right to a jury trial.
- Exceptions and Opt-out. As limited exceptions to Section 13(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com or by regular mail at 2255 Glades Rd, Suite 324A, Boca Raton, FL 33431 within thirty (30) days following the date you first agree to these Terms of Service.
- Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address: 2255 Glades Rd, Suite 324A, Boca Raton, FL 33431, requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 9 “Modification of the Streema Service or Terms of Service” above, if Streema changes any of the terms of this Section 13 “Dispute Resolution for Consumers” after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Streema’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Streema in accordance with the terms of this Section 13 “Dispute Resolution for Consumers” as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Streema respects copyright law and expects its users to do the same. It is Streema’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Streema’s Copyright Policy at https://streema.com/about/copyright/, for further information.
15. Miscellaneous Provisions.
The English language version of these Terms of Service is the version that governs your use of the Streema Service and in the event of any conflict between the English language version and a translated version, the English language version will control.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Streema.
16. Contact Information.
If you have any questions about these Terms of Service or the Streema Service, please contact Streema at email@example.com.
Effective date: May 25, 2018
1. Information Collected and Received from You and How We Use It
The types of information relating to an identified or identifiable natural person (the “Personally Identifiable Information”) we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with Streema and the requirements of applicable law. Some of the ways Streema may collect Personally Identifiable Information include:
- You may provide Personally Identifiable Information directly to Streema through interacting with the Streema Service and requesting the Streema Service or information.
- As you navigate the Streema Service, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
We endeavor to collect only that information which is relevant for the purposes of processing. Below are the ways we collect Personally Identifiable Information and how we use it.
A. Information Collected by Streema
- Information You Provide Directly to Us. In various places on the Streema Service, we collect Personally Identifiable Information directly from you, such as your name, and e-mail address and other information that can be used to contact you or identify you. For example, we collect this information when you register for your Streema account with your email address or with a social media account sign-in mechanism, such as Google+ or Facebook for example. From time to time in the future we may offer additional features, services, and promotional opportunities that would require you to submit Personally Identifiable Information to participate.
- Automatic Data Collection. We also collect certain information automatically through the Streema Service or other methods of web analysis such as your IP address, mobile carrier, mobile advertising identifiers, MAC address, Advertiser ID, the type of browser and device you use and other device identifiers that are automatically assigned to your computer or device when you access the Internet, geo-location information, hardware type, operating system, Internet service provider, the sections of the Streema Service that you have visited, the date and time of your visit, the amount of time you spend on each page, information about the advertisements and other links that you have clicked on and other actions taken through use of the Streema Service such as preferences .
- Information from Other Sources. In addition to the above, we may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access the Streema Service through a third-party application, such asthe Apple App Store, Google Play App Store and/or Amazon App Store (together with any similar applications, “App Stores”) an App Store or Social Network Service (“SNS”), we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your SNS user name, location, sex, birth date, email, profile picture, and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to Streema and to enhance our ability to provide you with information about our business, products, and services.
B.How Streema Uses Your Information
We acquire, hold, use and process Personally Identifiable Information about individuals for a variety of business purposes, including:
- To Provide our Products, Services, or Information Requested. Streema may use information about you to fulfill requests for the Streema Service or for information, including information about our potential or future products and services, including to:
- Generally manage individual information and accounts;
- Provide you with notices about your account;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of the Streema Service;
- Contact you to answer requests for customer support or technical support.
- Administrative Purposes. Streema may use Personally Identifiable Information about you for its administrative purposes, including to:
- Measure interest in the Streema Service;
- Develop new products and the Streema Service;
- Ensure internal quality control;
- Communicate about individual accounts and activities on the Streema Service and systems, and, in Streema’s discretion, changes to any Streema policy;
- Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
- Process applications and transactions;
- Prevent potentially prohibited or illegal activities;
- Enforce our Terms of Service.
- Marketing the Streema Service. Streema may use Personally Identifiable Information to provide you with materials about offers, products, and the Streema Service that may be of interest, including new content or the Streema Service via the email address you provide. Such uses include:
- To tailor and customize content, advertisements, and offers;
- To notify you about offers, products, and services that may be of interest to you;
- To provide the Streema Service to you;
- For other purposes disclosed at the time that you provide Personally Identifiable Information; or
- Otherwise with your consent.
You may contact us at any time to opt out of the use of your Personally Identifiable Information for marketing purposes, as further described in Section 3 (Opt-Out (Right to Object to Processing)) below.
- Research and Development. Streema may use Personally Identifiable Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and the Streema Service or develop new products and the Streema Service. From time to time, Streema may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve you by learning more about your needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of the Streema Service, various types of communications, advertising campaigns, and/or promotional activities. If an individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous individual and aggregate data for research and analysis purposes.
- Third Party Marketing. Individuals who provide us with Personally Identifiable Information, or whose Personally Identifiable Information we obtain from third parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on Streema’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to you by following the instructions in Section 3 (Opt-Out (Right to Object to Processing)) below.
