Due to the changing nature of the Internet, Internet infrastructure technologies, and business practices and models, Streaming Bee shall have the right at any time to:
- change Streaming Bee including eliminating or discontinuing any product, service, or any other content on or feature of Streaming Bee; or
- change any fees or charges for use of Streaming Bee.
Such changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on streamingbee.com or transmission (solely) via electronic mail. You acknowledge that such electronic notification is adequate. You understand and agree that your use of Streaming Bee after either such notice shall be deemed to constitute your acceptance of such changes.
For clarification purposes, the definition of content shall include, without limitation, all text, graphics, and software, without regard to format or media.
No business relationship
The information provided on Streaming Bee is for informational purposes only and does not create a business or professional services relationship between you and Streaming Bee. Links on Streaming Beemay lead to services or sites not operated by Streaming Bee. No judgment or warranty is made with respect to such other services or sites and Streaming Bee takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on Streaming Bee, or any site or service linked to by Streaming Bee, is at your own risk.
Third party relationships
In your use of Streaming Bee, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of third parties showing their products and/or services on or advertised through Streaming Bee. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for products and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Streaming Bee has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Use of secure areas and passwords
Certain functions of Streaming Bee are restricted to authorized users or require you to provide personal information (“Secure Areas”). If you are an authorized user of the Secure Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify Streaming Bee if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Streaming Bee of any unauthorized use of your account or any other breach of security in relation to Streaming Bee known to you.
The Internet is a network of private and public networks. Streaming Bee has no control over the Internet or the Web, therefore,Streaming Bee is not liable for the interruption, erroneous performance, or discontinuance of operation, of any portion of the Internet, or possible regulation of the Internet which might interfere with or restrict the operation of www.streamingbee.com.
Obligations of users
While using Streaming Bee or site-related services, you agree not to:
- Post additional comments on top of Streaming Bee requiring additional non-Streaming Bee technology (“virtual graffiti”);
- Disparage or criticize in any way any other user of Streaming Bee, including, without limitation, Streaming Bee clients and consultants;
- Restrict or inhibit any other user from using Streaming Bee and Streaming Bee- related services;
- Upload, post or transmit any content which is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, vulgar, obscene, hateful, invasive of privacy, or ethnically or otherwise objectionable;
- Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Streaming Bee or any person or entity;
- Without Streaming Bee’s prior written approval, upload, post or transmit any unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or any other form of unauthorized solicitation;
- Upload, post or transmit any content that contains a virus, worm, “time-bomb” (including any “time-lock” or “drop-dead” device), “Trojan horse”, “cancelbot”, unauthorized access (“back door”) code, or any other disruptive or harmful component;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges through Streaming Bee (including, without limitation, by the excessive use of scripts, sound waves or scrolling);
- Interfere with or disrupt the use of Streaming Bee or servers or networks connected to Streaming Bee, through “spoofing” or “denial of service” attack, or disobey any requirements, procedures, policies or regulations of networks connected to Streaming Bee;
- Forge email headers or “trace route” information or otherwise manipulate any identifier in order to disguise the origin of any content uploaded, posted or transmitted on or through Streaming Bee;
- Upload, post or transmit any content in violation of another party’s patent, copyright, trademark, trade secret, or other intellectual property, contract or other right(s);
- Upload, post or transmit any content that you do not have a confirmed right to transmit under law or under a contractual or fiduciary relationship (including, without limitation, inside information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreement);
- Violate any applicable local, state, national, or international laws or any regulations having the force of law, regardless of whether such violation is intentional;
- Modify, adapt, sublicense, translate, sell, distribute, broadcast, publicly display, exploit for commercial purposes, reverse engineer, decompile, or disassemble any portion of Streaming Bee or any Site-related services;
- “Stalk” or otherwise harass another party, or harm minors in any way; or
- Collect or store personal or other individually identifiable data about another user of Streaming Bee.
You acknowledge that Streaming Bee’s ability and cost to provide Streaming Bee is enabled by these requirements, and Streaming Bee has no obligation to monitor, edit or revise Streaming Bee or Site-related services. However, you acknowledge and agree that Streaming Bee has the right (at Streaming Bee’s option) to monitor Streaming Bee and Streaming Bee-related services (including, without limitation, email, chat rooms, downloads, forums and events, if any), and to disclose any content uploaded, posted or transmitted on or through Streaming Bee to any third party in order to operate Streaming Bee, comply with a legal obligation or governmental request or order, respond to a claim that any such content violates the intellectual property or other right of a third party, and protect Streaming Bee, its employees and consultants, clients and the public.
Streaming Bee reserves the right, at any time and with or without notice, to refuse to post, or to remove, any such content, in whole or in part, that is, in its sole discretion, unacceptable, offensive or in violation of any applicable law.
