LikeStream Terms of Service
TERMS OF SERVICE
This Terms of Service Agreement (“Agreement”) governs your access to and use of LikeStream LLC's websites, Facebook applications and mobile applications that link to or reference these Terms of Service (collectively, the "Sites"). You must read and agree to the terms of this Agreement ("Agreement") if you are a user of the Sites.). Do not access or use the Sites if you are unwilling or unable to be bound by this Agreement.
1. UPDATES TO THE TERMS OF SERVICE. We may modify the Terms of Service Agreement at anytime without prior notice. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted. Your continued use of the Sites after modifications are posted will be considered an acceptance of the modified Terms of Service.
2. DESCRIPTION OF SERVICES. LikeStream websites and applications are owned and operated by LikeStream LLC, a California corporation (“LikeStream”). LikeStream provides a social recommendation service for businesses such as restaurants that allows users to share personal comments and ratings regarding selected businesses.
3. USING THE SITES
A. Eligibility. To access or use the Sites, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. By continuing to use the Sites, you are warranting that you are at least 18 years old and you have the authority to enter into these Terms of Service. You may not access or use the Sites if you are a competitor of LikeStream or if we have previously banned you from the Sites or closed your account.
B. Permission to Use the Sites. We grant you permission to use the Sites subject to the restrictions in this Agreement. Your use of the Sites is at your own risk, including the risk that you might be exposed to material that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability. You understand and agree that although we will use reasonable efforts to ensure the Sites are available at all times, temporary interruptions may occur, and the Sites may be modified, updated, suspended or discontinued at any time without notice. LikeStream is not liable to you for any such interruptions, suspensions or discontinuations.
D. User Accounts. In order for you to use some of the features that are offered through the Sites, we may request that you create an account or request permission to access your Facebook account to obtain certain information about you. All information we obtain about you in connection with your use of the Sites is subject to our Privacy Statement, which is incorporated by reference into this Agreement. You agree to keep your password confidential at all times, and to be fully responsible for all activities that occur in connection with your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to close your account or disallow access to any of the Sites at any time for any or no reason.
E. Communications from LikeStream and other Users. By creating an account or installing the LikeStream Facebook application to your Facebook account, you agree to receive certain communications in connection with the Sites. For example, you might receive friend requests from other users or other users might comment on Your Content (defined below) posted to LikeStream. You may also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications using the Settings section within the LikeStream application or via Application Settings within Facebook.
4. CONTENT
A. Definition. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Sites, such as ratings, reviews, comments, invitations, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Sites. "LikeStream Content" means Content that we create and make available in connection with the Sites. "Third Party Content" means Content that originates from parties other than LikeStream or its users, which is made available in connection with the Sites. "Site Content" means all of the Content that is made available in connection with the Sites, including Your Content, User Content, Third Party Content, and LikeStream Content.
B. Responsibility for Your Content. You are solely responsible for Your Content, and once published, such content cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by LikeStream or Facebook.
C. Content Guidelines. You agree that you will not provide any Content that:
i. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
ii. contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
iii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
v. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
vi. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
vii. contains measures that could be used to determine the architecture of the website, or could be used to decompile, disassemble, or reverse engineer the website; or
viii. is to be used for a commercial purpose of any kind.
D. Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Sites and any Other Media the right to access Your Content in connection with their use of the Sites and any Other Media. Finally, you irrevocably waive, and cause to be waived, against LikeStream and its users any claims and assertions of moral rights or attribution with respect to Your Content. In this context, "use" means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
E. Ownership. As between you and LikeStream, you own Your Content. We own the LikeStream Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Sites excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the LikeStream Content and the Sites, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the LikeStream Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Sites and the LikeStream Content are retained by us.
F. Advertising. LikeStream and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
G. Other. Although we do not pre-screen or monitor User Content on a regular basis, we reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
5. RESTRICTIONS. We are under no obligation to enforce the terms of this Agreement on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist or enable others to, use the Sites to:
i. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
ii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iii. Promote a business or other commercial venture or event, or otherwise use the Sites for commercial purposes, except as expressly permitted by LikeStream;
iv. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Sites' search results or any third party website;
v. Solicit personal information from minors, or submit or transmit pornography; or
vi. Violate any applicable law.
