If You do not agree to be bound by these Terms of Service, please discontinue using the Service. With these Terms, You have been provided with enough relevant information regarding the Service and its use, which allows You to make Your independent choice whether to accept the Terms or not.
Your online registration is considered as a request from You to use the Service, however we reserve the right to deny Your request. If we accept Your request, we will provide You with access to the Service.
This Agreement sets forth the terms and conditions of User’s (“User”, “You”) use of StreamVibe, provided by StreamVibe (“We”, “Us”).
1.1. Content shall mean but it is not limited to URLs, Tweets, Facebook posts, images, videos, audio clips, written posts and comments, information, data, text, web pages, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through NN.
1.2. Cookie shall mean a string of data our system sends to User`s computers and then uses to identify User`s computer when they return to NN.
1.3. Intellectual Property Rights shall mean all intellectual property rights, including patents, trademarks, trade name, service mark, copyright, trade secrets, know-how, process, technology, development tool, ideas, concepts, design right, domain names, moral right, database right, methodology, algorithm and invention, and any other proprietary information (whether registered, unregistered, pending or applied for).
1.4. Personal data, Personal information shall mean any information that identifies an individual user or that could be used to contact or locate the user.
1.5. StreamVibe shall mean StreamVibe, and any affiliated organizations.
1.6. Service, NN shall mean the StreamVibe website and networking platform enabled by us. The Service includes such features as are set forth on http://streamvibe.com/ website, as we may change such features from time to time, in our sole discretion.
1.7. User, You shall mean all persons using the Service for all types of usage of the NN service and/or website. It refers to both a registrant of this Service and visitors of the website.
1.8. Website shall mean a set of related webpages containing pictures, video, texts and/or other digital resources available under Uniform Resource Locator (URL) in an IP based network.
1.9. We, us, the Service Operator shall mean DCore Systems SA, a company registered address: Rue César-Soulié 5, 1260 Nyon, Switzerland under federal identification number CH-550-1102950-6.
2.1. The NN platform membership is not available to the general public and requires an existing StreamVibe membership. Only StreamVibe members are expected to register to the NN.
2.2. While some features of NN are available to unregistered users, for broader access to NN You must register with NN by creating a membership account. Upon registration You will be providing us with Your personal data. By providing such information, You permit us to communicate with You through third party social network accounts that You authorize through NN.
2.3. We may also use the information that You make available to us through Your profile and accounts to customize Your experience on NN. You can always accept, reject or ignore our recommendations.
2.4. By having a membership account in NN, You acknowledge that You meet our requirements for membership. As a member, You may not have more than one membership account, nor may You open an alternative account if Your membership is suspended, shifted outside of NN, or terminated for any reason. You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally Yours. If an account violates these conditions, the account will be terminated immediately.
2.5. You shall be liable for the acts of each third party that has access or uses NN based on Your membership. We shall be entitled to consider that the use of Your user name and/or password is conclusive evidence that You have accessed or used the Service based on your membership.
2.6. Misleading or false information that You provide about Yourself may lead to termination of Your account by us.
2.7. You may not use a pseudonym or alias.
2.8. Minors are not allowed to register for the Service. You must be at the age of 18 or older in order to register for the Service.
2.9. We reserve the right to change or adjust membership criteria and to make changes in the existing membership at any time and without prior notice.
3. Provision and Use of Service
3.1. We shall not be responsible for the purchase and/or correct functioning of Your infrastructure or that of third parties.
3.2. Except where agreed otherwise in writing, You shall be responsible for the use of the Service.
3.3. We shall deal with properly substantiated requests for support within a reasonable period of time. We cannot guarantee the accuracy, completeness or timeliness of responses or support provided. Support shall only be provided on working days during our standard business hours.
3.4. We shall not be obliged to have backup facilities. We shall not be obliged to carry out data conversion.
3.5. We shall provide all services on the as-is basis.
3.6. We may continue to provide the service using a new or amended version of the software. We shall not be obliged to maintain, change or add certain features or functionalities of the service or the software specifically for the Users.
3.7. We may temporarily suspend the service in full or in part for the purpose of carrying out preventive, corrective or adaptive maintenance.
3.8. You agree to receive notifications, as well as unsolicited commercial emails sent by us in order to be supplied with information regarding products and services, related to NN. By accepting these Terms, You declare Your consent to receive such unsolicited commercial messages.
