Effective Date August 10, 2018
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY
Changes to Terms. WE MAY MODIFY THESE TERMS AT ANY TIME BY POSTING A REVISED VERSION. ANY CHANGES TO THE TERMS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE REVIEW THE TERMS EACH TIME YOU USE THE SERVICES AS YOUR CONTINUED USE OF THE SERVICES AFTER SUCH CHANGES WILL CONSTITUTE ACCEPTANCE OF, AND AGREEMENT TO, SUCH CHANGES. YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS WILL APPLY RETROACTIVELY.
Consent. You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is lower, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity.
Services We Provide. Streem connects customers (individually, "User," collectively, "Users") to professionals and experts (individually, a "Pro," collectively, "Pros") in a variety of fields. We help Users find, coordinate with and collaborate with Professionals for advice, support or to hire their service. We also enable Pros to connect to each other for the purposes of advice, support, documentation or collaboration on a project.
In addition to the general usage of Streem to connect a User and Pro, it may be possible for a Pro to provide a guided do-it-yourself service that allows a User to speak to or to have a video conference with a Pro, who can provide on-demand advice about a home improvement project or repair, (“Remote Advice”). Remote Advice may require a fee beyond the monthly subscription of our core Services.
The Streem Properties allow you to access Remote Advice and the services of Pros, but Streem does not in any way create, sell, resell, provide, control, manage, offer, oversee, direct, deliver, or supply any Remote Advice or other services provided to a User by a Pro. Pros provide Remote Advice directly and assume responsibility for all aspects of the Remote Advice except as specified hereunder. Streem makes no representations and provides no warranties regarding the quality, legality, suitability, reliability, timeliness, or accuracy of any Remote Advice or information provided through the Remote Advice. Streem may screen the Pros, but it is under no obligation to do so, and all users should exercise caution and common sense to protect personal safety and property when interacting with the Pros. Each Pro is responsible for its compliance with applicable federal, state and local laws
Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third Party Materials are not owned or controlled by Streem. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Streem.
Permissible Use and Streem Intellectual Property
Grant of Limited License to Users. Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
Grant of Limited License to Pros. Subject to your compliance with these Terms, we hereby grant you, as a Pro acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products and services as contemplated by the Services.
Streem Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information ("Materials") are the property of Streem, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Properties or the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Streem does not intentionally make available through the Properties and the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Pros for any purpose.
No Improper Uses. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Streem, its service providers, suppliers, other Users or any other person.
CONSENT. BY PROVIDING YOUR INFORMATION THROUGH THE SERVICES, YOU ARE REQUESTING TO BE (AND YOU EXPRESSLY CONSENT TO BE) CONTACTED BY STREEM, OUR SERVICE PROVIDERS, COMPANIES THAT RECEIVE YOUR SERVICE REQUEST, AND PROS, AS THE CASE MAY BE. YOU CONSENT TO BE CONTACTED BY VIDEO CALL, VIDEO STREAMING, TELEPHONE, EMAIL, MAIL, TEXT (SMS) MESSAGING, OR OTHER REASONABLE MEANS AT ANY OF THE RESIDENTIAL, CELL OR FAX PHONE NUMBERS OR ADDRESSES YOU PROVIDE, EVEN IF THEY ARE LISTED ON A NATIONAL "DO NOT CALL" OR “DO NOT CONTACT” LIST. YOU AGREE THAT THESE COMMUNICATIONS MAY INCLUDE PRERECORDED, ARTIFICIALLY VOICED OR AUTODIALED TELEMARKETING MESSAGES, AND THAT THEY MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND OTHER REASONS. YOU AGREE THAT THESE PARTIES MAY CONTACT YOU FOR PURPOSES OF PROVIDING THE SERVICES AND/OR THE PRO PRODUCTS OR SERVICES YOU HAVE REQUESTED (AS THE CASE MAY BE), MARKETING, SERVICING YOUR ACCOUNT, ADDRESSING COMPLAINTS, BILLING OR OTHER ACCOUNT-RELATED MATTERS, OR OTHER PURPOSES REASONABLY RELATED TO THE SERVICES.
Security of Account. You agree you won't disclose your password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
You Are Responsible for Video Streams. The Services may permit you and other Users and Pros to submit videos, photos and other data. The person submitting a video or other information is solely responsible for that person’s submission, participation in a video stream, and the consequences of submitting it. By way of example and not limitation, if a Pro provides you with advice or other information, the Pro (and not Streem) is solely responsible for that advice and information and video streaming interaction. You acknowledge and agree that Streem has no obligation or ability to pre-screen your or any other person’s submissions.
Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Streem and its service providers and partners. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS (WHETHER IT’S SOMEONE ELSE’S OR JUST MADE UP), YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO STREEM AND EACH PRO OR OTHER PARTY WHO ACCEPTS THAT SERVICE REQUEST FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES IN CONNECTION WITH THE IMPROPER SUBMISSION OR ADVICE DURING THE VIDEO STREAM.
License to Your Submissions and Collected Information. With respect to the videos, photos or other data you submit as part of Collected Information, you grant Streem a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publish, broadcast, recorded streams, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property in any form and any medium. We will not pay you or otherwise compensate you for such user submissions and other Collected Information.
Do Not Post, Record, or Live Video Stream Illegal or Harmful Content. You agree that you are the exclusive owner of all rights to your submissions and recorded streams and such rights have not been assigned or encumbered. You agree not to post, submit or link to any user submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any submissions or recorded or live video material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Streem.
Do Not Live Video Stream, Record, or Post Improper Content. You agree not to live video stream, record video, post, submit or link to any user submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates illegal gambling, gaming, or lotteries.
Reviews of Pros. Users may be able to rate a Pro’s performance of services or quality of advice within the Streem product and that those ratings will be determined solely by the User. Streem is not obligated to monitor, change or control such ratings. Users agree to avoid inappropriate, obscene or discriminatory language in rating Pros.
Review of Your Video & Photo Submissions. We do not approve, control or endorse your or anyone else's submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify submissions for any reason, at our sole discretion.
User or Pro Suggestions. If you elect to provide or make available to Streem any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Streem will be free to use, disclose, reproduce, make, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Charges. You agree that use of the on-demand Services may result in charges to you for the products or services provided by Pros ("Pro Charges") and that use of the Streem Services may result in charges to you for the products or services provided by Streem ("Streem Charges") (Streem Charges and Pro Charges, collectively, "Charges"). You will be informed of Charges before products or services are provided by Streem or Pros, as the case may be (including, in the case of Streem Charges, any cancellation fees and terms). Streem may offer discounts on Streem Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions Streem specifies for the discount. Applicable sales tax will be added to all Charges where required by law. User may be charged for the on-demand video streaming feature, scheduling and billing for Professional Services, and other services provided.
Payment. Payments for Streem Charges are immediately due and payable to Streem upon provision of the applicable Services and, except as set forth in these Terms, are final and non-refundable. Payment terms for Pro Charges such as Remote Advice will be set by the Pro and agreed to by the User. You acknowledge and agree that your purchases of services and products from a Pro are transactions between you and that Pro, and not with Streem. Payment of the fees may be transacted through the Streem app using payment information, such as credit card data, provided by the User.
Returns; Refunds. As noted above, once you accept the Streem terms and conditions, you are generally not able to reject or return on-demand video stream’s, otherwise you may be suspended from Streem. In the limited cases where we allow the return of a Streem Services, the purchase price will be credited to your Streem account. No refunds will be given. Payments for Streem Charges that meet our requirements for a refund rather than an account credit (as set forth in these Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
Accuracy of Information. Streem makes no representation or warranty about the accuracy or suitability of the content or comments during a video stream or other information displayed on the Properties or provided through the Services. We use good faith efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy.
Resolving Disputes. We do not expect that you will have a dispute with a Pro. However, if a dispute with any Pro should arise, Streem reserves the right in its sole discretion to attempt to resolve any such dispute. You agree that prior to taking any legal action against a Pro, you will give Streem 30 days’ written notice prior to doing so and you will participate in a resolution of any dispute in good faith. Notwithstanding the foregoing, you agree that Streem shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.
YOU ACKNOWLEDGE AND AGREE THAT STREEM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE ADVICE SERVICES.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE STREEM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE "STREEM PARTIES") FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, USERS, PROS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.
YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
IN PARTICULAR, NEITHER STREEM NOR ITS AGENTS OR AFFILIATES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY PRO, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE ADVICE SERVICES. BECAUSE STREEM IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES BETWEEN YOU AND A PRO, YOU HEREBY RELEASE STREEM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY STREEM AGAINST, ALL 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.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STREEM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH STREEM, USERS, PROS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT WILL THE STREEM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, STREEM, USERS, PROS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT STREEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION (DESCRIBED ABOVE), YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE STREEM PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, STREEM, USERS, PROS OR OTHER THIRD PARTIES, OR (3) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. STREEM RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH STREEM IN ASSERTING ANY AVAILABLE DEFENSES.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Portland, Oregon. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver. ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MULTNOMAH COUNTY, OREGON. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Streem may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
A User’s rights under an agreement with a Pro will be governed by the terms of that agreement and by applicable federal, state, and local laws.
