Website Terms of Use, Restrictions, Legal Notices
and Online Privacy Policy
Introduction: Agreement
streamSerf, Inc. welcomes you to its Web Site (the "Site"). By accessing this Site, you agree to be bound by these terms and conditions that govern your use of our Site (the "Agreement"). If you do not agree to these terms and conditions, please do not use the Site.
We may from time to time change the terms and conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may change, move, delete portions of, or may add to, our Site from time to time. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on this Site.
Copyright
This site Copyright© streamSerf, Inc., All rights reserved.
This site has been published since 2007 and is continuously updated and revised. Except as specifically permitted herein, no portion of the Materials (as defined below) posted on this Site, including but not limited to editorial and pictorial content, may be reproduced in any form or by any means without prior written permission from streamSerf, Inc. Please contact streamSerf to obtain such permission.
Trademarks
All pages on this Site, including the stylized logo, splash screen and all page headers, custom graphics and button icons are the service marks, trademarks, and/or trade dress (collectively, "Marks") of streamSerf, Inc. or other third parties. streamSerf, Inc.'s owned or administered Marks include, but are not limited to streamSerf, Inc., streamSerf, Inc.'s logo, "making music count". You are not permitted to use the Marks without the prior written consent of streamSerf, Inc., unless otherwise permitted herein, or by such third-party that may own the Marks.
Reporting Third-Party Posting of Infringing Material on Website
If you believe a third party has posted material that infringes your copyright through any streamSerf, Inc. portal that permits the posting of third-party content, you must report such claimed infringement to streamSerf, Inc.'s copyright agent. If you believe a copyright infringement notice has been wrongly filed with streamSerf, Inc.'s copyright agent against you as a result of a mistake or misidentification, you should file a counter notification with streamSerf, Inc.'s copyright agent. The following sets out the required content of a notification of infringement and counter-notification under the Digital Millennium Copyright Act.
* Notification of Claimed Copyright Infringement
* Counter Notification to Claimed Copyright Infringement
* Policy Regarding Repeat Infringers
* streamSerf, Inc. Copyright Agent Contact Information
Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been used and made available through the streamSerf, Inc. website in a manner that constitutes copyright infringement please provide notice to streamSerf, Inc.'s copyright agent, the contact information for whom is set forth below.
As required by the Digital Millennium Copyright Act of 1998 ("DMCA"), this notice must include the following information (see 17 U.S.C. 512(c)(3)):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
* A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter Notification to Claimed Copyright Infringement
If you believe that a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Copyright Agent, the contact information for whom is set forth below. As required by the DMCA, the counter notification must include the following information (see 17 U.S.C. 512(g)(3)):
* A physical or electronic signature of the subscriber;
* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
* A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
* The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Repeat Infringers
streamSerf, Inc. respects the intellectual property rights of others, is committed to complying with U.S. intellectual property laws including the DMCA, and will terminate all users who are repeat infringers of intellectual property laws.
streamSerf, Inc. Copyright Agent
Eric D. Bull
Attorney At law
Telephone: (612) 354-3644
Fax: (612) 354-3645
Email: ericb@streamserf.com
General Use Parameters and Restrictions
Unless otherwise noted, all materials, including databases, charts, images, illustrations, designs, icons, photographs, audio clips, video clips, news articles, documents, products, software (including source codes), services and written and other materials that are part of this Site (collectively, the "Materials") are copyrights, trademarks, trade secrets, trade dress and/or other intellectual properties owned by, controlled by or licensed to streamSerf, Inc. or third parties (other than streamSerf, Inc., "Third-Party Providers"). Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of streamSerf, Inc. or the Third-Party Provider. No part of the Site, including logos, graphics, sounds, images, layout or design may reproduced or retransmitted in any way, or by any means, without the prior express written permission of streamSerf, Inc.. You also may not, without streamSerf, Inc.'s prior express written permission, "mirror" any Material contained on this Site on any other server. Any use of these Materials on any other Web site or networked computer environment for any purpose is prohibited.
Nothing on this Site shall be construed as conferring any license under any of streamSerf, Inc.'s or any Third-Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, patent and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Special Use Conditions and Restrictions Regarding Sample Reports and Third Party Data
Description of Sample Reports
streamSerf, Inc. created Sample Reports in 2007 as a useful tool for music and radio professionals to "test-drive" our products and services on our website.
The report itself is covered by copyright and may not be used without permission. The underlying data in Sample Reports is acquired or provided by third parties and streamSerf makes no claim as to the accuracy or validity of data which has been provided by others. Any reuse, reproduction or other commercial use of third party data obtained from this site is not authorized by streamSerf, inc. and you agree to hold streamSerf harmless from any claims, damages, suits as a result of your use of any third party data contained herein.
Disclaimer
The information contained in the Database is updated continuously. The information contained has been supplied to streamSerf, Inc. by various sources and streamSerf, Inc. makes no representations as to its accuracy. streamSerf, Inc. specifically disclaims any liability for any loss or risk which may be incurred as a consequence, directly or indirectly, of the use or application of any information provided in the Database, or for any omission in the Database.
