Terms & Conditions - Streamlyne

STREAMLYNE TERMS AND CONDITIONS OF USE

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. AGREEMENT

This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of Streamlyne (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site.This Agreement may be modified at any time, with or without notice, to make changes to this agreement at Streamlyne’s discretion. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://streamlyne.com/. You should review this agreement periodically to determine if any changes have been made. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. PRIVACY

When using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use.

3. OWNERSHIP

All content included on this site is and shall continue to be the property of Streamlyne, a California corporation or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. INTENDED AUDIENCE

You must be at least 13 years of age to access and use this website. If you are 13 years or younger, do not use this service for any purpose.

5. TRADEMARKS

Streamlyne, Streamlyne Research, and others on the website are either trademarks or registered trademarks of Streamlyne. Other product and company names mentioned on this Site may be trademarks of their respective owners

6. SITE USE

Streamlyne grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note that you may not frame or utilize
framing techniques to enclose the Site or any portion thereof without our prior written consent.

The limited license set forth herein does not include the right to:(i) copy, modify or download, other than as expressly permitted, the Site or its Content (except caching or as
necessary to view the Content); (ii) make any use of the Site or its Content other than for your personal informational purposes, and if applicable, for informational purposes for your employer or firm; (iii) create any derivative work based upon either the Site or its Content; or (iv) use any meta tags or any other “hidden text” utilizing the name or Trademarks of Streamlyne without our express written consent.

A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not
misrepresent its relationship with us; and (iv) may not link to any page of the Site other than the home page. Streamlyne may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law

a. LINKS TO OTHER WEBSITES : Links on this Site may lead to websitesmaintained by individuals or organizations other than Streamlyne. These links are for
your convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or website. We are not responsible for such websites or their content, and we make no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the content located on such websites, and we do not monitor nor endorse such websites or content.

b. IMAGE RELEASE AND RECORDING CONSENT : Streamlyne (“we” or “our”or “us”) or its vendors may photograph and record you during your participation or attendance at virtual live events (“Recording”). By attending you hereby give Streamlyne, its affiliates, successors, assigns, and licensees and those acting with Streamlyne’s authority and permission.

i. The unrestricted right and permission to photograph you and your likeness;
ii. The unrestricted right and permission to copyright and use, publish, produce, copy, edit, post, broadcast, present, sell, transfer, and distribute film footage
and audio recording of you and your likeness in the Recording for any purpose without compensation or restrictions on user modifications to the Recording.

You hereby release and waive any claim, action, or suit that you may have against Streamlyne for any claims that may arise regarding the use of your name, likeness, image, or the Recording. You also understand that Streamlyne is not obligated to use the Recording in any manner

c. ATTENDEE INTERACTION DISCLAIMER : Questions, live polls, public chats, or other discussions on live events are recorded and will potentially be shared on streamlyne.com and Streamlyne’s social media channels or via e-mail. By participating in the live events, you consent to Streamlyne’s recording and distribution in this manner.

7. COMPLIANCE WITH LAWS.

You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

8. INDEMNIFICATION

You agree to indemnify and hold Streamlyne, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

9. Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. STREAMLYNE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. STREAMLYNE DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STREAMLYNE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND STREAMLYNE MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. STREAMLYNE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.

10. Limitation of Liability

STREAMLYNE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF STREAMLYNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR STREAMLYNE WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF STREAMLYNE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO STREAMLYNE FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. DISCLOSURE OF INFORMATION

Streamlyne reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

12. COPYRIGHTS AND COPYRIGHT AGENT

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of theowner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Turgut Gerboga, who can be reached as follows:

By Mail: 7565 Mission Valley Road, Suite 110, San Diego, CA 92108

By Phone: (858)298-4824

By E-mail: info@streamlyne.com

13. APPLICABLE LAW

Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the County of San Diego, California.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

14. SEVERABILITY

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. WAIVER

The failure of Streamlyne to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Streamlyne must be in writing and signed by an authorized representative of Streamlyne.

16. MODIFICATION AND TERMINATION OF THE WEBSITE

Streamlyne reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that streamlyne.com will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.

17. RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18. ENTIRE AGREEMENT

This Terms of Use constitutes the entire agreement between you and Streamlyne and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Streamlyne with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Streamlyne may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

19. CONTACT INFORMATION.

Streamlyne
4225 Executive Square, Suite 600
San Diego, CA 92037

info@streamlyne.com

If you have any questions regarding these Terms of Use, please contact us at info@streamlyne.com or the mail address shown above.

20. UPDATED

This Agreement was last updated on August 5, 2020