Streamsoft Inc.

Streamsoft Inc. Terms and Conditions

Please read this carefully. These Terms and Conditions are an agreement between you, either an individual or single entity, and Streamsoft Inc. Your use of the platform indicates your agreement to be bound by the terms and conditions.

You agree to accept the Terms and Conditions (“Terms”, “Terms and Conditions”)  before using the Artist Connection website, platform, and platform (the “Platform”) operated by Streamsoft Inc. (“Streamsoft”, “us”, “we”, or “our”). These Terms are an agreement between Streamsoft Inc. and you (“you” or “your”).

 

Subscriptions and Fees

Some parts of the Platform are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless cancelled by either party. You may cancel your Subscription renewal either through your online account management page or by contacting Streamsoft Inc. customer support team.

A valid payment method is required to process the payment for your Subscription. You shall provide Streamsoft Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting your payment information, you automatically authorize Streamsoft Inc. to charge all Subscription fees incurred through your account to your submitted payment method.

Streamsoft Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Platform after the Subscription fee change comes into effect constitutes your agreement to pay the adjusted Subscription fee amount.

 

Purchases

If you wish to purchase any product or service made available through the Platform (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, a valid form of payment, full name and billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Platform may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Sales

Streamsoft Inc. provides service for sales of content. These sales are governed by the subscription and include a percentage fee for our services.

Refunds

Except when required by law, paid Subscription fees and sales are non-refundable.

Advertising

For certain free accounts and promotions we may introduce appropriate advertising to the stream and/or the Platform.

Communications

By creating an account on our platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Content

Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Platform, including its legality, reliability, and appropriateness.

By posting Content on or through the Platform, You represent and warrant that:

  (i) the Content is yours (you own it) and/or you have the right to use it and the    

right to grant us the rights and license as provided in these Terms, and 

(ii) that the posting of your Content on or through the Platform does not violate 

the privacy rights, publicity rights, copyrights, contract rights or any other 

rights of any person or entity. We reserve the right to terminate the account 

of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit and post on or through the Platform. You are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Platform. 

You may not distribute, modify, transmit, reuse, download, repost, copy, or use Content that is the property of Streamsoft Inc. or used with our permission. Advanced written permission from us is required before any use.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Any information that you provide to Streamsoft Inc. is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Platform you consent to the collection and use of this information as set forth in the Privacy Policy.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Platform infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity, and to terminate, when necessary, the account of users that engage in repeat Infringement.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@streamsoftinc.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Platform on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Platform where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our team via email at legal@streamsoftinc.com

Intellectual Property

The Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Streamsoft Inc. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Streamsoft Inc.

Links To Other Websites

Our Platform may contain links to third party web sites or services that are not owned or controlled by Streamsoft Inc.

Streamsoft Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or websites.

You acknowledge and agree that Streamsoft Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. Please be sure to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Platform.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Streamsoft Inc. and its licensee and licensors, and their owners, employees, contractors, agents, officers, and directors (each an “Indemnified Party”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) incurred by or asserted against any Indemnified Party resulting from or arising out of a) your use and access of the Platform, by you or any person using your account and password; b) any breach of these Terms, or c) Content posted on the Platform.

Limitation Of Liability

STREAMSOFT INC. DOES NOT WARRANT THAT THIS PRODUCT WILL OPERATE  ERROR  FREE OR OPERATE WITHOUT INTERRUPTION. THE PLATFORM IS PROVIDED “AS–IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL STREAMSOFT INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,  OR  ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF STREAMSOFT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,  STREAMSOFT INC’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID  BY YOU  TO STREAMSOFT INC. OR US $100.00.

Resolution of Disputes.

If a dispute arises between you and Streamsoft Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Streamsoft Inc. agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services (a “Claim”) in accordance with the subsections below or as we and you otherwise agree in writing.

In the event that either party to these Terms has a dispute relating to or arising from these Terms or the use of the Platform, it must immediately notify the other party in writing giving details of the dispute. If the parties cannot resolve the dispute within fourteen (14) days of receipt of the notice provided for above, the dispute will then be submitted to mediation by a mediator agreed to by both parties, or failing agreement, at the request of either party. If the matter is not resolved by mediation within fourteen (14) days from there, the matter will be submitted for arbitration in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.), by a single arbitrator to be appointed by the parties or, failing agreement, or at the request of either party. The arbitrator shall not have the power to maintain class action or class-wide procedures, or provide either party with class-wide relief. Any such mediation or arbitration shall take place in San Francisco California. Unless the parties agree otherwise, English shall be the sole language of all such proceedings. This arbitration provision shall survive termination of these Terms.

YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE AS DESCRIBED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING (i) THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL, and (ii) ANY ABILITY TO ASSERT OR PARTICIPATE ON A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT. 

You have the right to opt out of this agreement to arbitrate by sending written notice to Streamsoft Inc., P.O.Box 238 Fairfax, CA, within 30 days of first accepting these Terms. Otherwise, this agreement to arbitrate will apply without limitation.

The arbitration shall be kept confidential by both parties, and either party may seek injunctive relief before the United States District Court for the District of San Francisco or the state courts of California for the limited purposes of: (i) securing compliance with this arbitration provision pursuant to the Federal Arbitration Act; and (ii) enforcing the confidentiality of the arbitral proceedings.

BY AGREEING TO THIS ARBITRATION PROVISION, EACH PARTY UNDERSTANDS THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. 

If these terms relating to class or representative procedures are legally unenforceable for any reason with respect to a claim, then this agreement to arbitrate will be inapplicable to that claim, and the claim will instead be handled through litigation in court, rather than by arbitration, on the terms below.

The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, with the exception of punitive damages to which neither party will be entitled.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance.

Subject to the foregoing, all disputes arising out of or related to these Terms or your use of the Platform shall be governed by, construed and enforced in accordance with the laws of Oregon, without giving effect to any principles of conflicts or choice of law. If the mandatory arbitration provisions above do not apply to any dispute relating to or arising from these Terms or the use of the Platform for any reason, such dispute shall be submitted to and resolved solely in the state or federal courts located in Portland, Oregon without jury trial. Both parties hereby consent to the personal jurisdiction of these courts and waive any objection (including of inconvenient forum) to these courts hearing such disputes. No other court, whether state or federal, may hear any such complaint or dispute. BY ACCESSING AND/OR USING THE SERVICE, YOU IRREVOCABLY SUBMIT TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND AGREEMENT TO WAIVE JURY TRIAL. This arbitration agreement shall be construed broadly to encompass any and all possible claims between you and Streamsoft Inc. that are even tangentially related to the contractual relationship created by these Terms.

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Disclaimer

Your use of the Platform is at your sole risk. 

The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Streamsoft Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Assignment

You shall not transfer or assign these Terms or any right or obligation in these Terms, by operation of law or otherwise, without the prior written consent of Streamsoft Inc..

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.  In EU terms are governed in accordance with laws for each country.

Failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have had between us regarding the Platform.

Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, and will notify you of any modification or new Terms.  By using our Platform after any modification or replacement, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Platform. The modifications or replacements will not be retroactive, and the most current version of the Terms that you have agreed to will govern.

Contact Information

Please contact us at legal@streamsoftinc.com for information on these Terms and Conditions.

Artist Connection, Streamsoft Inc, streamsoftinc.com, and the Streamsoft logo and type are trademarks of Streamsoft Inc. in the United States and other countries. All other trademarks, trade names, service marks, and logos referenced herein belong to their respective companies.