TERMS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY
USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT
USE THE SITE.
Streaming Networks may revise these Terms at any time by updating this
posting. It is your responsibility to check these Terms of Use periodically
for changes. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes.
Ownership of Site
These Terms of Use apply to the Streaming Networks web Site located at
www.streaming-networks.com, and all associated sites linked to
www.streaming-networks.com by Streaming Networks, its subsidiaries and
affiliates (collectively, the “Site”). The Site is the property of Streaming
Networks Inc. (“Streaming Networks”).
Content and Use of the Site
The text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
“Content”), including but not limited to the design, structure, selection,
coordination, expression, ‘look and feel’ and arrangement of such Content,
contained on the Site is owned, or controlled by Streaming Networks, and is
protected by trade dress, copyright, patent and trademark laws, and various
other intellectual property rights and unfair competition laws. Any other
graphics, images, photographs, artwork, and depictions used on the web site
belong to their respective owners.
Except as expressly provided in these Terms of Use, no part of the Site and
no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any
way to any other computer, server, Web site or other medium for publication
or distribution or for any commercial enterprise, without Streaming
Networks’ express prior written consent.
You may use information on our products and services purposely made
available by Streaming Networks for downloading from the Site, provided that
you (1) not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any
networked computer or broadcast it in any media, (3) make no modifications
to any such information, and (4) not make any additional representations or
warranties relating to such documents.
Links to Other Sites and to the Streaming Networks Site
This Site may contain links to other independent third-party Web sites
(“Linked Sites”). These Linked Sites are provided solely as a convenience to
our visitors. Such Linked Sites are not under Streaming Networks’ control,
and we are not responsible for and do not endorse the content of such Linked
Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding your
interaction with these Linked Sites.
Disclaimers
THE MATERIALS (INCLUDING ALL Software) AND SERVICES AT THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. All information on this Site is subject to change
without notice. The materials at this Site might be out of date and
Streaming Networks makes no commitment to update the materials and services
at this Site. Applicable law may not allow the exclusion of implied
warranties, so this exclusion may not apply to you.
Limitation of Liability
Except where prohibited by law, in no event will Streaming Networks be
liable to you for any indirect, consequential, exemplary, incidental or
punitive damages, including lost profits, even if Streaming Networks has
been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Streaming
Networks is found to be liable to you for any damage or loss which arises
out of or is in any way connected with your use of the Site or any Content,
Streaming Networks’ liability shall in no event exceed US$40.00. Some
jurisdictions do not allow limitations of liability, so the foregoing
limitation may not apply to you.
Indemnity
You agree to indemnify and hold Streaming Networks, its owners, members,
managers, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees), made against Streaming
Networks by any third party due to or arising out of or in connection with
your use of the Site.
Applicable Law and Jurisdiction
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States
and by the laws of the State of California without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction by and venue in
the state and federal courts in Santa Clara County, California, and waive
any objection to such jurisdiction or venue. Any claim under these Terms of
Use must be brought within one (1) year after the cause of action arises, or
such claim or cause of action is barred. No recovery may be sought or
received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys’ fees. In the event
of any controversy or dispute between Streaming Networks and you arising out
of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable to
resolve any such dispute within a reasonable time (not to exceed thirty (30)
days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the
parties shall be free to pursue any right or remedy available to them under
applicable law.
Void Where Prohibited
Streaming Networks administers and operates the www.Streaming-Networks.com
Site from its location in Santa Clara, California USA; although the Site is
accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are available to all
persons or in all geographic locations, or appropriate or available for use
outside the United States. Streaming Networks reserves the right to limit,
in its sole discretion, the provision and quantity of any feature, product
or service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you choose
to access the Site from outside the United States, you do so, on your own
initiative and you are solely responsible for complying with applicable
local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation
of such Content, or any product or service offered on the Site, in violation
of any applicable laws or regulations.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full force and
effect. These Terms of Use constitute the entire agreement between you and
Streaming Networks with regard to your use of the Site. Streaming Networks will not accept any
counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. Streaming Networks’ failure to insist on or enforce
strict performance of these Terms of Use shall not be construed as a waiver
by Streaming Networks of any provision or any right it has to enforce these
Terms of Use, nor shall any course of conduct between Streaming Networks and
you or any other party be deemed to modify any provision of these Terms of
Use. These Terms of Use shall not be interpreted or construed to confer any
rights or remedies on any third parties.
Streaming Networks respects your privacy and is committed to protecting the
personal information that you decide to share with us when you visit our web
site. The purpose of this policy statement is to explain the type of
information that we collect from visitors to our website, how we collect it,
what we use it for and how visitors can restrict the use or disclosure of
personally identifiable information.
Information that we collect
We only obtain personal information that you voluntarily and knowingly
provide. To measure the performance of and continually improve our website,
we do, however, collect some generic information about our visitors. This
information may include: your IP address, browser type, operating system,
domain name, access times and referring Web site addresses. We aggregate
this information and use it for the operation of the website, to improve
quality and performance of the website and to provide general statistics
regarding use of Streaming-Networks.com.
We may collect personally identifiable information through this website and
Streaming Networks is the sole owner of such information. Personal
information includes any information that may be used to identify you,
including, but not limited to, a first and last name, email address, a home,
postal or other physical address, birth date, gender, occupation,
demographic data, industry, personal interests and potentially other
information when needed to provide a product or service you request. You may
choose to provide personal information to us in a variety of ways through
our website, including:
• Registering or requesting information about our products;
• Registering a Streaming Networks product that you have purchased;
• Sending us email; or
• Submitting a support request.
In each of the instances above, we may ask for some or all of the personal
information described above. When personal information is collected, we will
inform you at the point of collection the purpose(s) for which it is to be
used. If we ever ask for significantly different information we will inform
you. In addition, we will clearly identify personal information that is
required versus optional information.
