Terms and Conditions
Welcome to Streamray a service of Streamray Inc. You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By visiting the STREAMRAY website, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. - Eligibility:
You must be eighteen or over to register as a member of or use this site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority). - Fees/Termination:
STREAMRAY's and Streamray Inc.'s, usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. Streamray Inc. reserves the right to terminate your access to the site for any reason or no reason. Streamray Inc. may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If Streamray Inc. terminates your membership in the STREAMRAY service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 14, inclusive, of this Agreement. - Non-Commercial Use by Members/Viewers:
The STREAMRAY site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of STREAMRAY and should not use the STREAMRAY service or site for any purpose. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited bulk commercial e-mail will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, Streamray Inc. may take reasonable steps, including the limiting of the numbers of emails sent by a member. - Proprietary Rights of Content on STREAMRAY:
Streamray Inc. owns and retains other proprietary rights in the STREAMRAY site and the STREAMRAY service. The site contains the copyrighted material, trademarks, and other proprietary information of Streamray Inc., and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. - Content Posted on the Site/CDA:
- Streamray Inc. claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Streamray Inc. may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment Streamray Inc. violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Streamray Inc. and/or its members.
- You are solely responsible for the content that you publish or display (hereinafter, "post") on the Streamray or transmit to other Streamray Inc. members.
- By posting content to any public area of Streamray you automatically grant, and you represent and warrant that you have the right to grant, to Streamray Inc. and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to STREAMRAY if you provide Streamray Inc. with your e-mail address via a registration process or post it on STREAMRAY you thereby authorize Streamray Inc. and its affiliates and any entities that Streamray Inc. becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.
- The following is a partial list of the kind of content that is illegal or prohibited on the site. Streamray Inc. will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the STREAMRAY service in a manner consistent with any and all applicable laws and regulations.
- You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the STREAMRAY Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Streamray Inc. by our users or third parties.
- You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other STREAMRAY members. Although Streamray Inc. cannot monitor the conduct of its members off the STREAMRAY site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
- Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the STREAMRAY service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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; 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. Streamray Inc.'s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
DMCA AGENT
Streamray Inc.
6845 S. Escondido St.
Suite 105
Las Vegas, Nevada 89119
It is the intention of Streamray Inc. to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference. - Member Disputes:
Streamray Inc. does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other STREAMRAY members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the STREAMRAY site, you release Streamray Inc., including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ¤ 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Streamray Inc. reserves the right, but has no obligation, to monitor disputes between you and other members. - Privacy:
Use of the STREAMRAY site and/or its service is governed by our Privacy Policy which may change from time to time upon electronic notice to you. - Disclaimers:
Streamray Inc., including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the STREAMRAY service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the STREAMRAY service whether online or offline. Streamray Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Streamray Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the STREAMRAY site and/or in connection with the STREAMRAY service. Under no circumstances Streamray Inc., be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the STREAMRAY site or transmitted to STREAMRAY Members. The site and the service are provided "AS-IS" and Streamray Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Streamray Inc. cannot guarantee and does not promise any specific results from use of the site and/or the STREAMRAY service. - Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Streamray Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the STREAMRAY service, even Streamray Inc. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Streamray Inc.'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to STREAMRAY for the service during the term of membership. - U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. - Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship with Streamray Inc. shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in Las Vegas, Nevada and shall be governed by Nevada law without regard to its conflict of law provisions. - Indemnity:
You agree to indemnify and hold Streamray Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above. - Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Webmaster
Streamray Inc.
6845 S. Escondido St.
Suite 105
Las Vegas, Nevada 89119
or to the email address you provide to STREAMRAY during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Streamray Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to STREAMRAY during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Streamray Inc., in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Streamray Inc. shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. Streamray Inc.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Streamray Inc. is located at:
Streamray Inc.
6845 S. Escondido St.
Suite 105
Las Vegas, Nevada 89119
(Revised May 23, 2005)
Privacy Policy
Streamray Inc. is committed to maintaining a privacy policy that benefits each individual customer's preferences.
NOTE: Our privacy policy is null and void in cases of fraud!
This policy explains the privacy practices for Streamray Inc., a Nevada corporation, located in the state of Nevada (www.streamray.com). In order to provide interactive computer billing and fraud services, Streamray collects and uses certain information about you. This policy explains what we collect, what we use and how you can interact with Streamray in order to ensure the accuracy of the data we collect and use. - Information Collection:
Visitors can access our Web site home page and browse our Web site without disclosing any personal data. However, in order to provide you with a particular product or service online, Streamray may request that you voluntarily supply Streamray with primary personal data (such as name and email address) and identifiers (such as credit card number and web site password). Streamray gives you the option of using a secure transmission method of sending such information.
Streamray receives and stores all information that you enter in our Web site and billing pages. In addition, Streamray collects information about you during your visit, such as your IP Address, and Streamray employs its software in order to ascertain your physical location when making a purchase. However, we do not collect information from other sources, such as public records or bodies, or private organizations. You are required to provide Streamray with accurate and up-to-date information, and failure to provide Streamray with such information could result in voiding your Agreement with Streamray.
