Terms of Service
Last updated: October 10, 2024
Welcome to Stream Marketer (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our platform, services, and tools (collectively, the “Service”). By using our Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. Acceptance of Terms
By accessing or using the Service, you affirm that you are at least 18 years old (or the legal age in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Changes to Terms
We may modify these Terms from time to time. When changes are made, we will update the “Last updated” date at the top of this page. Your continued use of the Service after any modifications to the Terms constitutes your acceptance of the changes. Please review these Terms periodically to stay informed of any updates.
3. Use of the Service
a. Account Registration
To use certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update this information as necessary. You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You must notify us immediately of any unauthorized access or use of your account.
b. License to Use
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for its intended purposes. You may not use the Service for any illegal or unauthorized purpose.
c. Restrictions
You agree not to:
- Copy, modify, distribute, or create derivative works of the Service.
- Use the Service to transmit harmful, offensive, or unlawful content.
- Interfere with the operation of the Service or attempt to access areas of the Service that are not intended for you.
- Use bots, scrapers, or automated means to access the Service without permission.
4. Content
a. User Content
You retain ownership of any content (e.g., video, images, text) you upload to the Service (“User Content”). By uploading User Content, you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and distribute your content in connection with providing the Service.
You represent and warrant that you own or have the necessary rights to upload and share your User Content and that it does not infringe on any third-party rights or violate any applicable laws.
b. Platform Content
All content and materials available on the Service, including but not limited to text, graphics, logos, and software, are the property of Stream Marketer or our licensors (“Platform Content”). You may not copy, distribute, modify, or create derivative works of Platform Content without our express written consent.
5. Payments and Fees
a. Pricing and Subscriptions
Some features of the Service may require payment or subscription. All fees and pricing details will be provided at the time of purchase. By subscribing or making a purchase, you agree to pay the applicable fees and taxes.
b. Billing and Payment
You authorize us (or our third-party payment processor) to charge your payment method for any applicable fees. If a payment fails, we may suspend or terminate your access to the Service until payment is made.
c. Refunds
Refund policies vary based on the type of service or subscription. Refund requests will be considered on a case-by-case basis and must comply with our refund policy, which will be provided at the time of purchase.
6. Third-Party Services
Our platform may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume responsibility for any third-party services, and your use of such services is at your own risk. You should review the terms and conditions of any third-party service you use.
7. Termination
We reserve the right to suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms or engaged in activities that harm the platform or other users.
Upon termination, your right to use the Service will immediately cease. Any provisions of these Terms that by their nature should survive termination will survive, including intellectual property, warranty disclaimers, and limitations of liability.
8. Disclaimers
The Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure, and we disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, Stream Marketer and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you have paid us in the past six months, or $100, whichever is greater.
10. Indemnification
You agree to indemnify, defend, and hold harmless Stream Marketer and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way related to your use of the Service, your User Content, or your violation of these Terms.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Canada, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the [Arbitration Association], and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
12. Miscellaneous
a. Entire Agreement
These Terms, along with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and us regarding your use of the Service.
b. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
c. Waiver
No waiver of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
13. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Email: [email protected]
By using Stream Marketer, you agree to these Terms of Service.