StreamGismo (“StreamGismo”, or “we”) provides our users the ability to view material, from either social networking services (“SNSs”) or the Internet generally, in an innovative way. The services offered by StreamGismo include our website located at www.graffitiStream.com (“Site”) and any other services offered by StreamGismo in connection with our StreamGismo Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.
The Site, Services and StreamGismo Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and StreamGismo Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and StreamGismo Content you represent and warrant that you are 13 or older.
You will immediately notify StreamGismo of any unauthorized use of your StreamGismo Application and you will not use the StreamGismo Application to access or use third party services to which you do not have the right to access. StreamGismo reserves the right to suspend or terminate your access to the Site and Services if any information provided to StreamGismo in connection with your use of the Site and Services proves to be inaccurate, not current or incomplete.
Certain types of content are made available through the Site and Services. “StreamGismo Content” means StreamGismo proprietary content, including but not limited to, StreamGismo trademarks and logos, made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a StreamGismo user provides directly to StreamGismo via the Site and Services, as applicable.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. StreamGismo has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the StreamGismo Copyright Policy www.graffitiStream.com/copyright for further information.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of StreamGismo and you hereby irrevocably assign to StreamGismo and agree to irrevocably assign to StreamGismo all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At StreamGismo’s request and expense, you will execute documents and take such further acts as StreamGismo may reasonably request to assist StreamGismo to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following while using the Site, Services or StreamGismo Content:
THE SITE, SERVICES, GRAFFITISTREAM CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GRAFFITISTREAM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.GRAFFITISTREAM MAKES NO WARRANTY THAT THE SITE, SERVICES, GRAFFITISTREAM CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GRAFFITISTREAM OR THROUGH THE SITE, SERVICES, GRAFFITISTREAM CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE GRAFFITISTREAM APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER GRAFFITISTREAM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR GRAFFITISTREAM CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL.
IN NO EVENT WILL GRAFFITISTREAM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GRAFFITISTREAM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of StreamGismo used herein are trademarks or registered trademarks of StreamGismo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.