Terms of service
Last updated: 15 January 2007
1. Acceptance of Terms
IdoStream provides its Service (as defined below) to you
subject to this Terms of Service agreement ("TOS"). IdoStream may
update this TOS from time to time and will make commercially
reasonable efforts to include notices regarding any such updates
or changes. By continuing to use the Service, you signify your
binding acceptance of the TOS, as published on the IdoStream
website ("Site").
2. Description of Service
The "Service" includes (a) the Site, (b) the services provided
by the Site and by the IdoStream software made available through
the Site, and (c) all data, text, images, sounds, video, and
software made available through the Site or services ("Content").
Any new features added to or augmenting the Service are also
subject to this TOS.
3. Permission to Use the Service
You may access the Service provided that you are in compliance
with all provisions of this TOS. By using or accessing this
Service you agree to comply with the copyright, trademark, service
mark, and all other applicable laws that protect the Service. You
agree not to copy, distribute, transmit, publicly display,
publicly perform, modify, rent, sell, or create derivative works
of any portion of the Service.
You are welcome to link to the Site from your website, provided
that your website does not imply any endorsement by or association
with IdoStream. You acknowledge that IdoStream may, in its sole
discretion and at any time, discontinue providing any part of the
Service without notice.
4. User Conduct
Through your use of the Service, you agree that you will not
violate any applicable laws, the rights of others, or the
operational and security mechanisms of the Service. Examples of
such prohibited behavior include, but are not limited to:
- Using the Service to promote, conduct, or contribute to
fraudulent and/or illegal activities, including deceptive
impersonation or activities involving the exploitation of
children.
- Using the Service to violate anyone's privacy rights (e.g.
distributing unwanted commercial solicitations), to infringe on
intellectual property rights (including copyrights and trademark
rights), to harass or defame others, or to promote hatred
towards any group of people.
- Disrupting, circumventing, or interfering with any part of
the Service; forging or modifying any data processed or
distributed by the Service; or using an automated process to
cause greater demand on the Service than a single person could
produce.
5. User ID
Some functions of this Service require registration by
selecting a unique user identification ("User ID") and password,
and by providing certain personal information. In registering to
be a user, you represent that you are of legal age to form a
binding contract. If you select a User ID that IdoStream, in its
sole discretion, finds offensive or inappropriate, IdoStream has
the right to suspend or terminate your account.
You agree to (a) keep your password confidential and use only
your User ID and password when logging in, (b) ensure that you log
out from your account at the end of each session, and (c)
immediately notify IdoStream of any unauthorized use of your User
ID and/or password. You are fully responsible for all activities
that occur under your User ID. IdoStream will not be liable for
any loss or damage arising from your failure to comply with this
Section.
You agree that IdoStream, in its sole discretion and without
notice or liability to you or any third party, may immediately
terminate your User ID, and remove or discard from the Service any
Content associated with your User ID. Grounds for such termination
may include, but are not limited to, extended periods of
inactivity or violation of the letter or spirit of this TOS.
6. Contributions to IdoStream or the Service
IdoStream does not claim ownership of any Content you submit to
the Service ("Contribution"); however, IdoStream has the right to
remove any Contribution that violates this TOS or is otherwise
objectionable, as determined solely by IdoStream.
7. Privacy Policy
IdoStream agrees to protect your personal information as
described in the Privacy Policy
published on the Site. You agree that IdoStream can export your
information to any country as operationally necessary, even if
that country's privacy laws are weaker or different from the
privacy laws of your country.
8. Third-Party Content
You acknowledge that IdoStream does not comprehensively review
contributions to the Service and that each contributor to the
Service of data, text, images, sounds, video, and software is
solely responsible for the accuracy, reliability, nature, and
legal restrictions associated with their contribution.
In addition, the IdoStream Service may contain links to
websites that are not owned or controlled by IdoStream. IdoStream
assumes no responsibility for the content, privacy policies, or
other practices of third-party websites. You are encouraged to
read the terms and other policies of such websites. By using the
Service, you agree that IdoStream shall not be liable in any
manner due to your use of any third-party website.
