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Effective Date: August 2022
Agreement to Terms. These terms of use (“Terms”) constitute a legally binding contract between Streem, LLC (on behalf of itself and certain of its affiliates) (“Streem,” “we,” “us”) and you, with respect to your use of Streem’s mobile applications, web applications, and online services (“Services”), including in certain circumstances where the Services are incorporated into a third party’s application, platform or system. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our privacy policy (“Privacy Policy”) (located below) including any updates posted here or otherwise communicated to you. If you do not agree to these Terms and the Privacy Policy, please do not use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
IMPORTANT NOTICES:
(A) These Terms are applicable to individuals (“Customers”) seeking to engage a professional through the Services. Generally, if you are a professional (“Provider”) delivering Services to a consumer, you should use the Streem application for professionals and abide by the Terms of Service for Providers (located below). In addition, if you are: (i) a Provider using the Customer application to service your customer(s) or to communicate with other Providers, or (ii) if you are an employee of a company that has an enterprise agreement with Streem to deploy the Services within the company, the Provider Terms apply to your use of such Customer application.
(B) You or the entity on whose behalf you access the Services may have a separate commercial agreement with Streem. To the extent such separate commercial agreement conflicts with these Terms, then the separate agreement will govern.
(C) SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC): (i) THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND STREEM; AND (ii) ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
(a) Services We Provide. Our Services connect Customers to Providers in a variety of fields. We help Customers find, coordinate with, and collaborate with Providers for advice, support, or procuring their services. The Services may also enable Providers to connect to each other for advice, support, documentation or collaboration on a project.
Providers may also provide a guided do-it-yourself service that allows Customers to speak to, or to have a video conference with, a Provider, who can provide on-demand assistance for your selected issue (e.g., home improvement, repairs, IT services, etc.) (“Remote Advice”). If you are a Customer and you choose to connect with a Provider via our Remote Advice, that Provider has the option (a) to enable (i) the Provider-facing cameras and (ii) your Customer-facing and/or Customer’s world-facing cameras (in the case of (ii), subject to your approval), so you may see the Provider’s employee or agent and the Provider’s employee or agent may see you via video and (b) to initiate recording the video of that conversation. By using our Remote Advice, you consent to the recording of any conversations you have via Remote Advice; if you are a Customer and do not wish to be recorded, please discuss this with the Provider prior to participating in a call.
(b) Disclaimer. While the Services allow Customers to access Remote Advice and the services of Providers, Streem does not in any way create, sell, resell, provide, control, manage, offer, oversee, direct, deliver, supply or endorse any Remote Advice or other services provided to Customers by a Provider, nor any third party linking to or connecting you with Providers. Providers provide Remote Advice directly and assume responsibility for all aspects of the Remote Advice except as expressly stated herein. Streem makes no representations and provides no warranties regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Remote Advice or information provided through the Remote Advice. Streem may screen Providers, but it is under no obligation to do so, and you should exercise caution and common sense to protect personal safety and property when interacting with Providers. You are responsible for your compliance with applicable laws.
(c) Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (“Third Party Materials”). These Third Party Materials are not owned or controlled by Streem. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Streem.
(a) Consent. You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, these Terms.
(b) WHERE PERMITTED BY LAW, BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY STREEM, PROVIDERS, AND COMPANIES THAT RECEIVE YOUR SERVICE REQUEST. YOU CONSENT TO BE CONTACTED BY VIDEO CALL, VIDEO STREAMING, TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, OR OTHER REASONABLE MEANS AT ANY OF THE RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL “DO NOT CALL” OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE COMMUNICATIONS MAY INCLUDE PRERECORDED, ARTIFICIALLY VOICED, OR AUTODIALED MESSAGES, AND THAT THEY MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND OTHER REASONS. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES OF PROVIDING SERVICES, PROVIDER PRODUCTS OR SERVICES YOU HAVE REQUESTED, MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES.
(a) Grant of Limited License to Customers. Subject to your compliance with these Terms, we hereby grant you, as a Customer, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
(b) Ownership of Content. Subject to applicable law and the terms of our Privacy Policy, all text, images, artwork, technology and other content, data, meta-data, information, materials and other items recorded, streamed, provided or made available by you to Streem through your access and use of the Services, and all information and materials derived from or based on the foregoing, shall be and remain the sole and exclusive property of Streem.
