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Terms of Use/Policy

Effective December 04, 2009

Please take a moment to review our Terms of Use and Privacy Statement. We feel that these policies are consistent with other community websites, and that they are fair to our members, to StreamServe, and to other third parties. We have also made every attempt at simplifying these policies so that you may understand them. If you have questions pertaining to the legal interpretation of these policies, please consult with your legal counsel or other qualified professionals.

Terms of Use Agreement for the STREAMSERVE® Community Network StreamShare™.
Also view Privacy Statement »

1. Scope
2. Acceptance of Terms
3. Change and Notices
4. Confidential Information
5. Your Information, Privacy, and Data Protection
6. Copyright Policy
7. Responsibility for Links and Content
8. Intellectual Property Rights: License Grant
9. Permissible Use of STREAMSHARE
10. Termination and Accountability
11. Specific Terms to STREAMSERVE Software Available on STREAMSHARE
12. Indemnity
13. Exclusion of Software Warranties
14. Limitation of Liability
15. Applicable Law
16. Survival
17. Waiver and Severability

1. Scope

STREAMSERVE Inc., together with its wholly owned subsidiaries (collectively STREAMSERVE), created the STREAMSERVE Community Network website (StreamShare), where you (You or Your) and other STREAMSERVE software experts, developers, users, and other interested parties (each, a User and collectively, Users) may share information and engage in conversation threads around STREAMSERVE’s products and services. If You are accessing and/or using StreamShare on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of these Terms of Use Agreement (TOU) and everywhere in these TOU that refers to You or Your, shall also include Your Company.

2. Acceptance of Terms

Unless otherwise agreed to in a separate signed writing, Your access and use of the StreamShare, Content (defined in Section 8 below), or any forums, wikis, blogs, or services provided on STREAMSHARE (any Services), are subject to these TOU. Additionally, Your use of the STREAMSHARE, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (Additional Legal Terms), which may be posted on STREAMSHARE, where applicable. These TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and STREAMSERVE regarding Your access and use of the STREAMSHARE, Content, and the Services. Whenever there is a conflict between the terms in these TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using STREAMSHARE, You accept and agree to abide by the terms of these TOU. If You do not agree to the terms of these TOU, You must not attempt to access or use STREAMSHARE. Your access and use of any STREAMSERVE software or related documentation provided on STREAMSHARE (together STREAMSERVE Software) shall be subject to a separate software license agreement made available to You at the time You access or download the STREAMSERVE Software.

3. Changes and Notices

STREAMSERVE reserves the right to make changes to these TOU and to modify, change or discontinue any part or all of STREAMSHARE and/or the Services at any time. STREAMSERVE may notify You of any changes to these TOU, STREAMSHARE, and/or the Services when You visit STREAMSHARE, via email, or by updating the TOU which can be viewed via the Legal Terms link. STREAMSERVE may make changes to its products, service offerings and STREAMSERVE Software at any time without notice.

THE MOST CURRENT VERSION OF THESE TOU CAN BE ACCESSED BY CLICKING TERMS OF USE/POLICY WHICH IS INCLUDED ON THE BOTTOM OF EACH WEB PAGE COMPRISING STREAMSHARE.

4. Confidential Information

A. Except for Web sites within STREAMSHARE, which are clearly identified as non-public forums (each a Non-Public Forum), STREAMSHARE is intended to be a public forum and You agree not to provide STREAMSERVE or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for Content clearly labeled as confidential that You upload into a Non-Public Forum, any Content that You send or upload to STREAMSHARE will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.

B. You agree not to reproduce any Confidential Information to which you are provided access through STREAMSHARE in any form except as authorized at the time of disclosure. Any reproduction of STREAMSERVE Confidential Information shall remain the property of STREAMSERVE and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of STREAMSERVE. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with STREAMSERVE Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which STREAMSERVE or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of STREAMSHARE, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.

ALL UPLOADS BY YOU INTO STREAMSHARE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND STREAMSERVE TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF STREAMSHARE.

5. Your Information, Privacy, and Data Protection

You are solely responsible for providing STREAMSERVE with Your complete, true, and current User information, and to keep Your User information accurate and up to date. You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. In a limited number of cases when accessing STREAMSHARE premium websites or responding to sales offers (each, a Transaction), STREAMSERVE may temporarily collect and utilize Your credit card or other personal information provided by You for the purposes of processing a Transaction. Collection and processing of such personal information will be treated in compliance with STREAMSERVE’s Privacy Statement, relevant privacy and data protection legislation and other applicable legislation. You agree that STREAMSERVE may access, preserve and disclose Your account information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of STREAMSERVE, Users, and the public.

