The Streaming Network (“TSN”) Universal Terms and Conditions
1) Your Acceptance
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 firstname.lastname@example.org.
4) Third-party Services
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
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 email@example.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.
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 firstname.lastname@example.org.