(a) Streem Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information (“Materials”) are the property of Streem, its suppliers, and licensors and are protected by United States, Canadian and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
(b) Third-Party Intellectual Property. All non-Streem trademarks, product names and logos appearing on our Services are property of their respective owners.
(c) Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Streem at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Streem, LLC
Attn: Streem Legal Department
150 Peabody Place
Memphis, TN 38103
(a) No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
(b) No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Streem does not intentionally make available through (or in connection with) the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Customers or Providers for any purpose.
(c) No Improper Uses. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services or any other systems connected to the Services). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Streem, its service providers, suppliers, other Customers or any other person.
(d) Security of Account. You will not disclose your password to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
(e) You Are Responsible for Video Streams. The Services may permit you to submit videos, photos and other data. You are solely responsible for your submission, participation in a video stream, and the consequences of submitting it. For example, if you provide a video or photos to a Provider in the process of obtaining advice from that Provider, you (and not Streem) are solely responsible for those photos or video streaming interaction. You acknowledge and agree that Streem has no obligation or ability to pre-screen your (or any other person’s) submissions.
(f) False Information. Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to others (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Streem and its service providers and partners. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO STREEM AND EACH PROVIDER OR OTHER PARTY WHO ACCEPTS THAT SERVICE REQUEST FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION OR ADVICE DURING THE VIDEO STREAM.
(g) Do Not Post, Record, or Live Video Stream Illegal, Infringing, or Harmful Content. You agree that, except as set forth in Section 3(b) of these Terms, you are the exclusive owner of all rights to your submissions and recorded streams and such rights have not been assigned or encumbered. You represent and warrant that you will not post, submit or link to any user submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state, provincial/territorial or local law, rule or regulation. You further represent and warrant not to post, submit or link to any submissions or recorded or live video material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Streem.
(h) Do Not Live Video Stream, Record, or Post Improper Content. You agree not to live video stream, record video, post, submit or link to any user submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates illegal gambling, gaming, or lotteries.
(i) Reviews of Providers. Customers may be able to rate a Provider’s performance of services or quality of advice within the Streem product. Streem is not obligated to monitor, change or control such ratings. Customers agree to avoid inappropriate, obscene or discriminatory language in rating Providers.
(j) Review of Your Video & Photo Submissions. We do not approve, control or endorse your (or any other person’s) submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to review, refuse, remove or modify submissions for any reason, at our sole discretion.
(k) Customer Suggestions. If you elect to provide or make available to Streem any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Streem will be free to use, disclose, reproduce, make, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT STREEM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICES.
IN ADDITION, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE STREEM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “STREEM PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.
YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
NEITHER STREEM NOR ITS AGENTS, AFFILIATES OR EMPLOYEES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY PROVIDER, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE SERVICES. BECAUSE STREEM IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES BETWEEN YOU AND A PROVIDER, EXCEPT AS SET FORTH IN SECTION 12(A), SUCH DISPUTE IS SOLELY BETWEEN SUCH PARTIES, AND NOT STREEM. YOU HEREBY RELEASE STREEM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY STREEM AGAINST, ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Streem makes no representation or warranty about the accuracy or suitability of the content or comments during a video stream or other information displayed on the Services or provided through the Services. We use good faith efforts to promptly update any incorrect information displayed on the Services when we are notified or otherwise become aware of such inaccuracy.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STREEM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH STREEM, PROVIDERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
IN NO EVENT WILL THE STREEM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT STREEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE STREEM PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO STREEM FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STREEM, TEN DOLLARS ($10.00). NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE STREEM PARTIES FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER TYPE OF LOSS OR DAMAGE THE EXCLUSION OR LIMITATION OF WHICH IS PROHIBITED BY APPLICABLE LAW.
Subject to applicable law (which may include the Province of Quebec), any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be void.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE STREEM PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) DUE TO OR ARISING OUT OF (A) YOUR ACCESS TO OR USE OF THE SERVICES, (B) YOUR USE OF, OR TRANSACTIONS WITH, STREEM, PROVIDERS OR OTHER THIRD PARTIES, OR (C) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. STREEM RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH STREEM IN ASSERTING ANY AVAILABLE DEFENSES.
