StreamGismo Terms of Use

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.
Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Site, Services and StreamGismo Content (defined below) and set forth the legally binding terms for your use of the Site, Services and StreamGismo Content, whether or not you are a StreamGismo App User (defined below) or a visitor of the Site using graffitiStream.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE GRAFFITISTREAM APPLICATION, SITE, OR SERVICES, BY DOWNLOADING THE GRAFFITISTREAM APPLICATION OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR GRAFFITISTREAM CONTENT.

Modification

StreamGismo reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services (including any future StreamGismo Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Eligibility and Access

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.

Third Party Materials and Agreements

Privacy

If you have any questions about the StreamGismo Privacy Policy, please contact StreamGismo at hello@streamgizmo.com.
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.

Ownership

The Site, Services and StreamGismo Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, StreamGismo and its licensors exclusively own all right, title and interest in and to the Site, Services and StreamGismo Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or StreamGismo Content. StreamGismo claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

User Content

By making available any User Content through the Site and Services, you hereby grant to StreamGismo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. StreamGismo does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to StreamGismo the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or StreamGismo’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyrighted Materials: No Infringing Use

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.

Feedback

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 hello@streamgizmo.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.

Interactions between Users

Your use of the Site, Services, StreamGismo Content and any other content made available through the Site or Services is at your sole risk and discretion and StreamGismo hereby disclaims any and all liability to you or any third party relating thereto. StreamGismo reserves the right to contact StreamGismo users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with StreamGismo to investigate any suspected unlawful, fraudulent or improper activity via the Services.

General Prohibitions

You agree not to do any of the following while using the Site, Services or StreamGismo Content:

StreamGismo will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. StreamGismo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that StreamGismo has no obligation to monitor your access to or use of the Site, Services or StreamGismo Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. StreamGismo reserves the right, at any time and without prior notice, to remove or disable access to any StreamGismo Content and any User Content, that StreamGismo, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Termination

Without limiting other remedies, StreamGismo may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, StreamGismo may notify authorities or take any actions it deems appropriate, without notice to you, if StreamGismo suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by StreamGismo; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, StreamGismo users, StreamGismo or any other third parties or the Site or Services.
Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. StreamGismo will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER.
Any suspension, termination or cancellation will not affect your obligations to StreamGismo under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Disclaimers

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.

Indemnity

You agree to defend, indemnify, and hold StreamGismo, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or StreamGismo Content, or your violation of these Terms of Use.

Limitation of Liability

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.
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRAFFITISTREAM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT GRAFFITISTREAM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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.

Proprietary Rights Notices

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.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between StreamGismo and you regarding the Site, Services and StreamGismo Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between StreamGismo and you regarding the Site, Services and StreamGismo Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without StreamGismo’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. StreamGismo may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by StreamGismo (x) via email if applicable (in each case to the address that you provide); or by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.

General

The failure of StreamGismo to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of StreamGismo. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement.

Contacting Us

If you have any questions about these Terms of Use, please contact StreamGismo at hello@streamgizmo.com.