Third-Party Intellectual Property
Third-Party Intellectual Property. All non-Streem trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to Streem at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have 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, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Attn: Streem Legal Department
805 SW Broadway St., Ste 2440
Portland, OR 97205
Dormant Accounts. If an account remains inactive for one year or more, Streem reserves the right to terminate the account.
Currency; No Interest. All dollar amounts listed within the Services are denominated in U.S. dollars unless otherwise specified. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.
Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Streem's prior written consent, but may be assigned by Streem without restriction and without notice to you.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Entire Agreement and Severability. These Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and Streem concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Streem with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Streem's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent any User’s or Pro’s future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).
Attorney Fees. If any of the Streem Parties take legal action against you as a result of your violation of these Terms and the Streem Parties are the prevailing party, the Streem Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Streem Parties.
Contact Us. If you have questions about these Terms, please contact us by email at support@Streem.pro or in writing at 921 SW Washington St, Ste 820, Portland, OR 97205.
Additional General Terms for Pros. If you are a Pro, the terms in this section also apply to you.
Licenses and Obligations. As a Pro, you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required to meet applicable industry standards. You also agree that you have (and will continue to maintain) valid licenses, authorizations, insurance and bonding to the extent required by applicable authorities for any work you solicit, accept or perform.
Informational Requests. You agree to comply with Streem's informational requests from time to time in connection with the Services, including providing information to be used by Streem (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.
Taxes. You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services ("Taxes"). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users. You agree that you, and not Streem, are solely responsible for all matters related to Taxes.
Updated Information. You agree to immediately notify us if: (i) any information you have provided to Streem, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Confidentiality. If you receive confidential information from Streem, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Streem’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Contractor. You acknowledge that you not an employee of Streem and that no agency, partnership, joint venture or employee-employer relationship with Streem is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Streem, and that Streem has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
Project Requests. Certain Streem Services give Pros the right to contact homeowners who have requested that a Pro contact them for a particular project (a “Project Request”). Information regarding a Project Request, and the right to respond to it, may be made available to a Pro through email, through Streem’s video and message communications platform, or by other means. The right to respond to Project Requests can be purchased through Services that have a recurring financial obligation every month (or other time period).
No Guarantee. As a Pro, you agree and acknowledge that Streem cannot and does not guarantee the results of any Services, including the exposure you will receive as part of the Services, the number or quality of potential customers with whom you will have contact, or whether a homeowner will actually contract with you to do the work if you answer their video streams. You acknowledge that Streem may impose limits on the type and/or number of Pros that can participate in particular programs, which Pros are notified about particular video stream requests and the timing of such notification, and the type and/or number of Pros who can respond to particular project requests and video streams.
Pro Profile. If you are a Pro, you will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete and up-to-date information in connection with the Services; and keep that information updated, complete and correct. You understand and acknowledge that the amount and quality of your Pro information (including the amount and quality of profile data, project activity, ratings, and endorsements) will affect your exposure within the Services. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message, video streaming, or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Provided Services.
Payment. If you purchase Services as a Pro, you authorize Streem to bill your credit card or to bill your company via invoice, on the applicable billing dates. You agree to notify Streem of any changes to your credit card or billing information necessary to process your payment. If Streem is unable to process the payment, you will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred, plus late fees as described below. Any prepaid amounts are not refundable, except as specifically described in these Terms.
Term. The term of Services begins on the first day the Services are made available to a Pro and continues on a monthly billing cycle monthly thereafter. IF A PRO PRODUCT OR SERVICE HAS NOT BEEN TERMINATED BY THE PRO, IT WILL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS UNTIL TERMINATED BY THE PRO.
Returns. Please note that what you are purchasing is the right to receive video streams from the homeowner with respect to their project request, not a right or guarantee to perform the work. (It is the homeowner who decides whether to work with a particular Pro or not.) We allow returns only in limited cases where the project request/ video stream is invalid. If your return request meets Streem’s return criteria, then the purchase price for the applicable video stream request will be credited to your account. No refunds will be given.
