StreamOrders.com, referred to as “Stream”, an affiliate UMeTime, Corp, provide Streamorders.com and its products or services to you subject to the following conditions. If you visit or shop through our Sites, or mobile apps, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
The “Terms” consist of these Conditions of Use, the Stream Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website and or mobile apps, or tablet apps (collectively referred to as the Sites) offered by Stream at streamorders.com (including any mobile, web, merchant-specific, city-specific or other area-specific versions or sections) (each a “Site”), and all products or services accessed through the Sites (collectively “Services”).
These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and Stream and its successors, subsidiaries, affiliates and family of brands (“Stream,” “STREAM” “we,” “us” and/or “our”).
By using the Sites and/or Services, you agree to these Terms.
IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product or a benefit offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
The communications between you and Stream are electronic. You consent to receive communications from Stream in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. We encourage you to read the Privacy Policy to help make informed decisions when using our Sites and Services. The Privacy Policy is incorporated herein by reference.
4. Certain Conditions Placed on Your Use of the Sites and Services
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
• will comply with these Terms;
• are able to form a binding contract with us;
• are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
• are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
• will not impersonate another user of the Sites and/or Services.
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
• will comply with these Terms;
• are able to form a binding contract with us;
• are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
• are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
• will not impersonate another user of the Sites and/or Services.
You will need to register by creating an account with Stream in order to obtain access to any of Stream’s Services.
If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”).
Access to the Stream Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Stream may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
Stream relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID.
If you believe your User ID is compromised in any way, please notify us immediately. If you become aware that your User ID is being used without authorization please notify us immediately.
The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by Stream., its subsidiaries or affiliates.
The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Stream owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services.
Trademarks and service marks, including, without limitation, “Stream,” which appear on the Sites and/or in the Services are the service and trademarks of Stream or affiliated entities. Without Stream ’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent.
Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Stream or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Stream, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
• any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
• any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Stream or the Merchants featured hereunder or any commercial purpose, including marketing;
• any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
• deep-linking to any portion of the Site;
• framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
• using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
• attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
• using the Site and/or Services to generate unsolicited email advertisements or spam; or
• using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Streamorders.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter.
You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services.
We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that STREAM is in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
YOUR CORRESPONDENCE AND BUSINESS OFFER INGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH OFFERINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. STREAM ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.
The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”).
You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.
You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content.
Stream reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of Stream.
If you do post User Content or submit material, and unless we indicate otherwise, you grant Stream a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media.
You grant Stream and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Stream for all claims resulting from User Content you supply.
Stream takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Stream does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Stream (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Stream through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to Stream the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
If you want to terminate your legal Agreement with Stream, you may do so by: (A) notifying Stream at support@streamorders.com or (B) closing your Accounts for all of the Services that you use.
Stream may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Stream is required by law to do so; (iii) the partner with whom Stream has offered the Services to you has terminated its relationship with Stream or ceased to offer the Services to you; (iv) Stream no longer provides Services in the country in which you reside; or (v) Stream determines that the provision of Services to you is no longer commercially viable.
Notwithstanding anything contrary in these Terms, Stream reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, Stream may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which Stream, in its absolute and sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement.
In the event of termination, you agree to immediately cease access to our Sites and Services.
WE PROVIDE THE SITES AND ALL SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT STREAM ’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STREAM AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM STREAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A STREAM REPRESENTATIVE SHALL CREATE A WARRANTY.
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STREAM, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE STREAM FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites or your use of the Services made available through the Sites, these Terms, this Agreement, the Privacy Policy or the validity or enforceability of this arbitration agreement will be resolved by binding arbitration, rather than in court, except for matters that can be taken to small claims court in your local jurisdiction.
This agreement and any arbitration shall be governed by the Federal Arbitration Act.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
The AAA’s rules are available at http://Stream.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $1,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs.
You and Stream may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you.
A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Stream shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or Stream customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights.
We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Delaware.
Contact information for Stream ’s Registered Agent for Disputes/Arbitration is as follows:
Harvard Business Services,
Wilmington, DE 19808-1645
You agree to defend, indemnify and hold harmless Stream and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to Stream; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.
Stream reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants.
You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and Stream that arises out of this Agreement shall be governed by the laws of Delaware, without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
We respect the intellectual property of others, and we ask you to do the same.
If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A 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 statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Contact information for Stream ’s Copyright Agent for notice of claims of copyright infringement is as follows:
support@streamorders.com
These Terms, together with the Privacy Policy, and any other legal notices published by Stream on the Sites or Services, shall constitute the entire agreement between you and Stream concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement, and any such modifications will become effective once they are posted to the Site.
It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms.
Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Stream’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Stream. No purported waiver or modification of this Agreement by Stream via telephonic or email communications shall be valid.
A. Independent Contractors: You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid.
B. Severability: Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
C. Claims within One Year: YOU AND STREAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO STREAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
D. Our Reliance on Your Representations: You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
E. Agreement as to Language of Agreements and Communication between the Parties: The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
Below are additional terms applicable to your use of and access to the Sites and certain Services offered by Stream or its third party partners or affiliates through Stream :
The Stream privacy policy (the “Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use and disclosure of Personal Information and other information you submit to us through Stream. By accessing or otherwise using the Stream websites, e-mails or other services (collectively “Stream ”), you agree to the terms and