Access through this Site to the streamSerf, Inc. database information is subject to this Site's terms and conditions of use. Your access through the site indicates your agreement to be bound by these terms and conditions that govern your use of this Site. These terms and conditions include the express prohibition against hacking into, downloading or attempting to download the database, which is made available as an information resource only. If you do not agree to these terms and conditions, please do not use the Site.
Use of Software
The Software and accompanying documentation that may be made available to download from this Site from time to time are the copyrighted work of streamSerf, Inc. and/or third parties. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with such Software. You will not be able to download or install any Software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you will not be able to use the Software.
Submissions & Third-Party Content Disclaimer
You agree that nothing submitted by you to the Site shall contain any content which: a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; or, e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively, "Non-Approved Material"). You acknowledge that you are responsible for the Materials that you submit, and you, not streamSerf, Inc., have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
Materials provided by Third-Party Providers have not been independently authenticated in whole or in part by streamSerf, Inc.
streamSerf, Inc. does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by streamSerf, Inc..
Anything submitted that is of a threatening or libelous nature on this Site which might be considered a violation of any law may require streamSerf, Inc. to report and fully cooperate with any law enforcement authorities or a court order requesting or directing streamSerf, Inc. to disclose the identity of anyone submitting any such Materials.
Disclaimer
This Site and the Materials contained herein are provided on an "as is" basis. streamSerf, Inc. makes no representations or warranties, either express or implied, of any kind with respect to this Site or its contents. streamSerf, Inc. disclaims all such representations and warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In addition, streamSerf, Inc. does not represent or warrant that the information accessible via this Site is accurate, complete or current. You acknowledge, by your use of the Site, that your use of the Site is at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that streamSerf, Inc. shall not be liable for any damages of any kind related to your use of this Site. Price and availability information is subject to change without notice.
This Site could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this Site. streamSerf, Inc. may make improvements and/or changes in the Material(s), product(s) and/or the program(s) described in this Site at any time without notice.
This Site is based in the United States but can be accessed from other countries around the world and may contain references to streamSerf, Inc., streamSerf, Inc. licenses, services, products, and programs that have not been announced in your country. These references do not imply that streamSerf, Inc. intends to announce such licenses, services, products, or programs in your country.
Indemnity
Except as specifically stated on this Site, neither streamSerf.com, streamSerf, Inc. nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. You agree to defend, indemnify and hold harmless streamSerf, Inc. and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your use or related to your use of the Site or your breach of any of the foregoing agreements, representations, and warranties contained herein.
External Links from the streamSerf, Inc. Site - Generally
This Site may contain links to third-party Web sites, which are not under the control of streamSerf, Inc.. streamSerf, Inc. makes no representations of any kind regarding the content or appropriateness of content on such sites, and you hereby irrevocably waive any claim against streamSerf, Inc. with respect to such sites. When you access a third-party Web site from this Site, you leave this Site and you do so at your own risk. streamSerf, Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these other Web sites. streamSerf, Inc. permits or provides these links merely as a convenience. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third-party service or resource. streamSerf, Inc.'s webmaster (webmaster at streamSerf.com) would appreciate being copied on any complaint or concern expressed to a third-party site linked to this Site so that it can be determined whether any action should or can be taken from this Site which might respond to your complaint or concern.
The fact that a third-party Web site has linked itself to this Site or that this Site has provided a link to another Web site does not constitute a waiver of any rights that streamSerf, Inc. may have to license that other Web site in connection with the products and services of streamSerf, if that site is not otherwise licensed by streamSerf, Inc.
Websites Seeking to Link
If you would like to link to streamSerf, Inc.'s Site, please read and comply with the following guidelines and all applicable laws. A Website that links to streamSerf, Inc.'s Site:
* May link to, but not replicate, streamSerf, Inc.'s content.
* Should not create a browser or border environment around streamSerf, Inc.'s content.
* Should not imply that streamSerf, Inc. is endorsing it, its products, or any political, social or commercial position or statement.
* Should not misrepresent its relationship with streamSerf, Inc., its customers, officers, directors, employees, successors or assigns.
* Should not present false information about streamSerf, Inc., its products, services or activities.
* May use the streamSerf, Inc. Logos/Licensed Marks displayed on this Site in connection with the link to streamSerf, Inc.'s Site and only pursuant to Conditions for Use of streamSerf, Inc. Logos
* Should not be a Web site that infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks, violating any law or advocating illegal activity.
* Should not be a Web site that contains content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
streamSerf, Inc. expressly reserves the right to request that any link to streamSerf, Inc.'s Site be removed and to undertake whatever other action it deems appropriate.
No Endorsements
No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site, nor does the inclusion of such links imply that streamSerf, Inc. endorses or accepts any responsibility for the content or uses of such linked Web sites.
