IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION 9 BELOW. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND STREAMJET TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION. PLEASE READ CAREFULLY.
These Streamjet user service policies (the "User Terms") govern your access to or use of the online studio services generally described at www.streamjet.io and its associated services (online and offline), products, software, mobile applications, information, networks, distribution channels, components, APIs, and documentation (”Services”) offered or made available by Enetres Media Solutions S.L. or its parents, subsidiaries, and corporate affiliates (“Streamjet” “we” “us” or “our”).
These User Terms and the Community Guidelines incorporated herein by reference form a legally binding contract between you and us.
You are subject to these User Terms (a “User”) if you are:
If the Host enters into customer terms with Streamjet, such as the Streamjet Standard Platform Terms or the other Streamjet customer agreement (including agreements provided to the Host via a referral partner), it is a direct customer of Streamjet.
If the Host is not a direct customer of Streamjet, it typically means that the Host acquired the right to use the Services via a third party reseller or agency, in which case the Host’s use of the Services are governed by its agreement with that reseller or agency.
In each case above, the Host is subject to those separate customer and/or reseller or agency terms, and the Host’s Team Members are subject to these User Terms; provided however that if you are the individual who is both the Host and the named Streamjet account holder, these User Terms also apply to your use of the account and Services in your capacity as a Team Member.
Streams are organized and administered by the Host, not Streamjet. We are a third party providing the Services and its incorporated technology platforms (the “Platform”) to facilitate an Stream taking place. For the purpose of this Agreement, the Services includes the Platform.
We are not responsible and cannot be held liable for any matters described in the Host Responsibility section (below).
The Host has full control over the running of any Stream. This includes the guest list, when Streams are created and how they are configured, and what functionality and third-party integrations are available for use at each Stream. The Host is solely responsible:
Please contact the Host directly for any of the above matters. It is solely the Host’s responsibility to respond to and resolve any dispute between the Host and any Guest/Viewer/Team Member (as the case may be). The Host may also block or revoke a User’s or Guest’s access to its Stream (and on certain platforms, a Viewer’s access to a Stream on a Non-Streamjet platform) at any time and in its sole discretion.
Subject to these User Terms, we grant you (as Team Member) a limited, non-sublicensable license to access and use Streamjet for the internal business purposes of the Host only, which is in the main to create, organize and host Streams on StreamJet.
You agree that you will not (unless you have our express prior permission):
As part of a Stream, you (or Guests or Viewers (as the case may be)) may submit or make available certain content, information, and data, such as messages (“Contributions”). You are responsible for your Contributions, and you assume all risks associated with Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes you or anyone else personally identifiable. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize the use of Contributions as described herein. You may not imply that Contributions are in any way sponsored or endorsed by Streamjet. We are not responsible or liable to you, Viewers, Guests or any third-party for the content or accuracy of any Contributions. We may reject or remove Contributions (such as Contributions that violate these Terms, our Community Guidelines, or applicable law), but we have no obligation to do so. If you believe a Contribution infringes your intellectual property rights, see our Copyright Infringement Policy in our Community Guidelines
We strongly encourage Team Members, Viewers and/or Guests to review the privacy notices and policies of the Host as applicable.
3.3. Children's information
You may not use the Services to target and/or collect data directly from children under the age of 13.
3.4. Limited Lincense to Contributions
Solely in connection with your interaction with the applicable Stream, You grant to Streamjet a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable, license to the Contributions to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Contributions in any form, format, media, and channel.
All intellectual property rights in the Services throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the Services other than the right to use it in accordance with these User Terms.
If you provide feedback, comments or suggestions for improvements related to any Streamjet services or products (in written, oral, or any other form) (“Feedback”), you represent and warrant that you (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. You (i) acknowledge that Streamjet may have something similar to the Feedback already under consideration or in development, and (ii) assign to Streamjet your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of Streamjet, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents.
You may promote, administer, or conduct a promotion, contest, or sweepstakes on, through or using Services (a “Promotion”), only if you:
(a) carry out all Promotions in compliance with all applicable laws and regulations, and
(b) you make expressly clear that the Promotion is yours and that Streamjet does not sponsor, co-sponsor, endorse or support the Promotion.