(a) Resolving Disputes. We do not expect that Customers will have disputes with Providers. However, if a dispute with any Provider should arise, Streem reserves the right in its sole discretion to attempt to resolve any such dispute. Subject to applicable law (which may include the Province of Quebec), Customers agree that prior to taking any legal action against a Provider, such Customer will provide Streem thirty (30) days’ written notice and, at Streem’s election, Streem may attempt in good faith to resolve such dispute. You agree that Streem shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.
(b) Binding Arbitration. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND THE STREEM PARTIES RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Shelby County, Tennessee. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) Class Action Waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
(d) Injunctive Relief. Notwithstanding anything herein to the contrary, you and Streem may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
(a) Dormant Accounts. If an account remains inactive for one (1) year or more, Streem reserves the right to terminate the account.
(b) Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Streem’s prior written consent, but may be assigned by Streem without restriction and without notice to you.
(c) Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
(d) Entire Agreement and Severability. These Terms (including the Privacy Policy) constitute the entire agreement between you and Streem concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Streem with respect to the Services. We and you each agree that, in entering into these Terms, neither we nor you have relied upon any representation, undertaking or promise except as expressly set forth in these Terms. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
(e) Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Streem’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
(f) Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
(g) Changes to Terms. We may modify these Terms at any time by posting a revised version; any changes to these Terms will be effective immediately on posting. Please review these Terms regularly as your continued use of the Services constitutes acceptance of any changes. You waive any right you have to receive specific notice of changes to these Terms. Unless we provide you with specific notice, no changes to our Terms will apply retroactively.
(h) Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to suspend or terminate your access to and use of the Services, in whole or in part, and to block or prevent your future access to and use of the Services, at any time and for any reason (including but not limited to those specifically described in these Terms).
(i) Third Party Beneficiaries. Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Streem Parties and suppliers or others who are party to written agreements with Streem Parties explicitly giving them third party beneficiary rights.
(j) Governing Law; Waiver of Jury Trial; Venue. Subject to applicable law (which may include the Province of Quebec), you agree that these Terms, the Privacy Policy and any Dispute (including if for any reason a Dispute proceeds in court rather than arbitration) will be governed solely by Tennessee state law, without regard to conflict of law provisions. Subject to applicable law (which may include the Province of Quebec), in the event a Dispute proceeds in court rather than in arbitration, we each waive any right to a trial by jury in connection therewith and submit and further irrevocably agree to submit to the personal jurisdiction of the state and federal courts located within Shelby County, Tennessee (and any judgments on arbitral awards will be entered by such courts). Your rights under any services agreement you have with a Provider will be governed by the terms of that agreement and by applicable federal, state, provincial/territorial and local laws.
(k) Legal Fees. If any of the Streem Parties take legal action against you as a result of your violation of these Terms and the Streem Parties are the prevailing party, the Streem Parties will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to the Streem Parties.
(l) Contact Us. If you have questions about these Terms, please contact us by email at support@Streem.com or in writing at Streem Legal Department 150 Peabody Place Memphis, TN 38103.
(m) Language. The parties hereto confirm that it is their wish that this Agreement as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous let documents, y compris tous avis, s’y rattachant, soient rédigés en langue anglaise seulement.
ADDITIONAL TERMS FOR iOS APPS
The following additional terms apply if you access or use the Services through an Apple iOS product:
(a) Acknowledgement. Streem and you acknowledge that these Terms are entered into between Streem and you only, and not with Apple, and Streem, not Apple, is solely responsible for the Services and the content thereof.
(b) Scope of License. The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(c) Maintenance and Support. As between Apple and Streem, Streem is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Streem and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
(d) Warranty. As between Apple and Streem, Streem is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Streem’s sole responsibility.
(e) Product Claims. Streem and you acknowledge that Streem, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. Streem and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Streem, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. 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.
(h) Developer Name and Address. Streem may be contacted at support@Streem.com in connection with any questions, complaints or claims with respect to the Services.