YOU AGREE TO COMPLY WITH THE TERMS OF THE STREAMSERVE PRIVACY STATEMENT, WHICH CAN BE FOUND BY BELOW OR BY CLICKING ON TERMS OF USER/POLICY AT THE BOTTOM OF EACH WEB PAGE COMPRISING THE STREAMSHARE.

6. Copyright Policy

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright owner’s rights. You agree that You will not use STREAMSHARE to infringe the Intellectual Property Rights of STREAMSERVE or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of STREAMSERVE Software, third party software, or any Content accessed on STREAMSHARE. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

You agree to comply with the terms of the STREAMSERVE Copyright Policy, which can be found BELOW OR by clicking on TERMS OF USE/POLICY at the bottom of EACH web page comprising STREAMSHARE.

7. Responsibility for Links and Content

STREAMSERVE is only responsible or liable for the Content posted on the STREAMSHARE to the extent required by applicable legislation. STREAMSHARE may contain links to external Web sites and information provided on such external websites by STREAMSERVE partners and third-party service providers. STREAMSERVE shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that STREAMSERVE shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on STREAMSHARE (Content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.

8. Intellectual Property Rights; License Grant

Subject to any licenses You grant to STREAMSERVE pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on STREAMSHARE to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.

By transmitting or uploading Content to STREAMSERVE, You grant STREAMSERVE a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to STREAMSERVE that You have the right, title, and/or authority to grant such license to STREAMSERVE. STREAMSERVE may elect not to post or publish the Content that You send or upload. If STREAMSERVE elects to post or publish the Content, STREAMSERVE may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.

All Intellectual Property Rights to any STREAMSERVE Software and the Services shall belong to STREAMSERVE. Nothing in these TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any STREAMSERVE Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to STREAMSERVE any modifications or derivative works of any STREAMSERVE Software made by You in contravention of this limitation.

9. Permissible Use of STREAMSHARE

You agree not to access or utilize the Services for purposes that are inconsistent with STREAMSERVE's legitimate business interests.

  • You are permitted to Use the Services only in strict compliance with the terms of these TOU to obtain information, so long as that information is not being gathered for a use in any manner which is or could be detrimental to STREAMSERVE (unless such use is otherwise protected by law), and/or to provide feedback or other constructive comments to STREAMSERVE (both positive and negative) and the STREAMSHARE Community.
  • Use of the Services for any other purpose is prohibited without the express permission of STREAMSERVE.

10. Termination and Accountability

In the event You are in material breach of the Controlling Terms, STREAMSERVE may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of STREAMSHARE. STREAMSERVE may remove any Content posted on STREAMSHARE at STREAMSERVE’s sole discretion. STREAMSERVE shall not be liable to You or any third party for any termination or change to STREAMSHARE and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of STREAMSHARE or any other Users computer system, STREAMSERVE may report You to the relevant authorities to ensure You are held accountable to the fullest extent possible under applicable laws.

You agree not to use STREAMSHARE to:

  • publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
  • defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
  • impersonate any person or entity, including, but not limited to, an STREAMSERVE official, STREAMSERVE employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
  • interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • violate any applicable local, state, national or international law and any regulations;
  • harvest, collect, or store personal information or data of other Users.

11. Specific Terms to STREAMSERVE Software available on STREAMSHARE

STREAMSERVE Software made available to download from STREAMSHARE is the copyrighted work of STREAMSERVE. Use of the STREAMSERVE Software is governed by a software license agreement (License Agreement) which accompanies such STREAMSERVE Software. You may not use or install any STREAMSERVE Software which is accompanied by a License Agreement until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any STREAMSERVE Software, except to the extent expressly permitted by applicable law.

12. Indemnity

You agree to indemnify and hold STREAMSERVE, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of STREAMSHARE or the Services, Your breach of these TOU or STREAMSERVE’s Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.

13. Exclusion of Software Warranties

STREAMSHARE, its Content, and Services are being provided to You AS IS. To the fullest extent allowable by law, STREAMSERVE does not guarantee or warrant any features or qualities of STREAMSHARE, the Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to STREAMSHARE, Content or Services in promotional material or on STREAMSHARE and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published STREAMSERVE description of or advertisement except to the extent STREAMSERVE has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of STREAMSERVE’s management.

