TERMS AND CONDITIONS

The Streaming Network (“TSN”) Universal Terms and Conditions

1) Your Acceptance

Please read these Terms of Use (the “Terms”) carefully because this document is legally binding on you even if you are just browsing THE STREAMING NETWORK (the “Site”) without intent to register, use our services, or contact other users or us. The website is owned and operated by THE STREAMING NETWORK, INC. The term “us,” “we” or “our” refers to the owner and operator of this Site. Our also governs your use of the Site. If you do not want to accept and agree to both these Terms and the Privacy Policy, you must exit the Site. Note that we may revise these Terms when and as we deem appropriate; so, please visit this page regularly in order to view such revisions.

2) Products & Services Offered on the Site

THE STREAMING NETWORK offers products and services on the Site. When you enroll to obtain a product or service from THE STREAMING NETWORK on the Site, you accept the specific agreement terms and conditions applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, THE STREAMING NETWORK does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete or error-free.

3) Intellectual Property

a) All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property.

b) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to info@thestreamingnetwork.com.

4) Third-party Services

The Site may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, the Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party website. We cannot guarantee the availability or performance of any third-party services used to support the Site. Such third-party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third-party network service. Third-party networks have their own terms of use, and you must comply with any terms and/or conditions provided by any third-party network.

5) Your Obligations

By using this Site, you represent, warrant and agree that:

a) You are 16 years of age or older.
b) You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
c) Our Site may contain typographical errors or other inaccuracies.
d) You will only submit true, complete and not misleading information to the Site. All content you submit to our Site is free of third-party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.
e) Our Site content may not be copied for republication, either online, via electronic media, or on paper, without our prior express written permission.
f) You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users, or anyone else. Any unsolicited message must also not direct the recipient to any third-party site or other resource.
g) You will not access our Site in order to gain a competitive advantage.
h) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
i) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party’s rights of privacy and publicity.

6) Remedies for Breach of these Terms

a) We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right; (ii) block user’s IP address, notify user’s Internet Service Provider; (iii) suspend or terminate any account on our Site; (iv) moderate any content submitted to us; and/or (v) take any other action provided for in these Terms of Use or available under law or in equity.

b) Since we cannot ensure that all material submitted to us is accurate and free of third-party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party.

7) Non-negotiable Terms

These Terms are not negotiable, but you may refuse to accept these terms by notifying THE STREAMING NETWORK at info@thestreamingnetwork.com. THE STREAMING NETWORK and all third-party services with access to or storage of personal data shall comply with General Data Protection Regulation (GDPR). THE STREAMING NETWORK’s customers are considered the controller of the data from a GDPR perspective, making our customers ultimately responsible for fulfilling data subject rights and ensuring that opt-in consent is in place. THE STREAMING NETWORK, as the data processor, understands that our customers will need to rely on THE STREAMING NETWORK to collect the opt-in information because they use THE STREAMING NETWORK platform to collect information for user registrants (data subjects). Customers should refer to their contract documents for further information.

8) Disclaimer of Warranty

USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS”. YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.

9) Limitation of Liability

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX (6) MONTHS FROM THE DATE THE ACT OR OCCURRENCE GIVING RISE TO THE UNDERLYING CAUSE OF ACTION OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE SHALL NOT BE LIABLE FOR PROTECTION OF SPECIAL CATEGORIES OF DATA, SO YOU AGREE NOT TO SHARE SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, SPECIAL CATEGORIES OF PERSONAL DATA WITHIN THE MEANING OF THE GDPR.

10) Indemnification

You agree to defend, indemnify and hold harmless our company, 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 attorney’s fees) arising from any one or more of the following: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or, (iv) any claim that one of your user submissions caused damage to a third-party.

11) Governing Law & Arbitration

These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of law provisions that would result in application of any other law. Any controversy or claim arising out of or relating in any way to your use of this Site and/or these Terms (a “Dispute”), shall be submitted to the state courts in Santa Clara County, California, or the United Stated District Court for the Northern District of California. You agree that these courts shall have exclusive jurisdiction and venue to hear any Dispute between you and us.

12) Contact Us

Please submit your inquiries to info@thestreamingnetwork.com.

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