(i) Third-Party Beneficiary. Streem and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Effective Date: August 2022
Agreement to Terms. These terms of use (“Terms”) constitute a legally binding contract between Streem, LLC (on behalf of itself and certain of its affiliates) (“Streem,” “we,” “us”) and you, with respect to your use of Streem’s mobile applications, web applications, and online services (“Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our privacy policy (“Privacy Policy”) (located below) including any updates posted here or otherwise communicated to you. If you do not agree to these Terms and the Privacy Policy, please do not use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
IMPORTANT NOTICES:
(A) These Terms are applicable to professionals (“Providers”) using Streem’s Services to provide professional services to individuals (“Customers”) seeking to engage a professional. In addition, if you are: (i) a Provider using the Customer application to service your customer(s) or to communicate with other Providers, or (ii) if you are an employee of a company that has an enterprise agreement with Streem to deploy the Services within the company these Terms apply to your use of such Customer application.
(B) You or the entity on whose behalf you access the Services may have a separate commercial agreement with Streem. To the extent such separate commercial agreement conflicts with these Terms, then the separate agreement will govern.
(C) SUBJECT TO APPLICABLE LAW, (i) THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND STREEM; AND (ii) ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
(a) Services We Provide. Our Services connect Customers to Providers in a variety of fields. We help Customers find, coordinate with, and collaborate with Providers for advice, support, or procuring their services. The Services may also enable Providers to connect to each other for advice, support, documentation or collaboration on a project.
Providers may also provide a guided do-it-yourself service that allows Customers to speak to, or to have a video conference with, a Provider, who can provide on-demand assistance for your selected issue (e.g., home improvement, repairs, IT services, etc.) (“Remote Advice”). If you are a Provider and your employer has (a) enabled the Provider-facing camera so that a Customer may see you via video and/or (b) has allowed you to initiate recording the video of that conversation, you consent to the recording of any conversations you have via the Services, including via Remote Advice.
(b) Disclaimer. While the Services allow Providers to provide Remote Advice, Streem does not in any way create, sell, resell, provide, control, manage, offer, oversee, direct, deliver, supply or endorse any Remote Advice or other services provided to Customers by a Provider. Providers provide Remote Advice directly and assume responsibility for all aspects of the Remote Advice except as expressly stated herein. Streem makes no representations and provides no warranties regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Remote Advice or information provided through the Remote Advice. Streem may screen Providers, but it is under no obligation to do so. You are responsible for your compliance with applicable laws.
(c) Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (“Third Party Materials”). These Third Party Materials are not owned or controlled by Streem. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Streem.
(a) Consent. You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, these Terms.
(b) WHERE PERMITTED BY LAW, BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY STREEM AND CUSTOMERS. YOU CONSENT TO BE CONTACTED BY VIDEO CALL, VIDEO STREAMING, TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, OR OTHER REASONABLE MEANS AT ANY OF THE BUSINESS, RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL “DO NOT CALL” OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE COMMUNICATIONS MAY INCLUDE PRERECORDED, ARTIFICIALLY VOICED, OR AUTODIALED MESSAGES, AND THAT THEY MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND OTHER REASONS. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES OF PROVIDING OR RECEIVING SERVICES, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES.
(a) Provider Profile. As a Provider, you must open an account and complete a profile in connection with the Services. You agree to provide us with additional information as we reasonably request, to provide accurate, complete and up-to-date information in connection with the Services and to keep that information updated, complete and correct. By creating your account, you consent to be contacted via telephone, email, text (SMS) message, video streaming, or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operations contemplated by these Terms.
(b) Licenses and Obligations. You agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required to meet applicable industry standards. You also agree that you have (and will continue to maintain) valid licenses, authorizations, insurance and bonding to the extent required by applicable authorities for any work you solicit, accept or perform in connection with these Terms.
(c) Informational Requests. You agree to comply with Streem’s informational requests from time to time in connection with the Services, including providing information to verify your identity and to confirm status if we have connected you with a Customer.
(d) Independent Contractor. You acknowledge that you are not an employee of Streem and that no agency, partnership, joint venture or employee-employer relationship with Streem is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Streem, and that Streem has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of you and all your personnel.
(e) No Guarantee. As a Provider, you agree and acknowledge that Streem cannot and does not guarantee the results of any Services, including the exposure you will receive as part of the Services, the number or quality of potential customers with whom you will have contact, or whether a Customer will actually contract with you or pay you to do the work if you answer their video streams.
(a) Grant of Limited License to Providers. Subject to your compliance with these Terms, we hereby grant you, as a Provider, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing estimates, information, products and services in connection with your use of the Services.