STREAMSERVE does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on STREAMSHARE, or the content obtainable on such web-pages or (ii) information provided by third parties on STREAMSHARE. STREAMSERVE only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on STREAMSHARE evidently contains illegal contents or infringements against intellectual property rights. STREAMSERVE will not permanently control and/or review the linked web-pages and the information provided by third parties, but upon sufficiently proven indication will remove the respective link and/or information. STREAMSERVE shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by STREAMSERVE’s willful misconduct, gross negligence or STREAMSERVE’s failure to fulfill its duty to review as stipulated herein.

14. Limitation of Liability

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, STREAMSERVE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STREAMSERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE STREAMSHARE, STREAMSERVE SOFTWARE, OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY STREAMSERVE SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE STREAMSHARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON STREAMSHARE;(v) ANY RELIANCE PLACED BY YOU ON CONTENT POSTED ON STREAMSHARE WHEHTER BY STREAMSERVE OR A THIRD PARTY; OR (vi) ANY OTHER MATTER RELATING TO THE STREAMSHARE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY STREAMSERVE AND IN CASE OF STREAMSERVES STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.

15. Applicable Law

This site is created and controlled by STREAMSERVE in Sweden. Therefore, the laws of Sweden will govern these TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

16. Survival

Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or STREAMSERVE’s written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.

17. Waiver and Severability

The failure of STREAMSERVE to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. To the extent that any provision in these TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make these TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of these TOU shall not be affected thereby.


Privacy Statement for the STREAMSERVE® Community Network

Protecting the individual's privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. STREAMSERVE has created this privacy statement to demonstrate our firm commitment to secure and trustworthy Internet commerce and the individual's right to privacy. In addition to the terms set forth in the STREAMSERVE PRIVACY STATEMENT, the terms of this STREAMSERVE COMMUNITY NETWORK PRIVACY STATEMENT shall also apply to your use of the STREAMSERVE Community Network Websites ("STREAMSHARE™").

Consent

By using this Web site, you consent to the collection and use of the information as described here. If we decide to make changes to this privacy statement, we will post the changes on this page so that you will always know what information we collect, and how we use it.

Use and Purpose of Collected Personal Data

On our Web sites, we only store personal information relating to you with your permission. You may choose to reveal information to us if, for example, you register or complete a survey. Companies in the STREAMSERVE group may use the information internationally in connection with processing your inquiries and orders or to help improve our products and services.

We would only share such information with third parties outside the STREAMSERVE group with your express permission or as required by the applicable law. Information is used solely for the purposes described below.

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies," which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Privacy Across the Entire STREAMSERVE Network

As a global company, STREAMSERVE operates a number of Web sites around the world. Any information that you submit to one of our sites in any one country may be sent electronically to a server for one of these sites in another country. We safeguard your privacy interests around the world by ensuring that this STREAMSERVE site adheres to our international data-protection principles described in this statement.

We bind our employees to observe your privacy and confidentiality rights.

Details

1. What Information Do We Collect and Why?

  • IP Addresses
    We use IP addresses to help diagnose problems, to administer our Web site, and to gather demographic information. When you visit our site, we recognize only your domain name and not your e-mail address. We will see your e-mail address only if you give it to us by filling out a form or by sending us an e-mail message.
  • Cookies
    We use cookies to deliver personalized content, to save you having to re-enter your password repeatedly, to see which of our information is of most interest to you, and to tailor our information offerings to how you and others use the site.
  • User Registration
    If you choose to register, we can send you information or products, other product information, news, or promotions according to the decisions you make during the registration process or through subsequent user profile updates.
  • E-mail Addresses
    If you choose to give us your e-mail address, we will communicate with you via e-mail. We do not share your e-mail address with others outside the STREAMSERVE group of companies. You can choose not to receive any more e-mail at any time.

    Depending on how your e-mail application is set up, information about you may be transmitted automatically when you send e-mail to STREAMSERVE.

    If you choose to register for third-party services, we may need to send some information from your STREAMSHARE registration to the service provider, possibly including your e-mail address - but only if your requested service cannot be provided otherwise.
  • Online Surveys
    Our surveys may ask you for demographic information, such as postal codes or your industry sector. If the online survey collects contact data, we may use that data to send you further information only if we specifically asked for your permission in the survey. You are free to retract any permission previously given.

2. What Information Do We Collect and Why?

This site contains links to other sites. STREAMSERVE is not responsible for the privacy practices or the content of other Web sites.

3. Choice/Opt-Out

You can opt out of receiving e-mail communications from us whenever you like. You only need to e-mail us to have your name and details removed from STREAMSHARE's e-mail list or registration database. Registered users may opt out at any time by modifying their STREAMSHARE user profile.

4. Inquiries

If you have any questions about this privacy statement - if, for example, you wish to inspect or update the information we hold about you - feel free to contact our Community Manager.