Sales of Products and Services from this Site
You assume full responsibility for your use of the site and any products and services associated with this site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all products and services. You understand that, except for information, products or services clearly identified as being supplied directly by streamSerf, Inc., all merchandise, information and services offered or otherwise made available or accessible through this Site are offered or made available or accessible by third parties who are not affiliated with streamSerf, Inc., but who have contracted to fulfill any orders placed with them for the merchandise being ordered. If you are dissatisfied with the merchandise ordering service or with any terms, conditions, rules, policies, guidelines, or practices of streamSerf, Inc. in sponsoring this service, your sole and exclusive remedy is to discontinue using the service. Nonetheless, streamSerf, Inc.'s marketing and advertising department would appreciate hearing from you should you have any complaints or concerns about these services; please address such comments to streamSerf, Inc.'s marketing department at marketing at streamSerf.com. streamSerf, Inc.'s marketing department would also appreciate hearing from you if you have any other product suggestions that you would like to see offered.
Products, services, and programs posted on this Site may not be available in your country. References to any product, service or program do not imply that streamSerf, Inc. or the vendor, as the case may be, will make available such products, services or programs in your country. The prices displayed at the Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States.
Privacy Policy Generally
streamSerf, Inc. is committed to respecting your privacy and recognizes your need for appropriate protection and management of personally identifiable information that you may share with streamSerf, Inc. (i.e., any information by which you can be identified, such as name, address, and telephone number).
In general, you can visit streamSerf.com without telling us who you are or revealing any personal information about yourself. We may at times track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.
However, there may be times when we seek to collect personal information from you. It is our intent to inform you before we do that and to tell you what we intend to do with the information. You will have the option not to provide the information, and in the future you will be able to "opt out" of certain uses of the information. If you choose not to provide the information we request, you can still visit most of streamSerf.com, but you may be unable to access certain options, offers, and services or certain secure pages.
streamSerf, Inc. may selectively provide certain information to other companies or organizations whose products or services we think may interest you. If you do not want the information you provide to streamSerf, Inc. to be shared with other companies and you indicate this preference when you provide the information to streamSerf, Inc., we will honor your preference.
streamSerf, Inc. is not responsible for the content or privacy practices of third-party Web sites to which this Site may link or may be linked.
If you have any comments or questions regarding our privacy policy, please contact our webmaster at webmaster at streamSerf.com.
streamSerf, Inc. Privacy Policy for Licensees or Members
streamSerf, Inc. will not use the personal information given on-line by applicants for streamSerf.com licenses or membership for any purpose other than the processing of the applicants' applications. If an applicant is accepted for membership, we will handle his, her or its' personal information as we do all streamSerf, Inc. customers' personal information, using it only in furtherance of communications ordinarily exchanged with or engaged in with our customers.
Privacy With Respect to 18 and Under
* streamSerf, Inc.'s practices comply with the Children's Online Protection Rule of the Federal Trade Commission.
* Please note that any e-mail submitted from our "Contact Us" section will only be used for responding to inquiries, and the addresses and personal information in those e-mails will not otherwise be collected or used for any purpose than replying to your inquiry.
* streamSerf, Inc. encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on this Site.
* No information should be submitted to or posted at streamSerf, Inc.'s Site by guests under 18 years of age without the consent of their parent or guardian.
* Unless otherwise disclosed during collection, streamSerf, Inc. does not provide any personally identifying information, regardless of its source, to any third-party for any purpose whatsoever.
* No information collected from guests under 18 years of age is used for any marketing or promotional purposes whatsoever, either inside or outside streamSerf, Inc., assuming streamSerf, Inc. is aware that the Site visitor is under 18 years of age.
* Guests' e-mail addresses are never posted on streamSerf, Inc.'s Site.
Cookies
In order to improve our Site, streamSerf.com may use "cookies" to track your visit to the Site. A cookie, which is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. Cookies function as your identification card, recording your passwords, purchases, and preferences. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (Some Site pages may require authorization and if so, cookies will not be optional. Users choosing not to accept cookies will likely not be able to access those pages.) While streamSerf.com may use cookies to track your visit to the Site and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided streamSerf, Inc. with personal information.
Local Laws and Export Controls
streamSerf, Inc. controls and operates this Site from its headquarters in Minneapolis, Minnesota, USA and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws, including, but not limited, to the export and import regulations of other countries.
You acknowledge and agree that all Materials herein are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from streamSerf, Inc., and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required. By downloading or using Materials, including Software from this Site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by streamSerf, Inc. from its offices within the County, City and State of Hennepin, Minneapolis, Minnesota United States of America. By accessing this Site, you and streamSerf, Inc. agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Minnesota, without regard to the conflicts of laws principles thereof. You and streamSerf, Inc. also agree and hereby submit to the exclusive personal jurisdiction and venue of Hennepin County and the United States District Court for Minneapolis, Minnesota with respect to such matters. streamSerf, Inc. makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where this Site's contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Termination
This Agreement is effective unless and until terminated by either you or streamSerf, Inc.. You may terminate this Agreement at any time. streamSerf, Inc. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in streamSerf, Inc.'s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or streamSerf, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
© 2009 streamSerf, Inc.