Suspension or Termination by Streem. Streem reserves the right to suspend or terminate any Pro’s ability to purchase Services or otherwise use the Services, including but not limited to as a result of default in payment obligations. If termination is by Streem as a result of your material breach of these Terms, you will not be entitled to a refund of any previously paid amount. If Streem’s termination is for convenience, you will receive a pro rata refund of any prepaid but unused fees applicable to the remaining portion of the Initial Term or the then-current Renewal Term (as the case may be) for the terminated Services.
Termination by Pro. To terminate a Pro Product, you must notify Streem at least 30 days prior to a desired termination date by contacting us at support@Streem.pro. The effective date of termination will be the last day of a previously agreed and still active Services contract period or the desired termination date, whichever is later.
Late Fees and Billing Issues. You agree to pay a late fee of $20 for each late payment. You also agree to pay reasonable expenses (including, without limitation, collection agency fees and attorney's fees) incurred by Streem in collecting any overdue amounts. You agree to notify Streem of any billing discrepancies or issues within 20 days after they first appear, and if you do not, you agree that you have waived the right to dispute such billing discrepancies or issues.
Additional Apple Required Terms for iOS Apps
The following additional terms apply if you access or use the Services through an Apple iOS product:
Acknowledgement. Streem and you acknowledge that these Terms are concluded between Streem and you only, and not with Apple, and Streem, not Apple, is solely responsible for the Services and the content thereof.
Scope of License. The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support. As between Apple and Streem, Streem is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Streem and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty. As between Apple and Streem, Streem is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Streem's sole responsibility.
Product Claims. Streem and you acknowledge that Streem, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. Streem and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, Streem, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Streem may be contacted at 921 SW Washington St, Ste 820, Portland, OR 97205 or support@Streem.pro in connection with any questions, complaints or claims with respect to the Services.
Third-Party Beneficiary. Streem and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Services through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Effective Date: August 10, 2018
· the types of information we collect through our Services;
· how we use and protect that information;
· the types of information we may share with others and under what circumstances; and
· the choices you have regarding our collection, use, and sharing practices.
This Policy applies to Streem and our websites, web-based applications, mobile applications, emails we send, as well as the information we collect when you interact with us through social media or other websites and online services. It also applies anywhere it is linked. It does not apply to non-Streem websites and mobile applications that may link to the Services or be linked to or from the Services; please review the privacy policies on those websites and applications directly to understand their privacy practices.
For questions about our privacy practices, contact us at email@example.com.
What Do We Collect?
Information You Give Us
Some of the Services may include features or services that permit you to enter contact information and other information about you. The information may vary depending on whether you are an individual seeking to engage a professional (“Service Customer”) or a professional (“Pro”).
Between Streem and Service Customers
We may collect and store any information you enter on our Services. This includes:
· Information you provide by filling in forms on our websites or in our mobile applications, such as name and zip code when registering to use our Services.
· Information you provide when you interact with us directly on our Services or via social media, including any posts, pictures, videos and messages which you submit to us either via our social media accounts on other sites (including by use of hashtags associated with us).
· If you contact us, we may keep a record of that correspondence and any contact information provided.
· Any other information you choose to provide.
For our technology to work, our app requires that you provide us with access to the camera, photo albums, and microphone on your mobile phone. When you choose to connect with a Pro via our Services, that Pro has the option to initiate recording the video of that conversation. By using the Services, you consent to the recording of any conversations you have on the app; if you do not wish to be recorded, please discuss this with the Pro prior to participating in a call. The video is stored in your account and is accessible by Streem as well as the Pros with whom you interact. The video may also be shared by Pros within their organizations (where applicable) or with third parties, according to the data use practices established by the Pro.
Streem does not facilitate payments between Service Customers and Pros, and Pros do not share your payment information with us. Please do not provide a credit card number, social security number, or other sensitive information during a Streem video session, as we cannot control the Pro’s use of information contained in Streem sessions.
Between Streem and Pros
We collect and store any information you provide about your business when you sign up to use our Services. This may include business contact information about the employees who are authorized to use your Streem account. We use a third party payment processor to process your credit card payments; Streem does not receive your credit card information directly.
We offer Pros the option of sharing their phone contacts with us to facilitate sending links to utilize Streem. For our technology to work, our app requires that Pros provide us with access to the camera, photo albums, and microphone on your mobile phone.
Between Pros and Service Customers
When Service Customers connect with Pros, Streem facilitates the exchange of information (e.g., videos, photos, sound, and data about products or the environment) between them and collects information as described above. Independent of Streem, either Service Customers or Pros could record and access any information exchanged between them. Please take this into account when using our Services.