You can inquire about your personal data by sending an email to customerservice@Streamray.com. Within a week, Streamray shall provide you with a readable copy of the personal data which Streamray keeps about you. Streamray charges a $25 processing fee for the request. Prior to completing your request, Streamray may require that you provide Streamray with proof of your identity. Streamray reserves the right to refuse any request for information, though Streamray will communicate the reason for its decision. - Information Use:
Streamray is the sole owner of the information collected on its sites. Streamray will not sell, share, or rent this information to third parties in ways different from what is disclosed it this policy. Streamray shall release data when required by law, to enforce its Agreement, or the contract rights of its clients. Streamray shares the following data with the owner/operator of the web site from which you are purchasing goods and services utilizing Streamray services: the URL you are purchasing goods or services from, your e-mail address, your name, your address, your phone number, your date of birth, and your agreement to be bound by Streamray terms and conditions. Streamray uses the data it collects for the technical administration of the Web site, research and development, and fraud deterrence. - Information sharing:
We ensure that your personal data will not be disclosed to State institutions and authorities except if required by law or other regulation. - Email correspondence:
Streamray may request a confirmation when you receive and open and e-mail communication delivered by Streamray. We archive and identify the origination IP address of all email sent into our network. - Third party information:
Occasionally, Streamray receives information from third parties to compare it to information that you had provided to Streamray for fraud prevention purposes. - Cookies:
A cookie is a piece of data stored on the visitor's hard drive containing information about the visitor. Streamray employs "cookie" technology. We use Cookie to store personal date, to authenticate you as a Site user, for security purpose, and to track our affiliate click-throughs and sign-up rate. - Children:
Streamray does not request, or knowingly collect personal data from children under the age of 18. Streamray takes specific steps to protect the privacy of children by making reasonable efforts to ensure that a parent has authorized the collection of the child's personal data Additionally, to ensure that children's privacy is respected on our Web site, Streamray requires age verification on every inquiry. Furthermore, Streamray does not give children the ability to post messages or otherwise distribute information about themselves on our web site. - Security:
We date every protection to protect our visitors' information. We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorized access; improper use or disclosure; unauthorized modification; unlawful destruction or accidental loss. Streamray utilizes Secure Socket Layer (SSL) software when receiving and transmitting electronic payments. Streamray encrypts the information that you provided.
In addition, Streamray does everything to protect your information off-line. All employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitors' personal data. Streamray conducts background and credit checks on all of its employees prior to employment. Streamray employs a username and password scheme in order to limit and achieve access to our computer network by our employees and third parties. - Correction/Updating Personal Information:
You may access certain information about you for the purpose of viewing, updating, and in some instances deleting from our system any information deemed inaccurate. You may request to access your information by sending a request to the address below.
If you have an inquiry or concern about our privacy policy, please contact:
Administrator, Consumer Protection Dept.
Streamray Inc.
6845 S. Escondido St.
Suite 105
Las Vegas, Nevada 89119
or email: customerservice@Streamray.com.
DMCA Notice
IMPORTANT LEGAL INFORMATION AND INFORMATION REGARDING THE DIGITAL MILLENNIUM COPYRIGHT ACT
Streamray Inc. is an automated information location tool provided to Internet users. The Streamray Inc. Web sites use an automated technology to update its sites and related web pages. The indexing of links to files in both the search engine and link lists is automatic, and Streamray Inc. does not review the files that are linked to by hyperlinks in the Streamray Inc. indices.
Streamray Inc. makes no warranties or guarantees that such files will be free from any viruses, worms, malicious code or other bugs that might harm your computer.
Streamray Inc. also assumes no responsibility for any content contained in such files that might infringe the intellectual property, copyright, or other proprietary rights of any third party. Rather, Streamray Inc. is simply providing automated search engines and link lists of such content as a service to you.
Streamray Inc. believes that it is important to protect the copyrights and other intellectual property and proprietary rights of others, including Photographers, publishers, recording artists and songwriters.
You agree by using, uploading, downloading, or interacting with the Streamray Inc. web site, search engines, and link lists that any and all disputes arising out of your using, uploading, downloading, or interacting with the Streamray Inc. web site, search engines, and link lists shall, to the fullest extent permitted by law, be resolved exclusively in the county of Clark and be governed by Nevada Law.
It is the policy of Streamray Inc. to respond to claims of intellectual property infringement in an efficient manner. Streamray Inc. will promptly process notices of alleged infringement transmitted via email service and will take appropriate actions under the Digital Millennium Copyright Act. Upon receipt of notices complying with the Digital Millennium Copyright Act (DMCA) via email or traditional mail, Streamray Inc. will remove or disable links to material claimed to be infringing.
DMCA Notices and Notices of claimed infringement and questions regarding use of Streamray Inc. service should be directed to Streamray Inc. registered agent for receiving such notices:
Streamray Inc.
6845 S. Escondido St.
Suite 105
Las Vegas, Nevada 89119
|