- Anonymous and Aggregated Information Use. Streema may use Personally Identifiable Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Streema Service, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Streema Service. Anonymized or aggregated information is not Personally Identifiable Information, and Streema may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Streema and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
- Other Uses. Streema may use Personally Identifiable Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personally Identifiable Information or with your consent.
C. Cookies, Pixel Tags/Web Beacons, Analytics Information and Internet-Based Advertising
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Sites may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Sites that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
- Analytics. We may also use Google Analytics to collect information regarding visitor behavior and visitor demographics on some of the Streema Service, and to develop website content. This analytics data is not tied to any Personally Identifiable Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Streema Service by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
- Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. In particular, Google's use of the DoubleClick DART cookie enables it and its partners to serve you ads based on your visit to our Sites and/or other websites on the Internet. Streema does not control these cookies and how they are used. Streema may receive information collected by these third parties and use it to supplement information provided by you.
If you would like to opt out of the Technologies we employ on the Streema Service, you may do so by blocking, deleting, or disabling them as your browser or device permits.
D. Third-Party Websites and Social Media Platforms
The Streema Service may include publicly accessible blogs, community forums, or private messaging features. The Streema Service may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Streema. You should be aware that Personally Identifiable Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personally Identifiable Information provided by you may be viewed and used by third parties for any number of purposes.
E. Third-Party Payment Processing
When you make purchases through the Streema Service, we process your payments through a third-party application, including the App Stores. The third-party application may collect certain financial information from you to process a payment on behalf of Streema, including your name, email address, address and other billing information.
2. Onward Transfer – Streema May Disclose Your Information
A. Information that We Share With Third Parties
- We Use Vendors and Services Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personally Identifiable Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Streema Service and/or its content or related services that you have requested. For example, we may in the future license music from third parties and may want to share music-specific traffic and usage information with them (but not your email address or identity).
- Business Partners. Streema may share Personally Identifiable Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Streema may also provide Personally Identifiable Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Streema. We require our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personally Identifiable Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Streema provided them.
- Displaying to Other Users. The content you post to the Streema Service may be displayed on the Streema Service. Other users of the Streema Service may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
- Marketing – Interest-Based Advertising and Third Party Marketing. Through our Streema Service, Streema may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such information we have collected with third-party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Streema related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Streema Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personally Identifiable Information with third-party advertising partners, you may opt out of such sharing at no cost by following the instructions in Section 3 (Opt-Out (Right to Object to Processing)) below.
- Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personally Identifiable Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Streema policies or contracts; (v) to collect amounts owed to Streema; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Streema Service. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
B. International Data Transfers
You agree that all your Personally Identifiable Information collected via or by Streema may be transferred to, processed, and stored anywhere in the world, including but not limited to, in the United States, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personally Identifiable Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Streema you explicitly consent to the storage of your Personally Identifiable Information in these locations.
3. Opt-Out (Right to Object to Processing)
We offer you choices regarding the collection, use and sharing of your Personally Identifiable Information and we will respect the choices you make. You have the right to object to and opt out of certain uses and disclosure of your Personally Identifiable Information. Where you have consented to Streema’s processing of your Personally Identifiable Information, you may withdraw that consent at any time and opt out of further processing by contacting us at firstname.lastname@example.org.
Please note that if you decide not to provide us with the Personally Identifiable Information that we request, you may not be able to access all of the features of the Streema Service. Even if you opt out, we may still collect and use non-Personally Identifiable Information regarding your activities on our Sites and/or information from the advertisements on third-party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.
B. Email Communications
C. Cookies and Interest-Based Advertising
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here and you may opt out of the use of the DoubleClick DART cookie by visiting the Google advertising opt-out page.
D. Mobile devices
Streema may occasionally send you push notifications through our mobile applications with notices that may be of interest to you. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. Streema may also collect location-based information if you use our mobile applications. You may opt out of this collection by changing the settings on your mobile device.
4.Responding to Do Not Track Signals
Our Sites do not have the capability to respond to “Do Not Track” signals received from various web browsers.
5.Rights of Access, Rectification, Erasure, and Restriction
Although Streema makes good faith efforts to provide individuals with access to their Personally Identifiable Information, there may be circumstances in which Streema is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question or where it is commercially proprietary. If Streema determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Streema will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personally Identifiable Information.
6. Data Retention
7. The Security of Your Information
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personally Identifiable Information) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. We do not accept liability for unintentional disclosure.
By using the Streema Service or providing Personally Identifiable Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Streema Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Streema Service or sending an e-mail to you. You may have a legal right to receive this notice in writing.
8. International Users
9.Our Policy Toward Children
The Streema Service is not directed to children under 13 (and in certain jurisdictions under the age of 16) and we do not knowingly collect Personally Identifiable Information from children under 13 (and in certain jurisdictions under the age of 16). If we learn that we have collected Personally Identifiable Information of a child under 13 (and in certain jurisdictions under the age of 16), we will take steps to delete such information from our files as soon as possible.
11. Miscellaneous Provisions