If you require any more information or have any questions about our Terms of Service, please feel free to contact us at legal@sailstream.tv.

Last updated 03/20/2017

Introduction

These terms govern your use of this website. By using this website, you accept these terms in full and without reservation. If you disagree with these terms or any part of these terms, you must not use this website.

You must be an “Authorized User” to use this website. To be an Authorized User, you must:

  • Agree to and comply with the terms of this website;
  • Be at least 18 [eighteen] years of age or the age of legal majority in your jurisdiction (if different than 18). By using this website and agreeing to these terms, you warrant and represent that you are at least 18 years of age or the age of legal majority in your jurisdiction (if different than 18); and
  • Be an Advertiser or Streamer (as both are defined on this website), or otherwise have express written consent from Sailstream, LLC to use this website.

Sailstream, LLC may immediately terminate your access to the Sailstream, LLC website and any rights granted herein, at its sole disrection and at any time, for any reason with or without advance notice. Sailstream, LLC may further terminate suspend, or discontinue certain features or functions of the Sailstream, LLC website. You may terminate your use of the Sailstream, LLC website at any time by ceasing to access the Sailstream, LLC website.

Limited Right to Use Sailstream Property

Sailstream, LLC and/or its licensors own all intellectual property rights to this website, and any software, programs, interfaces, algorithms, screens, etc. attached or related hereto (collectively referred to as “Sailstream Property”). The intellectual property rights of Sailstream Property which belongs to Sailstream, LLC includes but is not limited to patent, copyright, trademark and trade secret rights.

An Authorized User of Sailstream, LLC is provided only with the limited right to use Sailstream Property for the purposes described herein. The limited right to use allows you only to view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to all the restrictions set out on this website. This limited right to use is a nontransferable, nonassignable, nonexclusive, and revocable right and is effective only during the period of time you are an Authorized User of this website.

Prohibitions on Use of Sailstream Property

In addition to other terms set forth on this website, you must not:

  • use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Sailstream, LLC or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities on or in relation to this website without Sailstream, LLC express written consent. This includes but is not limited to: scraping, data mining, data extraction, data harvesting, 'framing' (iframes), and Article 'Spinning';
  • use this website or any part of it to transmit or send unsolicited commercial communications;
  • republish material from this website in any media including but not limited to print and digital media (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; and
  • redistribute material from this website - except for content specifically and expressly made available for redistribution or where content is specifically made available for redistribution, it may only be redistributed within your organization.

Restricted Access

Access to certain areas of this website is restricted. Sailstream, LLC reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Sailstream, LLC may change or modify this policy without notice.

If Sailstream, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you will ensure that the user ID and password are kept confidential. You are responsible for the security of your password and user ID. You understand that access to your password and user ID that has not been authorized by Sailstream, LLC, may result in damage and loss to you and Sailstream, LLC. You are responsible for damage and loss which may result from such unauthorized access. Sailstream, LLC may disable your user ID and password at Sailstream, LLC’s sole discretion without notice or explanation.

Authorized User Content

In these terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Sailstream, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any media. You also grant to Sailstream, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful and must not infringe on Sailstream, LLC’s or any third party's legal rights. You will not submit any user content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Sailstream, LLC reserves the right to edit or remove any material you submit to this website, or which is stored on the servers of Sailstream, LLC, or that is hosted or published on this website.

Sailstream, LLC reviews and approves “campaigns” submitted by Advertisers, for the limited purpose of submitting the appropriateness of content for Sailstream, LLC purposes. Notwithstanding the foregoing, Advertisers are fully responsible for the content of their campaigns and user content which is submitted to Sailstream, LLC and any and all legal responsibilities and liabilities which arise from such content.

Third Party Content

On the Sailstream, LLC website, Sailstream, LLC may provide access to third party content or access to third party services (collectively “Third Party Content”). Sailstream, LLC does not control or endorse any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. You are responsible for any Third Party Content on or available through the Sailstream, LLC website. You are responsible for deciding if you want to access or use third party websites or applications that link from or to Sailstream, LLC. Sailstream, LLC does not control or endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. Sailstream, LLC makes no representations or warranties of any kind regarding such sites. Access and use of such sites, including the information, materials, products, and services on or available through such sites, is solely at your own risk.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Sailstream, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website. Without limiting the generality of the foregoing, Sailstream, LLC does not warrant that this website will be constantly available, or available at all, or that the information on this website is complete or accurate. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in understanding these terms, you should consult an appropriate professional.

Limitation of Liability of Sailstream, LLC

Sailstream, LLC (including its officers, employees, agents, subsidiaries, successors, assigns, and contractors), will not be liable to you or any third party, whether under the law of contract, tort, or otherwise, for any loss or damage, you or any third party may experience, in relation to your use of this website and Sailstream Property. This limitation on liability by Sailstream, LLC includes direct loss and damage, and any indirect, special or consequential damages. By way of example but not limitation, Sailstream, LLC will not be liable for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. This limitation of liability applies even if Sailstream, LLC has been expressly advised of the potential loss or damage.

Indemnity

You hereby indemnify Sailstream, LLC from any third party claims for any losses, damages, costs, and liabilities arising out of any claim that you have breached any of these terms. By way of example, for these indemnity purposes: if you are a Streamer, you indemnify Sailstream, LLC for claims by an Advertiser that you have breached any of these terms; if you are an Advertiser, you indemnify Sailstream, LLC for claims by a Streamer that you have breached any of these terms.

Reasonableness

By using this website, you agree that the terms set out on this website are reasonable. If you do not think they are reasonable, you must not use this website.

Breach of Terms

If you breach these terms in any way, Sailstream, LLC may take such action as Sailstream, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you. You agree to be responsible for any and all costs incurred by Sailstream, LLC arising out of your breach, including but not limiting to, Sailstream, LLC employee time spent carrying out the actions described above, and reasonable attorney fees and costs.

Revision of Terms

Sailstream, LLC may change these terms at any time in its discretion. Sailstream, LLC will give you notice of the changes by posting an updated version of these terms online or by emailing you at an email address you have provided. Changes to the terms will be effective as of the date we post them or otherwise notify you of them, unless Sailstream, LLC specifies a different effective date when we make a particular change. You are responsible for checking for updates to these terms. Your continued use of the Sailstream LLC website after changes to these terms will constitute your acceptance of the changes. If you do not agree to a change, you must immediately stop using the Sailstream, LLC website.

Assignment

Sailstream, LLC may transfer, sub-contract, and assign Sailstream, LLC rights and/or obligations under these terms without notifying you or obtaining your consent. You may not transfer, sub-contract and assign your rights and/or obligations under these terms.

Severability

If any of these terms is determined by a court or other competent authority to be unlawful and/or unenforceable, the other terms will continue in effect. If any unlawful and/or unenforceable term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term will continue in effect.

Entire Agreement

These terms, together with the Sailstream, LLC. policies, and your agreement to the terms of use as an Advertiser or Streamer (both viewable when creating an account), as appropriate, constitute the entire agreement between you and Sailstream, LLC in relation to your use of this website and Sailstream Property, and supersede all previous agreements, whether written or oral in respect of your use.

Law and Jurisdiction

These terms will be governed by and construed in accordance with the laws of the state of Oregon, USA, and any disputes relating to these terms will be subject to the exclusive jurisdiction of, and venue in, the courts of Oregon, USA.

If you require any more information or have any questions about our Terms of Service, please conctact us at legal@sailstream.tv.