3.9. All hardware, software and items used by us in providing the service shall remain our property or intellectual property, even if You pay a fee.
3.10. Nothing in this agreement shall be construed to as to grant by implication or otherwise any license or permission to You to receive, change, modify or use the source code of the software used for the Service.
3.11. By using NN You understand and agree that we, as an agent on Your behalf, may access Content from third party websites and services so that it is available to You through NN, and You give us explicit permission to do so.
4. Premium Services
4.1. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to NN storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that NN’s Premium Services are subject to these Terms and any additional terms related to the provision of the Premium Service.
5. Restrictions on use
5.1. You shall use the services only for purposes that are allowed by this agreement and the applicable legislation.
5.2. You shall not to use or permit use of the services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may:
menace or harass any person or cause damage or injury to any person or property,
involve the publication of any material that is false, defamatory, harassing or obscene,
violate privacy rights or promote bigotry, racism, hatred or harm,
constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters,
constitute an infringement of intellectual property or other proprietary rights, or
otherwise violate applicable laws and regulations.
5.3. We reserve the right to remove any content posted by You or other users on our sole discretion for reasons including but not limited to the above. In addition to any other rights that we have under the agreement, we reserve the right to terminate the account immediately in case You publish any material that violates the foregoing restrictions. We shall have no liability to You in the event that we take such action.
5.4. We shall not be obliged to monitor the content of the NN website and we shall not be liable for any material that You may disagree or find objectionable.
5.5. You shall not use NN for commercial purposes, unless authorized with our written consent. If You wish to use NN for commercial purposes, please contact us at the contact information provided at http://streamvibe.com/.
5.6. You may not monitor, data-mine, or copy our web pages or any content within the NN, nor collect, archive, trade or sell any personal data or communications about other users.
5.7. You may not distribute, display or publish in any form, electronic or print, any content from the NN website or the names of any users without our express consent, nor can You share, transmit or sell any content on the NN website with anyone who is not a NN user, for whatever reason.
5.8. The use of any robot, spider, site search or retrieval application, or any other device to copy, retrieve, archive or index any portion of NN, is not permitted.
5.9. You may not use the Service in a way that harms our reputation or the reputation of StreamVibe.
6.1. Except as specifically provided in this section (“Warranties”) we hereby disclaim with respect to all services, support or other deliverables provided under the Service, all express and implied warranties, including any implied warranties of merchantability, title, accuracy, quality, integration, non-infringement, or fitness for a particular purpose. We do not warrant that the service shall operate without interruption or be error free.
6.2. We do not guarantee that the software used for the service is free of defects and shall operate without interruptions.
6.3. You acknowledge that we do not control the transfer of data over communications facilities, including the internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
6.4. We shall not be responsible for the content submitted by You through Your use of the service.
6.5. The services may enable You to access links to NN websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We are not responsible for any third party websites or third party content provided on or through the services and You shall bear all risks associated with the access and use of such websites and third party content, products and services.
7. Processing of Personal Data / Collection of Personal Data
7.1. We respect Your privacy and we are committed to protecting the personal information You provide to us. We collect Your Personal Information so that we can respond to Your requests, which may include, for example, registering Your account, providing services You have asked for, providing You with access to certain features of the NN, processing Your orders, adding You to email lists, registering You for events, participating in an online survey, participating in discussion groups or forums, collaboration efforts, or for marketing activities related to the Service. You however own all Your information.
7.2. Information we collect include name, postal or e-mail address, telephone number, occupation, or personal interests. We may collect further information from You, such as credit card details, only if permitted by You or needed for the performance of a service You have requested.
7.3. By agreeing to use our Service, You explicitly agree to have Your personal data collected and processed by us and You consent to provide accurate and truthful information. You also declare that You have been informed about the type of personal data we collect and process and about the purposes it will be used for, as well as about Your rights to access, correct, amend or delete Your personal data.
Use of personal data
7.4. We use Your Private Data to provide the ability to create Your account, to process Your requests, to communicate with You about the services You asked for, to offer You additional services and events – this may occasionally include information from other companies about products and services that can add value to You related to Your use of the Service, to bill You, to provide You with service support, to provide contest or other promotional activities, and generally to meet contract obligations. We may use Your information to create aggregated statistical information which is anonymous, as well as to perform statistical analysis. We may also use that information to the extent necessary to enforce our Terms and to prevent imminent harm to persons or property.