Information Use, Sharing and Disclosure
When visitors supply information about themselves for a specific purpose, we
use the information for that purpose (such as to provide the information the
visitor has requested). When visitors use our website to order products, or
to request information about them, we may use the individual information as
we would use the same information obtained off-line - for example, to
evaluate your needs and contact you regarding additional products,
information or services that we believe you may find useful. You have the
right to choose not to receive this information by notifying us of your
preference.
We do not sell individual information obtained on-line about our visitors.
And, we will not disclose the personal information you provide to us via the
website to parties unaffiliated with Streaming Networks unless you
specifically authorize it, we believe it is reasonably required by law or we
believe that disclosure is reasonably required to protect the safety of
customers, employees or property.
Streaming Networks uses a variety of third party contractors to perform
services such as website management and hosting, online product purchases
and shipping, credit card processing and email marketing. In such instances,
your personal information may be shared with these agents or contractors but
only for the purpose of performing services on behalf of Streaming Networks
and in accordance with this privacy policy. In addition, if Streaming
Networks gets acquired by another company, your personal information will,
in most instances, be part of the assets transferred to the successor
company.
We will always give you the opportunity to "opt out" of receiving direct
marketing or market research information. This means we assume you have
given us your consent to collect and use your information in accordance with
this policy unless you take affirmative action to indicate that you do not
consent, for instance by clicking or checking the appropriate option or box
at the point of collection. In some cases, when applicable, we will provide
you with the opportunity to "opt in." This means we will require your
affirmative action to indicate your consent before we use your information
for purposes other than the purpose for which it was submitted.
Cookies and Tracking Technology
A cookie is a small data file that some Web sites write to your computer
hard drive when you visit the site. We use both session ID cookies and
persistent cookies. For the session ID cookie, once a visitor closes the
browser, the cookie simply terminates. A persistent cookie is a small text
file stored on the user's hard drive for an extended period of time.
Persistent cookies can be removed by following Internet browser help file
directions. A cookie file can contain information such as a user ID that the
site uses to track the pages you've visited, but the only personal
information a cookie can contain is information you supply yourself. Some
parts of Streaming Networks' website use cookies to track user traffic
patterns. We do this to determine the usefulness of our website information
to our users and to see how effective our navigational structure is in
helping users reach that information. In addition, we use cookies as
necessary to perform functions specific to a visitor, such as purchasing a
Streaming Networks product or submitting a support request.
If you prefer not to receive cookies while browsing our website, you can set
your browser to warn you before accepting cookies and refuse the cookie when
your browser alerts you that a cookie is present. You can also refuse all
cookies by turning them off in your browser, although you will not be able
to take full advantage of Streaming Networks' website if you do so. In
particular, you will be required to accept cookies in order to complete
certain actions on our website, such as ordering a product or submitting a
support request.
Email
Streaming Networks does not send unsolicited junk email (spam). We may use
email to communicate with our visitors, to respond to visitors' emails, to
confirm orders placed online, and to send information that a visitor has
requested. If you receive an unwanted email from us, you can reply to the
email to ask not to receive future emails. Streaming Networks provides an
unsubscribe function in its email campaigns in order for subscribers to opt
out of further email communications from us.
Third Party Sites
Streaming Networks uses a variety of third party contractors for the
purposes of performing services. In such instances, your personal
information may be shared with these agents or contractors but only for the
purpose of performing services on behalf of Streaming Networks and in
accordance with this privacy policy.
Updating your information
If you have previously provided us with personal information, you may
access, correct, and update information by visiting our site and utilizing
our support application. The Support area of the site contains links by
which users can send in informational updates and corrections.
Notice of changes to this policy
Streaming Networks will update this privacy policy statement from time to
time. When we do, we will revise the "last updated" date at the bottom of
this page.
By law
copyrighted audio and video may not be without the permission from the
copyright holder. It is illegal to record from DVDs or other copyrighted
works that you do not own. Please do not duplicate copyrighted works if you
do not own the original. Copyright laws vary from country to country; you
should check your country's copyright laws before recording any copyrighted
works.
Trademarks
Streaming
Networks, the Streaming Networks logo, iRecord®, and the iRecord®logo are trademarks or registered trademarks of Streaming
Networks Corporation or its affiliates. Apple®, iPhone®, iPad®, iPod Touch® iPod®, iTunes®, QuickTime®, and
Mac® are trademarks or registered trademarks of Apple Inc.; Windows is
trademark or registered mark of Microsoft Corporation; Sony, PSP, Walkman
and Memory Stick are trademarks or registered trademarks of Sony Corporation
or its affiliates; and TiVo is a registered trademark of TiVo Inc.
Blackberry is a registered trademark of Research In Motion Limited. Samsung
Galaxy S3, Note, Note II are registered trademark of Samsung. All other
company and product names referenced on this site are the trademarks of the
respective owners.
Privacy Policy for iOS and
Android Applications iOS and Android applications (“Software”) developed by Streaming
Networks Inc. (“Streaming Networks”) do not directly collect, store or track
any user data. To the best of Streaming Networks knowledge any software
libraries that Software uses for its functionality do not collect, store or
track any personal data. Streaming Networks, however, is not liable for any
claim, damages, or other liability in connection with any software
libraries/packages that may be used in the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH USE OF THE SOFTWARE
General privacy policy of
Streaming Networks is provided separately under the heading “Privacy”
Any changes SN may make to this policy in the future will be posted here.
Please check back frequently to see any updates or changes to this policy.
If you
have any questions regarding this policy, please contact us at
1659 Scott Blvd. Suite 255
Santa Clara, CA 95050, USA