Ownership: This Site is owned and operated by Streaming Bee. The software and all pages, images, text, materials, and other content within Streaming Bee are the sole property of Streaming Bee, except as otherwise specified. It is strictly prohibited to copy, reproduce, or republish all or any part of Streaming Bee. You acknowledge that you do not acquire any ownership rights by using Streaming Bee.
No Reuse: The use of any content found on this Site on any other Web site or networked computer environment is prohibited.
Proprietary Rights: Modification of the materials or any use of any of the materials for any other purpose is a violation of Streaming Bee’s (and third party’s, when applicable) copyright and other proprietary rights. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Streaming Bee, or other respective owners which have granted Streaming Bee the right and license to use such Marks.
Warranty and limitation of liability information
You acknowledge and agree that each of Streaming Bee, Streaming Bee-related services, the content uploaded, posted or transmitted on or through Streaming Bee , and any product, software, data, or service downloaded, licensed or purchased Streaming Bee are provided solely on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, noninfringement, performance, title, and quality, which are expressly disclaimed.
Streaming Bee makes no warranty that your access to Streaming Bee or Streaming Bee-related services will uninterrupted, timely, accurate, reliable, error-free, or secure. No opinion, advice, or statement of Streaming Bee or its agents shall create any warranty. Your use of Streaming Bee and purchase or use of content, products, data, and/or services provided through Streaming Bee are entirely at your own risk.
You acknowledge and agree that Streaming Bee, its third party content providers and licensors, and their respective officers, directors, employees, and agents, are not and will not be responsible or liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of profits, goodwill, or data) under any contract, negligence, strict liability or other theory arising out of or relating in any way, Streaming Bee, Streaming Bee-related services and/or any content uploaded, posted, downloaded from or transmitted on or through Streaming Bee. Without limiting the foregoing, you specifically acknowledge and agree that Streaming Bee is not liable to you any third party for any third party’s negligent, or intentionally harmful defamatory, offensive or illegal conduct, including the actions of other users or third-parties, and that any risk of injury from the foregoing rests entirely with you. Your sole remedy for dissatisfaction with Streaming Bee, Streaming Bee-related services and/or any content uploaded, downloaded, posted or transmitted on or through Streaming Bee is to stop using Streaming Bee and/or those services.
A possibility exists that Streaming Bee could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to Streaming Bee. You understand that all content uploaded, posted or transmitted on or through Streaming Bee, whether publicly or privately, is the sole responsibility of the person from which such content originated. Although Streaming Bee plans to attempt to use reasonable efforts to protect the integrity of Streaming Bee, Streaming Bee can make no guarantee whatsoever as to any Site content timeliness, completeness, or accuracy. Streaming Bee assumes no liability or responsibility for any error or representation in the content of this Site. In the event that such an inaccuracy arises, please inform Streaming Bee so that it can be reviewed and hopefully corrected.
In many instances, content uploaded, posted or transmitted on or through Streaming Bee represents the opinions and judgments of the respective content provider, Site user, a Streaming Bee client (or employee of a client), or some other user not under contract with Streaming Bee. Consequently, Streaming Bee can neither endorse nor be responsible for the accuracy or reliability of any opinion, advice or statement made on Streaming Bee by anyone other than a specifically-designated authorized Streaming Bee employee spokesperson while acting in his/her official capacities. Under no circumstances will or can Streaming Bee be liable to you or any third party for any loss or damage caused by your reliance on any content uploaded, downloaded, posted or transmitted on or through Streaming Bee. It is your responsibility to evaluate the accuracy, completeness or usefulness of such content as you independently see fit.
Streaming Bee may contain links to other sites on the Internet (“External Sites”). Streaming Bee has not reviewed and will not review the web sites which are linked to Streaming Bee. Streaming Bee has no control over such External Sites. You acknowledge and agree that Streaming Bee does not endorse any External Site and is not responsible or liable for any content, advertising, products, or other materials that may appear on or may be available on, from or through any such External Site. You further acknowledge and agree that Streaming Bee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.
You agree to indemnify, defend and hold harmless Streaming Bee, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly (including, without limitation, your violation of the Obligations Of Users above), any content uploaded, posted or transmitted by you on or through Streaming Bee, and/or your activities in connection with Streaming Bee or any Site- related services or content.
Void where prohibited
Not all products or services discussed or referenced in or on Streaming Bee are available to all persons, or in all geographic locations or jurisdictions, even though Streaming Bee may be accessible worldwide. Streaming Bee reserves the right to limit the availability of Streaming Bee and/or the provision of any product or service to any person, geographic area or jurisdiction in its sole discretion, and to limit the quantity of any such product or service that it may provide.
Choice of law