7.5. You have the right to refuse your personal data to be used by us for commercial, advertising or marketing purpose. Should you wish to refuse your data to be used by us for commercial, advertising or marketing purposes, please contact us at the contact information provided at http://streamvibe.com/.
7.6. We use “cookies” to collect certain information from all users, including NN website visitors who do not use any specific service from the NN.
7.7. Cookies provide us with usage data we may use to personalize Your experience and track user traffic patterns. For instance, when You return to the NN, cookies identify You and prompt the site to provide Your username (not Your password), so You can sign in more quickly. Cookies also allow NN to remind You of Your past activities and to suggest similar services and events. Finally, we use information gained through cookies to compile statistical information about use of the Service, such as the time users spend at the site and the pages they visit most often. Those statistics do not include Personal Information.
Protection of personal data
7.9. We protect personal data against accidental or unlawful destruction, loss, alteration and disclosure. We safeguard the security of the data You send us with industry-standard physical, electronic, and managerial procedures. When appropriate, the Service uses SSL-encryption to enhance the security of sensitive data transmissions. Inside, data is stored in controlled servers with limited access. Your information may be stored and processed in certain locations where we are located in strict compliance with applicable EU Privacy and Data Protection legislation.
Third party access to personal data
7.11. We shall not disclose Your personal information to third parties without Your explicit consent. Your personal data will only be disclosed according to Your preferences and settings, except for the exclusions set out in these Terms.
7.12. We may however disclose to attorneys, collection agencies, Customs and other government authorities, or law enforcement authorities to address potential violations, other contract violations, or illegal behavior. We may also disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property.
7.13. As noted above, we compile website usage statistics from data collected through cookies. We may publish those statistics or share them with third parties, but they do not include Personal Information.
7.14. We cannot be held liable should You disclose Your personal data to third parties through the Service. We cannot be held liable should content You have posted on NN that is viewable by other users, be accessed, viewed, copied or distributed elsewhere.
Accessing and Correcting Your Personal Data
7.15. You can access, correct, amend or delete any Personal Information we store through Your “My Account” page.
8. Intellectual property rights
8.1. All intellectual property rights to the software, websites, data files, hardware or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed or made available to You on the basis of these Terms, excluding Your Content, shall remain exclusively vested in us, our licensors or our own providers. You shall only acquire those rights of use that are explicitly granted in these general terms and conditions and by law. Any rights of use granted to You shall be non-exclusive, non-transferable to third parties and non-sublicensable.
8.2. You shall not be permitted to remove or amend any details in relation to copyrights, brand names, trade names or any other intellectual property right from the software, websites, data files, hardware or materials.
8.3. We reserve the right to install technical provisions for the purpose of protecting the software, hardware, data files, websites and similar in relation to an agreed restriction on the content or the term of the right to use these objects. You shall under no circumstances be permitted to remove or circumvent such technical provisions or to arrange for this to be carried out.
8.4. All Content added, created, uploaded, curated, submitted, distributed, or posted to NN by You, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of You (the user who originated it).
8.5. You agree that all Content accessed by You using NN is at Your own risk and You will be solely responsible for any resulting damage or loss to You or any other party.
8.6. When You delete Your User Content, it will be removed from Your account. However, You understand that:
certain User Content will remain available, any of Your User Content that has been re-posted will not be removed and will continue to be used in accordance with these Terms, and any removed User Content may persist in backup copies for a reasonable period of time.
8.7. By submitting User Content through NN, You grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, transmit, stream, display, and perform the User Content in connection with the Service and our (and its successors and assigners) business, including without limitation for promoting and redistributing part or all of the Service, Content posted on NN, and derivative works thereof, or in any media formats and through any media channels, including, without limitation, through email, third party websites, application programming interfaces (APIs) and other types of feeds.
8.8. You grant each user of NN a non-exclusive license to access, use, download, store, transmit, stream, display, perform and print Your User Content through the Service, and to use, comment on, reproduce, distribute, display and perform such User Content.
8.9. You represent and warrant that You have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
8.10. We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any User Content posted on NN, nor do we endorse opinions expressed in the NN.
8.11. The Service contains Content specifically provided by us or other content providers and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through NN.