Information We Collect Automatically
When you interact with the Services, certain information about your use of our Services is automatically collected. Much of this information is collected through cookies, web beacons, and other tracking technologies, as well as through your web browser or device. This includes:
· Details of your visits to our site or application and information generated in the course of the use of our site or Services (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, location data, weblogs and other communication data, the resources that you access, and how you reached our site.
· Details regarding the device you use to access our website or digital services, including operating system and browser type.
· Information about how you interact with emails, including whether you open or click links in any correspondence.
· Information that you make available to us on a social media platform (such as by clicking on a social media icon linked from our Services), including your account ID or username and other information included in your posts.
Why Do We Collect This Information And How Do We Use It?
We may use the information we collect from you for the following purposes:
- To further our purpose of offering technology to connect professionals and service customers
- To communicate with you, including to respond to inquiries and to send you communications regarding new service features
- To provide you with the best service and improve and grow our community
· To analyze website or application usage and enhance their operation,
- To detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.
Who Do We Share Information With?
Service providers. We engage third party service providers to perform functions on our behalf such as marketing automation, website, software, and data storage, and analytics.
Your Employer. If your company has an enterprise relationship with Streem and has provided you a link to access Streem’s technology (for example, as a means to provide you with IT support in your office), we may share certain information with your employer. Specifically, your company may have designated one or more administrators who can see the names and contact information of employees who have created accounts with Streem. We may allow employers to access the content of video calls, as well as provide information to your company regarding how many employees are active or not active users of Streem.
Third parties involved in advertising. We engage third parties to assist us in serving advertising regarding the Services to others who may be interested in the Services.
Social Media Platforms. Where you choose to interact with us through social media, your interaction with social media providers typically allows that third party platform to collect some information about you through cookies they place on your device and other tracking mechanisms. In some cases, that third party social media platform may recognize you through its cookies even when you do not interact with their application(s). Please visit those third parties’ respective privacy policies to better understand their data collection practices and controls they make available to you.
Additional Information About our Data Collection and Sharing Practices
Sharing of Aggregated Data. We may analyze aggregated, de-identified data and share these analyses at our discretion, including with marketing agencies, media agencies and analytics providers. These third parties will not be able to relate this data to identifiable individuals.
Change of Ownership or Corporate Organization. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot guarantee that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
Cross-border Transfer of Data. If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage, and processing of your data.
Your Options and Rights
Information Stored on Your Account Profile
Please visit the Settings section in the app to update your profile information. You may request deletion of your profile or any information contained in your account by emailing us at firstname.lastname@example.org.
Our Email Bulletins
If at any time you would like to unsubscribe from receiving future marketing emails, you can click the unsubscribe link at the bottom of any email bulletin, or email us at email@example.com and we will promptly remove you from all correspondence.
Cookies and other automatic information gathering technologies
See the Cookies disclosure below in our Tracking Technologies.
Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser or device setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work, or work as designed.
You may be able to opt out of or block tracking by interacting directly with the third-parties whose tracking technologies are integrated directly through our website and mobile application. Please see below for more information.
Information for Individuals Located in the EEA and Switzerland
Purposes of processing and legal basis for processing
We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data privacy.
Right to lodge a complaint
Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities, as described above.
If you are a resident of the EEA or Switzerland, you are entitled to certain rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you. These rights include the ability:
· to request from us access to personal information held about you;
· to ask for the information we hold about you to be rectified if it is inaccurate or incomplete;
· to ask for data to be erased if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing;
· to request that we restrict our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
To submit a request to exercise your rights, please contact us at firstname.lastname@example.org. We may have a reason under the law why we do not have to respond to your request, or respond to it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
How We Secure the Information We Collect From or About You
We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your personal information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.
Additional Information About Our Use of Tracking Technologies
· Site Operations: Enabling features that are necessary for providing you the services on our site.
· Analytics: Allowing us to understand how our services are being used, track site performance and make improvements.
· Personalized Advertising: Delivering tailored advertising to prospective customers or interests across services and devices and measuring the effectiveness of ads.
· Social Media: Enabling the sharing of content from our services through social networking and other sites.
Below is a list of partners we use for these purposes with links to more information on their use of your data and how to exercise your options regarding tracking:
- Google - How Google uses information from sites or apps that use our services
Social Media & Personalized Advertising:
You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
Your browser or device may include “Do Not Track” functionality. At this time, Streem does not respond to browser “Do Not Track” signals.
Changes to This Policy
We may make changes to this Policy from time to time. We will post any changes, and such changes will become effective when they are posted. Your continued use of our Services following the posting of any changes will mean you accept those changes.