(b) Ownership of Content. Subject to applicable law and the terms of our Privacy Policy, all text, images, artwork, technology and other content, data, meta-data, information, materials and other items recorded, streamed, provided or made available by you to Streem through your access and use of the Services, and all information and materials derived from or based on the foregoing, shall be and remain the sole and exclusive property of Streem. ,
(a) Streem Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information (“Materials”) are the property of Streem, its suppliers, and licensors and are protected by United States, Canadian and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
(b) Third-Party Intellectual Property. All non-Streem trademarks, product names and logos appearing on our Services are property of their respective owners.
(c) Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Streem at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Streem, LLC
Attn: Streem Legal Department
150 Peabody Place
Memphis, TN 38103
(a) No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
(b) No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Streem does not intentionally make available through (or in connection with) the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Customers or other Providers for any purpose.
(c) No Improper Uses. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services or any other systems connected to the Services). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Streem, its service providers, suppliers, other Customers or any other person.
(d) Security of Account. You will not disclose your password to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
(e) You Are Responsible for Video Streams. The Services may permit you to submit videos, photos and other data. You are solely responsible for your submission, participation in a video stream, and the consequences of submitting it. For example, if you provide Remote Advice or other information to a Customer, you (and not Streem) are solely responsible for that Remote Advice, information and interaction. You acknowledge and agree that Streem has no obligation or ability to pre-screen your (or any other person’s) submissions.
(f) False Information. Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to others (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Streem and its service providers and partners. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION INTO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO STREEM AND EACH CUSTOMER OR OTHER PARTY WHO INTERACTS WITH YOU VIA THE SERVICES FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION OR ADVICE DURING THE VIDEO STREAM.
(g) Do Not Post, Record, or Live Video Stream Illegal, Infringing, or Harmful Content. You agree that you are the exclusive owner of all rights to your advice, submissions and recorded streams and such rights have not been assigned or encumbered. You represent and warrant that you will not to post, submit or link to any user submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state, provincial/territorial or local law, rule or regulation. You further represent and warrant not to post, submit or link to any submissions or recorded or live video material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Streem.
(h) Do Not Live Video Stream, Record, or Post Improper Content. You agree not to live video stream, record video, post, submit or link to any user submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates illegal gambling, gaming, or lotteries.
(i) Reviews of Providers. Customers may be able to rate a Provider’s performance of services or quality of advice within the Streem product. Streem is not obligated to monitor, change or control such ratings.
(j) Review of Your Video & Photo Submissions. We do not approve, control or endorse your (or any other person’s) submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to review, refuse, remove or modify submissions for any reason, at our sole discretion.
(k) Provider Suggestions. If you elect to provide or make available to Streem any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Streem will be free to use, disclose, reproduce, make, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
(a) Confidentiality. If you receive confidential information from Streem, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Streem’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.
(b) Information Regarding Customers. Streem may provide you with personal information relating to individuals that are seeking products or services. You may not collect, use, retain, rent, sell or otherwise disclose this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not make any recorded video stream public without the consent of the Customer and Streem. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by Streem.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT STREEM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICES.
IN ADDITION, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE STREEM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “STREEM PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.
YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
NEITHER STREEM NOR ITS AGENTS, AFFILIATES OR EMPLOYEES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY PROVIDER, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE SERVICES. BECAUSE STREEM IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES BETWEEN YOU AND A CUSTOMER, EXCEPT AS SET FORTH IN SECTION 13(A), SUCH DISPUTE IS SOLELY BETWEEN SUCH PARTIES, AND NOT STREEM. YOU HEREBY RELEASE STREEM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY STREEM AGAINST, ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Streem makes no representation or warranty about the accuracy or suitability of the content or comments during a video stream or other information displayed on the Services or provided through the Services. We use good faith efforts to promptly update any incorrect information displayed on the Services when we are notified or otherwise become aware of such inaccuracy.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STREEM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH STREEM, CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
IN NO EVENT WILL THE STREEM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT STREEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE STREEM PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO STREEM FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STREEM, TEN DOLLARS ($10.00). NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NOTHING SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE STREEM PARTIES FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER TYPE OF LOSS OR DAMAGE THE EXCLUSION OR LIMITATION OF WHICH IS PROHIBITED BY APPLICABLE LAW.