8.12. Subject to these Terms, we grant each user of NN a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, download, store, display and print the Content.
8.13. We or third party services may place additional limits on Your ability to download, store, display and print the Content.
8.14. You shall not be allowed to use the NN name or logo for any purpose, event or promotion without our express written consent.
8.15. We may also offer software applications, widgets, plugins, etc. (“Applications”) that You can download and use. With respect to those downloaded Applications, the following additional terms apply.
8.16. Subject to Your compliance with the terms and conditions of these Terms, we grant to You a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install our Applications on devices that You own and control and run such copy(ies) of our Applications solely for Your personal use. We reserve all rights, including any copyright and patent rights, in our Applications not expressly granted to You in these Terms.
8.17. You shall not
copy or modify our Applications, including, but not limited to adding new features or otherwise making adaptations that alter the functioning of the transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of our Applications to any third party; or
make the functionality of our Applications available to multiple users through any means, including, but not limited to distribution of our Applications or by uploading an Applications to a network or file-sharing service or through any hosting, application services provider or any other type of service. You will comply with any technical restrictions in our Applications that allow You to use the Application only in certain ways.
8.18. We are not obligated to maintain or support our Applications, or to provide You with updates, upgrades or services related thereto. You acknowledge that we may from time to time in its sole discretion issue updates or upgrades to the Applications, and may automatically update or upgrade the version of the Applications that You are using. You consent to such automatic updating or upgrading of our Applications, including on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such updates or upgrades.
9.1. You hereby agree to indemnify us, including our employees, directors, agents and consultants against any damages, actions, losses, costs, charges, expenses, proceedings and claims brought upon us as a result of Your use of the Service provided, or in case of a breach of this Agreement.
9.2. Where a case of infringed Third Party intellectual property rights arises from Your actions, You shall, at Your own expense, resolve the issue by either obtaining a license, or a right of use, or remove from NN any copyrighted materials.
10.1. You may terminate Your account at any time without cause, penalty or explanation.
10.2. We may, at our discretion and with or without cause, immediately terminate Your member account and all access to the NN website without prior notice. Any account termination by us may take into account our business interests or those of the StreamVibe community as a whole.
10.3. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of Your membership. We will not be liable to You or any third-party for the termination of Your member account. If Your account is terminated, You may not reenter NN without our express permission.
11. Limitation of liability
11.1. In no event shall we, our affiliates nor any of their respective directors, employees, contractors, agents, partners, suppliers, representatives or content providers, be liable under contract, strict liability, negligence or any other legal or equitable theory with respect to the Service
for any lost profits, data loss, cost of procurement of substitute goods or services, or special, direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising); or
for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
11.2. Notwithstanding the foregoing, under no circumstances shall such liability exceed any damages in excess of EUR 100.
11.3. You shall be liable for the content created, managed and made accessible on NN by You in the course of use of the Service. We shall not be liable in respect of the content created, managed or made accessible by You and the way it is used.
11.4. The provisions of this article and all other restrictions and exclusions of liability referred to in these Terms shall also apply in favor of all persons that we engage to execute the agreement.
12. Applicable Law
12.1. The agreement shall be governed by the laws of Switzerland without reference to conflict of laws principles. Any dispute that may arise in relation to this Agreement shall fall under the jurisdiction of Switzerland and shall be resolved within that jurisdiction.
13. Force Majeure
13.2. We shall not be obliged to meet any obligations under these Terms if we are prevented from doing so as a result of force majeure. Force majeure shall include events and occurrences for reasons beyond our control such as but not limited to fire, flood, earthquake, war, strikes and lock outs, inability to obtain raw materials, any unpredictable service provision problem and any other unforeseeable and/or unavoidable event.
14. Modification to the Terms
14.1. We may modify this agreement at our sole discretion by posting a revised version at http://streamvibe.com/. The revised agreement is effective immediately unless we expressly state otherwise. Continued use of the Service by You constitutes acceptance by You of the revised agreement. It is the responsibility of each User to regularly check the posted agreement for changes.
14.2. If You do not accept the revised agreement, You may terminate Your account at any time without cause, penalty or explanation.
15.1. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
16. Entire Agreement
16.1. This is the entire Agreement between You and us. This Agreement supersedes all prior agreements and/or negotiations, regardless whether oral or in writing.