Last Updated: 27 October 2020
These Terms are subject to change without notice, in our sole discretion. Changes to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Service after the “Last Updated” date constitutes your acceptance and agreement to such changes.
1. OWNERSHIP AND USE OF THE SERVICE AND MATERIALS
Intellectual Property. You acknowledge and agree that OTS and/or it licensors own—a) all software, interfaces, layout, graphics, data, data compilations, visual art, text and the “look and feel” of the Service, and b) all audio-visual material, including videos, sounds, pictures, including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (together the “Materials”).
Limited License. Subject to your strict compliance with these Terms, including but not limited to compliance with the restrictions and prohibitions set forth in paragraph 6 below, OTS grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Service or Materials on a personal device, as it is displayed to you for your personal, non-commercial use only, for the duration and in the manner specified by the Service. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Service or Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Reservation of Rights. You will not acquire or earn any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Terms or any access to or use of the Services. All rights not expressly granted to you are reserved by OTS and its licensors and other parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service and Materials for any purpose is prohibited.
Site Availability. OTS in its sole discretion and without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Materials, in whole or in part, for any reason.
2. OTHER ONLINE SERVICES
3. BUSINESS TRANSACTIONS
We may share or transfer any information we obtain through the Service in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
4. MARKETING MESSAGES
You may modify your email marketing communications preferences by following the instructions contained in our promotional emails. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails.
5. USER-GENERATED CONTENT
We may provide interactive areas on the Service to give users of the Service a forum to express their opinions and share their ideas, information, materials and other user-generated content (“User-Generated Content”).
Waiver of Rights. Whenever you send, post, upload, or otherwise make available User-Generated Content on the Service or directly to OTS you grant OTS an irrevocable, worldwide, non-exclusive, unrestricted, unconditional, unlimited, perpetual, fully sub-licensable and assignable, royalty-free licence to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works from, publish, broadcast, advertise, market, promote, and otherwise use and exploit in any manner whatsoever, all or any portion of such User-Generated Content and your name, voice, likeness, and other identifying information in connection with that User-Generated Content, via any media now known or later developed (including on or via the Service, or by other means, including without limitation via our social media pages and accounts), all without any obligation to you except as required by applicable law. You further authorize OTS to publish your User-Generated Content in a searchable format that may be accessed by any Internet user.
As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your User-Generated Content. Our receipt of your User-Generated Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your User-Generated Content.
6. RESTRICTIONS AND PROHIBITED USES
You agree that you will not:
- Use the Service for any commercial or political purpose.
- Engage in any activities through or in connection with the Service that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane or abusive; violate any right of any other party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to OTS.
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of OTS.
- Submit any content or information that infringes our or any third party's intellectual property or other rights.
- Engage in spamming or flooding, or any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication.
- Harvest or collect information about Service users.
- Order, or attempt to order, a number of tickets that exceeds the stated limit.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Service by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Service.
- Engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, OTS, or other users of the Service.
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Service or the Materials.
- Harvest, scrape, or otherwise collect or store any information, including personal information, from the Service.
- Attempt to gain unauthorized access to the Service or other computer systems or networks connected to the Service; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization.
- Use the Service to transmit information that is in any way false, fraudulent, or misleading.
- Monitor, gather, copy, or distribute the Materials (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
- Remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in the Materials.
- Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any other party or on any Other Online Service or website, or otherwise use or exploit the Materials in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of OTS.
- Insert any code or product to manipulate the Materials in any way that adversely affects the OTS or attempt to interfere with service to any user, host, or network.
- Otherwise violate these Terms.
You agree that if you submit any personal information of another person to OTS or to the Service, you represent that you are authorized to provide that individual’s personal information to OTS.
7. PURCHASES AND DONATIONS ON THE SERVICE
Your purchases and submissions of donations on the Service is subject to our Terms of Sale. Any other purchases or transactions you conduct or initiate on the Service may be subject to Additional Terms.
8. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or other promotions (any, a “Promotion”) that may be offered via the Service may be governed by Additional Terms that may have rules such as eligibility requirements, including certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User-Generated Content, and disclosures about how your personal information may be used. It is your responsibility to read these Additional Terms to confirm that you are eligible to participate, register, and/or enter, the Promotion. By participating in a Promotion, you will be subject to the applicable Additional Terms and you agree to comply with and abide by rules and the decisions of the identified sponsor(s).
9. SERVICE ACCURACY AND AVAILABILITY
We do not warrant that specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. We make no warranties as to the availability or accessibility of the Service, and (except as otherwise set out in these Terms) we will not be liable for any damages, loss, costs, or expenses incurred by you as a result of any lack of availability or accessibility of the Service.
10. ARBITRATION AND DISPUTE TERMS
If a dispute arises between you and OTS, you and OTS agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Service through binding arbitration or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at stream[email protected] to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and OTS agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.
If any controversy, allegation, or claim relates in any way to your use of the Service (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in New York except that we may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association; any dispute shall otherwise be governed by the internal laws of the State of New York without regard to New York choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If for any reason a claim proceeds to court rather than arbitration, you and OTS agree to waive any right to a jury trial.
11. Disclaimer of Representations and Warranties
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, OTS and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “OTS Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Materials, User-Generated Content or other OTS products or services, except as set forth below.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE OTS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF OTHER PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
12. Limitations of Our Liability
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE OTS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Materials, User-Generated Content or other OTS products or services, except, to the extent not waivable or under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold, or provided by OTS.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the OTS parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OTS PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID OTS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
13. GENERAL PROVISIONS
Severability. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Entire Agreement and Precedence. Except for any Additional Terms, this is the entire understanding between you and us regarding the use of the Service, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Assignment. These Terms and all of your rights and obligations under the Terms are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under them.
Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of the Service and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms or any Additional Terms that may be provided to you or agreed upon between you and us.
We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on the Service, without limitation, in whole or in part, including the cessation of all activities associated with the Service, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of the Service or any part thereof. We also reserve the right to charge for use of the Service, in whole or in part, and to change its fees from time to time in its discretion.
Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by OTS), indemnify, and hold the OTS Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any OTS Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the OTS Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by OTS Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the OTS Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. OTS Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a OTS Party. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors, and other OTS Parties are intended beneficiaries of these Terms.
No Waiver. Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.
Investigations; Cooperation with Law Enforcement. OTS reserves the right to investigate and prosecute any suspected or actual violations of these Terms. OTS may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Service it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Service constitutes agreement to these Terms, and any applicable Additional Terms, then posted without further action by you.
California Notices. In accordance with California Business and Professions Code Section 17538 et al., OTS return and refund policy is available here, the legal name under which OTS conducts business is Artech Holdings LLC and OTS business address is 254 West 54th St, 14th Floor, New York NY 10019. Within five (5) days of OTS receipt of your request, California residents may receive verification of this information by email by contacting us at stream[email protected].
Residents of California are also entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms or any applicable laws or regulations because of any event beyond our reasonable control.
14. CONTACT INFORMATION
If you have any questions or concerns you may contact us by emailing stream[email protected].