B. You also agree not to, and will not assist or enable others to:
i. Violate the Terms of Service;
ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Site Content (other than Your Content), except as expressly authorized by LikeStream;
iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Sites or any Site Content;
iv. Reverse engineer any portion of the Sites;
v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Sites or on any materials printed or copied from the Sites;
vi. Record, process, or mine information about other users;
vii. Access, retrieve or index any portion of the Sites for purposes of constructing or populating a searchable database of business reviews;
viii. Reformat or frame any portion of the Sites;
ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on LikeStream's technology infrastructure or otherwise make excessive traffic demands of the Sites;
x. Attempt to gain unauthorized access to the Sites, user accounts, computer systems or networks connected to the Sites through hacking, password mining or any other means;
xi. Use the Sites or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
xii. Use any device, software or routine that interferes with the proper working of the Sites, or otherwise attempt to interfere with the proper working of the Sites;
xiii. Use the Sites to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Sites or Site Content; or
xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites, features that prevent or restrict the use or copying of Site Content or features that enforce limitations on the use of the Sites.
C. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us atsupport@likestream.net, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
6. GUIDELINES AND POLICIES
A. Privacy. You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Sites outside of the United States, you consent to having your personal data transferred to and processed in the United States.
B. Intellectual Property.
i. LikeStream Intellectual Property Rights. LikeStream is the owner and retains all proprietary rightsto the Sites and LikeStream Content, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Sites and the LikeStream Content only as specifically authorized by us. LikeStream's trademarks and/or service marks may not be used in connection with any product or service that is not provided by LikeStream, in any manner that is likely to cause confusion among customers or users of the Sites, tarnishes or dilutes the marks, or disparages or discredits LikeStream.
ii. Others' Intellectual Property Rights. LikeStream deeply respects all third party intellectual property rights. You warrant that all Content provided by you, either from your own computer or another website/server, is either created and owned by you or you have the necessary licenses, rights and permissions to use the Content and grant LikeStream the rights described herein. Use of the Sites is limited to personal, non-commercial purposes only. You hereby grant to LikeStream a royalty-free, perpetual license to use, copy, create, modify, display and host Your Content solely to the extent necessary for LikeStream to provide the services as described herein. All trademarks and/or service marks displayed on the Sites are the exclusive property of their respective owners, and may not be used without the owner's permission.
iii. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a user of the Sites. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), LikeStream designates the following individual as its agent for receipt of notifications of claimed infringement:
By Mail:
LikeStream LLC
Attn: DMCA Claims
17720 Vista Avenue, Monte Sereno, CA 95030
By E-mail:
contact at likestream dot net
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Sites without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
7. SUGGESTIONS AND IMPROVEMENTS. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
8. THIRD PARTIES. The Sites may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
9. INTERNATIONAL USE. Although the Sites may be accessible worldwide, we make no representation that any content is appropriate or available for use in locations outside of the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, the Sites may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.
10. INDEMNITY. You agree to indemnify and hold LikeStream, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use or misuse of the Sites, (ii) the viewing of Your Content, (iii) the violation of laws, rules, regulations or the Terms of Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. LikeStream reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LikeStream. LikeStream will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LIKESTREAM AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS, IF ANY (COLLECTIVELY, THE "LIKESTREAM ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. THE SITES ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK.
B. THE LIKESTREAM ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE LIKESTREAM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SITES.
C. THE LIKESTREAM ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SITES. ACCORDINGLY, THE LIKESTREAM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SITES.
D. THE LIKESTREAM ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SITES.
F. THE LIKESTREAM ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE LIKESTREAM ENTITIES IN CONNECTION WITH THE SITES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
G. THE LIKESTREAM ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF LIKESTREAM OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
12. CHOICE OF LAW AND VENUE. California law will govern the terms of this Agreement, as well as any claim, cause of action or dispute that might arise between you and LikeStream (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SANTA CLARA COUNTY, CALIFORNIA.
13. TERMINATION
A. You may terminate the Agreement at any time by removing the application from your Facebook account, discontinuing your use of the Sites, and providing LikeStream with a notice of termination to support at likestream dot net. If you close your account, we may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted to LikeStream Talk).
B. We may close your account, suspend your ability to use certain portions of the Sites, and/or ban you altogether from the Sites for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Sites, Your Content, Site Content, or any other related information.
C. In the event of any termination, whether by you or us, Sections 4, 5, 10-15 of this Agreement will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
14. NOTICES. All notices shall be in writing and shall be sent via email or conventional mail. Notices to LikeStream must be sent to the attention of LikeStream LLC at contact at likestream dot net. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the Sites or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by LikeStream.
15. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Sites at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications through the Sites.
C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms of Service contain the entire agreement between you and us regarding the use of the Sites, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
E. Any failure on LikeStream's part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
G. The Terms of Service are not assignable, transferable or sublicensable by you except with LikeStream's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
H. In any action to enforce the Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees.
This document was last updated on September 1, 2010
This Terms of Service Agreement (“Agreement”) governs your access to and use of LikeStream LLC's websites, Facebook applications and mobile applications that link to or reference these Terms of Service (collectively, the "Sites"). You must read and agree to the terms of this Agreement ("Agreement") if you are a user of the Sites.). Do not access or use the Sites if you are unwilling or unable to be bound by this Agreement.
1. UPDATES TO THE TERMS OF SERVICE. We may modify the Terms of Service Agreement at anytime without prior notice. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted. Your continued use of the Sites after modifications are posted will be considered an acceptance of the modified Terms of Service.
2. DESCRIPTION OF SERVICES. LikeStream websites and applications are owned and operated by LikeStream LLC, a California corporation (“LikeStream”). LikeStream provides a social recommendation service for businesses such as restaurants that allows users to share personal comments and ratings regarding selected businesses.
3. USING THE SITES
A. Eligibility. To access or use the Sites, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. By continuing to use the Sites, you are warranting that you are at least 18 years old and you have the authority to enter into these Terms of Service. You may not access or use the Sites if you are a competitor of LikeStream or if we have previously banned you from the Sites or closed your account.
B.
C.
D. User Accounts. In order for you to use some of the features that are offered through the Sites, we may request that you create an account or request permission to access your Facebook account to obtain certain information about you. All information we obtain about you in connection with your use of the Sites is subject to our Privacy Statement, which is incorporated by reference into this Agreement. You agree to keep your password confidential at all times, and to be fully responsible for all activities that occur in connection with your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to close your account or disallow access to any of the Sites at any time for any or no reason.
E.
4. CONTENT
A.
B.
C.
i. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
ii.
iii.
iv.
v.
vi.
vii. contains measures that could be used to determine the architecture of the website, or could be used to decompile, disassemble, or reverse engineer the website; or
viii. is to be used for a commercial purpose of any kind.
D.
E.
F.
G.
5. RESTRICTIONS. We are under no obligation to enforce the terms of this Agreement on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
A.
i.
ii.
iii. Promote a business or other commercial venture or event, or otherwise use the Sites for commercial purposes, except as expressly permitted by LikeStream;
iv.
v. Solicit personal information from minors, or submit or transmit pornography; or
vi. Violate any applicable law.
B. You also agree not to, and will not assist or enable others to:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
C.
6. GUIDELINES AND POLICIES
A.
B.
i.
ii.
iii. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a user of the Sites. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), LikeStream designates the following individual as its agent for receipt of notifications of claimed infringement:
By Mail:
LikeStream LLC
Attn: DMCA Claims
17720 Vista Avenue, Monte Sereno, CA 95030
By E-mail:
contact at likestream dot net
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Sites without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
7. SUGGESTIONS AND IMPROVEMENTS. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
8. THIRD PARTIES. The Sites may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
9. INTERNATIONAL USE. Although the Sites may be accessible worldwide, we make no representation that any content is appropriate or available for use in locations outside of the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, the Sites may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.
10. INDEMNITY. You agree to indemnify and hold LikeStream, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use or misuse of the Sites, (ii) the viewing of Your Content, (iii) the violation of laws, rules, regulations or the Terms of Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. LikeStream reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LikeStream. LikeStream will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LIKESTREAM AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS, IF ANY (COLLECTIVELY, THE "LIKESTREAM ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A.
B.
C.
D. THE LIKESTREAM ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E.
F.
G.
12. CHOICE OF LAW AND VENUE. California law will govern the terms of this Agreement, as well as any claim, cause of action or dispute that might arise between you and LikeStream (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SANTA CLARA COUNTY, CALIFORNIA.
13. TERMINATION
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14. NOTICES. All notices shall be in writing and shall be sent via email or conventional mail. Notices to LikeStream must be sent to the attention of LikeStream LLC at contact at likestream dot net. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the Sites or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by LikeStream.
15. GENERAL TERMS
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C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
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F. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
G. The Terms of Service are not assignable, transferable or sublicensable by you except with LikeStream's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
H. In any action to enforce the Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees.
This document was last updated on September 1, 2010