You will be solely responsible for all aspects of, and expenses related to, your Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. STREAMJET WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERVICES (WHICH MAY INCLUDE, WITHOUT LIMITATION, FOR THE AVOIDANCE OF DOUBT, GUESTS AND/OR VIEWERS); (IV) ANY AND ALL USES OF THE SERVICES; AND/OR (V) YOUR MISCONDUCT OR NEGLIGENT USE OF THE SERVICES, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO STREAM WILL STREAMJET’S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH STREAMJET, THESE TERMS, YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO STREAMJET IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE STREAM GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STREAMJET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these User Terms, both we and you knew it might happen.
The Services are provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Streamjet.
THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU USE IT SOLELY AT YOUR OWN RISK. STREAMJET
DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY STREAMJET TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
While we have taken reasonable security measures, we recommend that you regularly back up any content and data used in connection with the Services.
The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of Streamjet meet your requirements.
If the provisioning of the Services is delayed outside our control, we will contact you as soon as reasonably possible to let you know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting you know about the delay where it is possible for us to do so, we will not be liable for delays caused by the Stream.
The Services can connect (and may contain links or referrals) to third party and other independent websites and services which are not provided by us. Such websites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use them, including whether to buy any products or services offered by them or whether to distribute your Stream to their platform.
You may terminate these User Terms at any time by deleting your Streamjet User account.
We can, in our sole discretion, terminate these User Terms and/or your right to access or use Streamjet at any time, without notice, for any reason, including where we reasonably consider that (a) your use of the Services violates these User Terms or applicable law; or (b) we are unable to continue providing Streamjet to you due to technical or legitimate business reasons. In the event of such termination:
8. Technical requirements
In order to use Streamjet, it is necessary that you have a device that allows you access to the Internet, and an email. In order for certain functionalities and features to work properly, a camera or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of messages, information or files sent, posted, streamed, published or otherwise transmitted using Streamjet may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of Streamjet.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND STREAMJET CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND STREAMJET TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION IN COURT.
If you have a question or concern about the Streajet services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, you and Streamjet mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and, as described below, agree to binding and final arbitration.
Other than the exceptions, you and Streamjet agree that any disagreement, claim, or controversy arising out of or relating in any way to these User Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Streamjet services, or the provision of content, services, and/or technology on or through the services (hereinafter, “Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.
If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Streamjet agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.
This arbitration agreement shall not require arbitration of the following types of claims: (1) small claims actions demanding 10.000 € or less brought on an individual basis and within a small claims court’s jurisdiction; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. To the extent that either you or we elect to have a dispute resolved in small claims court after an arbitration is initiated, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court. You and we agree that any dispute regarding whether the dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless it is unwilling to do so) and not the arbitrator, including in the situation where an arbitration is already initiated and one party invokes the small claims court option.
Except as otherwise required under applicable law, you and Streamjet agree to bring and resolve any Claims only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding. you and Streamjet acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Claims (hereinafter, “Class Action Waiver”). Further, the arbitrator may not consolidate more than one party’s claims and may not preside over any class, consolidated, or representative proceeding, unless you and Streamjet agree otherwise in writing.
Notwithstanding any other provision of this arbitration agreement, specific disagreements about the scope, applicability, enforceability, revocability or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible.
If any clause within this arbitration agreement is found to be illegal or unenforceable, that specific clause will be severed from this arbitration agreement, and the remainder of the arbitration agreement will be given full force and effect.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.
If we have to contact or notify you, we will do so by the contact information you provided us or via notification on the Platform or other reasonable method.
From time to time we may automatically update and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need your consent to do this, and your continued use of the Services following the update will be subject to these User Terms.
If you transmit Streamjet onto any phone, laptop, desktop or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these User Terms, whether or not you own the phone or other device.
We may change these User Terms to reflect changes in law or best practice, or to address changes in our Services. If you do not accept the changes, you are not permitted to continue using the Services.
We may transfer or assign our rights and obligations under these Terms to an affiliated party of Streamjet or third party, with or without notice to you. You may not transfer your rights and obligations under these Terms to someone else without our prior written consent.
Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If your contact address is in the United States, New York State law governs User Terms, without reference to conflict of laws principles, and you can bring legal proceedings in respect of the products in a court of general jurisdiction in New York, New York. If your contact address is not in the United States, these User Terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. We may take proceedings against you in any other court of competent jurisdiction, and the taking of proceedings in any one or more jurisdiction will not preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.