9. Charges
You agree that IdoStream may charge
to Your credit card or other payment mechanism selected by You and
approved by IdoStream (“Your Account”) all amounts due and owing
for the Services, including Service fees, set up fees,
subscription fees, overage fees, conferencing fees, or any other
fee or charge associated with Your use of the Services. IdoStream
may change prices at any time without prior notice. You agree that
in the event IdoStream is unable to collect the fees owed to
IdoStream for the Services through Your Account, IdoStream may
take any other steps it deems necessary to collect such fees from
You and that You will be responsible for all costs and expenses
incurred by IdoStream in connection with such collection activity,
including collection fees, court costs and attorneys’ fees. You
further agree that IdoStream may collect interest at the lesser of
1.5% per month or the highest amount permitted by law on any
amounts not paid when due.
10. PROPRIETARY RIGHTS
IdoStream and/or its suppliers, as
applicable, retain ownership of all proprietary rights in the
Services and in all trade names, trademarks and service marks
associated or displayed with the Services. You will not remove,
deface or obscure any of IdoStream's or its suppliers' copyright
or trademark notices and/or legends or other proprietary notices
on, incorporated therein, or associated with the Services. You may
not reverse engineer, reverse compile or otherwise reduce to human
readable form any software associated with the Services.
11. Termination
You may terminate this Agreement by
providing written notice to IdoStream via e-mail to support@IdoStream.com.
Such termination will be effective on the last day of the term,
subject to (30) days prior written notice. If You fail to comply
with any provision of this Agreement, IdoStream may terminate this
Agreement immediately without notice. Sections 2 through 17,
inclusive, shall survive any termination of this Agreement. Upon
any termination of this Agreement, You must cease any further use
of the Services and destroy any copies of associated software
within Your possession and control.
12. DISCLAIMER OF WARRANTIES
*READ THIS CAREFULLY* You understand and agree that your
use of the Service is at your sole risk. The Service is provided
on an "as is" and "as available" basis and to the fullest extent
permitted by law, IdoStream expressly disclaims all warranties,
express or implied, in connection with the Service and your use
thereof, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose, accuracy, and
non-infringement. IdoStream makes no representations or warranties
about the accuracy or completeness of the Content made available
through the Service or the content of any websites linked to the
Site. IdoStream does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by
a third party through the Service or any hyperlinked website or
featured in any banner or other advertising, and IdoStream will
not be a party to or in any way be responsible for monitoring any
transaction between you and third-party providers of products or
services. As with the purchase of a product or service through any
medium or in any environment, you should use your best judgment
and exercise caution where appropriate. No advice or information,
whether oral or written, obtained by you from IdoStream or through
the Service shall create any warranty not expressly stated in this
TOS.
13. LIMITATION ON LIABILITY
*READ THIS CAREFULLY* TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
IDOSTREAM OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR
FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL
THEORY, EVEN IF IDOSTREAM, ITS AFFILIATES, SUPPLIERS OR RESELLERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
IDOSTREAM'S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM
CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS
ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE
AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE
PREVIOUS 12 MONTHS. Because some states and jurisdictions do not
allow the exclusion or limitation of liability, the above
limitation may not apply to You.
14. Indemnification
You agree, at your own expense, to indemnify, defend, and hold
harmless IdoStream, its employees, agents, and representatives
against any claim, alleged claim, suit, action, or administrative
proceeding arising out of, or related to use of or access to the
Service, or violation of this TOS by you or, when due to your
cooperation or negligence, by someone else using your User ID.
15. Governing Law
This TOS shall be exclusively governed by and construed under
the laws of State of Connecticut, USA, without giving effect to
any choice-of-law or conflict-of-laws provisions. All legal
claims, suits or actions related to this TOS will be subject to
the jurisdiction of the courts of Tolland County, Connecticut,
USA.
16. Waiver and Severability
The failure of either party to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right
or provision. If any of the provisions of the TOS are held
invalid, unenforceable, or void by a court, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
17. Statute of Limitations
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
You can report abuse of these Terms to
support@IdoStream.com.