Subject to applicable law, any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be void.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE STREEM PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) DUE TO OR ARISING OUT OF (A) YOUR ACCESS TO OR USE OF THE SERVICES, (B) YOUR USE OF, OR TRANSACTIONS WITH, STREEM, CUSTOMERS OR OTHER THIRD PARTIES, OR (C) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. STREEM RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH STREEM IN ASSERTING ANY AVAILABLE DEFENSES.
(a) Resolving Disputes. We do not expect that Providers will have disputes with Customers. However, if a dispute with any Customer should arise, Streem reserves the right in its sole discretion to attempt to resolve any such dispute. Subject to applicable law, Providers agree that prior to taking any legal action against a Customer, such Provider will provide Streem thirty (30) days’ written notice and, at Streem’s election, Streem may attempt in good faith to resolve such dispute. You agree that Streem shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.
(b) Binding Arbitration. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATIONSHIP BETWEEN YOU AND THE STREEM PARTIES RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Shelby County, Tennessee. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) Class Action Waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
(d) Injunctive Relief. Notwithstanding anything herein to the contrary, you and Streem may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
(a) Dormant Accounts. If an account remains inactive for one (1) year or more, Streem reserves the right to terminate the account.
(b) Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Streem’s prior written consent, but may be assigned by Streem without restriction and without notice to you.
(c) Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
(d) Entire Agreement and Severability. These Terms (including the Privacy Policy and any applicable commercial agreement between you and Streem) constitute the entire agreement between you and Streem concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Streem with respect to the Services. We and you each agree that, in entering into these Terms, neither we nor you have relied upon any representation, undertaking or promise except as expressly set forth in these Terms. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
(e) Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Streem’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
(f) Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
(g) Changes to Terms. We may modify these Terms at any time by posting a revised version; any changes to these Terms will be effective immediately on posting. Please review these Terms regularly as your continued use of the Services constitutes acceptance of any changes. You waive any right you have to receive specific notice of changes to these Terms. Unless we provide you with specific notice, no changes to our Terms will apply retroactively.
(h) Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to suspend or terminate your access to and use of the Services, in whole or in part, and to block or prevent your future access to and use of the Services, at any time and for any reason (including but not limited to those specifically described in these Terms).
(i) Third Party Beneficiaries. Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Streem Parties and suppliers or others who are party to written agreements with Streem Parties explicitly giving them third party beneficiary rights.
(j) Governing Law. (j) Governing Law; Waiver of Jury Trial; Venue. Subject to applicable law (which may include the Province of Quebec), you agree that these Terms, the Privacy Policy and any Dispute (including if for any reason a Dispute proceeds in court rather than arbitration) will be governed solely by Tennessee state law, without regard to conflict of law provisions. Subject to applicable law (which may include the Province of Quebec), in the event a Dispute proceeds in court rather than in arbitration, we each waive any right to a trial by jury in connection therewith and submit and further irrevocably agree to submit to the personal jurisdiction of the state and federal courts located within Shelby County, Tennessee (and any judgments on arbitral awards will be entered by such courts).
(k) Legal Fees. If any of the Streem Parties take legal action against you as a result of your violation of these Terms and the Streem Parties are the prevailing party, the Streem Parties will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to the Streem Parties.
(l) Contact Us. If you have questions about these Terms, please contact us by email at support@Streem.com or in writing at Streem Legal Department, 150 Peabody Place, Memphis, TN 38103.
(m) Language. The parties hereto confirm that it is their wish that this Agreement as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous let documents, y compris tous avis, s’y rattachant, soient rédigés en langue anglaise seulement.
ADDITIONAL TERMS FOR iOS APPS
The following additional terms apply if you access or use the Services through an Apple iOS product:
(a) Acknowledgement. Streem and you acknowledge that these Terms are entered into between Streem and you only, and not with Apple, and Streem, not Apple, is solely responsible for the Services and the content thereof.
(b) Scope of License. The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(c) Maintenance and Support. As between Apple and Streem, Streem is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Streem and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
(d) Warranty. As between Apple and Streem, Streem is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Streem’s sole responsibility.
(e) Product Claims. Streem and you acknowledge that Streem, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. Streem and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Streem, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. 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.
(h) Developer Name and Address. Streem may be contacted at support@Streem.com in connection with any questions, complaints or claims with respect to the Services.
(i) Third-Party Beneficiary. Streem and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.