TERMS OF SERVICE

  1. Introduction

    • Welcome to Stream Captain! Your use of Stream Captain’s services, including the services Stream Captain makes available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the "Site") and to all software or services offered by Stream Captain in connection with any of those (the "Services"), is governed by these terms of service (the "Terms"), so please carefully read them before using the Services. For the purposes of these Terms, "we," "our," "us," and "Stream Captain" refer to Stream Captain, Inc., the providers and operators of the Services.

    • In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.

    • You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.

    • You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Stream Captain or any of its affiliates regarding future functionality or features.

    • If you have entered into a separate written agreement with Stream Captain for use of services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these terms.

    • ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND STREAM CAPTAIN WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

    • BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

    • CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.

  2. Your Account

    • In the course of registering for or using the Services, you may be required to provide Stream Captain with certain information, including your name, contact information, username and password ("Credentials"). Stream Captain handles such information with the utmost attention, care and security. Nonetheless, you, not Stream Captain, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify Stream Captain promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Stream Captain of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Stream Captain immediately.

  3. Content

    • A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") may be made available through the Services by Stream Captain or its suppliers ("Stream Captain-Supplied Content"). While Stream Captain strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Stream Captain cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Stream Captain-Supplied Content.

    • You acknowledge that you may also be able to create, transmit, publish or twitchUserName ormation (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as "User Content."

    • You agree that you are solely responsible for (and that Stream Captain has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Stream Captain may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. Furthermore, you acknowledge that Stream Captain does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Stream Captain be liable in any way for any such Content.

    • Stream Captain may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Stream Captain may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Stream Captain may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Stream Captain has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.

    • Stream Captain reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Stream Captain. In the event that you elect not to comply with a request from Stream Captain to take down certain Content, Stream Captain reserves the right to directly take down such Content.

    • By submitting, posting or otherwise uploading User Content on or through the Services you give Stream Captain a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:

      • with respect to User Content that you submit, post or otherwise make publicly or generally available via the Services (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly twitchUserName h User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and

      • with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private chat messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly twitchUserName h User Content for the sole purpose of enabling Stream Captain to provide you with the Services.

  4. Our Proprietary Rights

    • You acknowledge and agree that Stream Captain (or Stream Captain’s licensors) own all legal right, title and interest in and to the Services and Stream Captain-Supplied Content. This includes all user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, audio-visual effects, character likenesses, methods of operation and gameplay associated with the Services and Stream Captain-Supplied Content. The Services and Stream Captain-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

    • Unless we grant you a license in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Services, or use of the Services not in accordance with these Terms, is expressly prohibited and may result in severe civil and/or criminal penalties.

  5. Licenses from Stream Captain

    • Stream Captain gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services for your individual, non-commercial, entertainment purposes, in the manner permitted by these Terms.

    • You may not create any work of authorship based on the Services or Stream Captain-Supplied Content except as expressly permitted by us. That being said, we support players who use our intellectual property ("IP") to create free fan projects for the benefit of the community ("Projects"). Therefore, in addition to the foregoing license, Stream Captain grants you a personal, non-exclusive, non-sublicenseable, non-transferable, revocable, limited license for you to use, twitchUserName create derivative works based upon our IP, strictly for noncommercial community use (except as specifically provided below). This license is further limited as follows:

      • You may not say nor imply that your Project is endorsed or approved by Stream Captain.

      • Your project may not include links to any website that promotes or exploits cheats or hacks to the Services.

      • You may not create or use any Project in a manner that could cause people to believe that it is an official Stream Captain production. For example, a fan website may not be designed to look like an official Stream Captain website, and it must be clear to visitors that the website is not a Stream Captain website.

      • You may not use any or our IP in any manner that is derogatory to Stream Captain or that may damage the value, reputation, or goodwill of Stream Captain or its products or brands.

    • We reserve the right to deny anyone the use of our IP at any time, for any reason or no reason, including when we decide, in our sole and absolute discretion, that you are using our IP inappropriately. If we deny you the right to use our IP, you must stop developing, publishing, or distributing your Project immediately.

    • As mentioned, you may not create commercial Projects, including any Project that crowdsources any portion of its funding, any Project that involves a business or legal entity, or any Project where you gate the content with a paywall (e.g., Patreon, YouTube Premium, etc.) without a written license agreement from us. We have only two exceptions to this:

      • Exception 1: Ad Revenue. We permit individual players to promote their Projects on websites, streams, or videos and passively generate revenue through appropriate advertisements, including pre-roll ads, ad breaks, and sponsor ad overlays. No inappropriate ads—we alone decide what qualifies as inappropriate.

      • Exception 2: Gameplay Streaming. We permit individual players to solicit personal donations or offer subscription-based content while live-streaming games, so long as non-subscribers can still watch the games concurrently.

    • In addition to the foregoing, you agree that we may use, copy, modify, distribute, and make derivative works of your Project in any form, on a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide basis, for any purpose and without having to credit you, pay you anything, or obtain your approval.

  6. General Restrictions on Use

    • You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Stream Captain, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

    • You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

    • You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.

    • You may not access the Services for the purpose of bringing an intellectual property infringement claim against Stream Captain or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Services.

    • You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Stream Captain, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

    • You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.

  7. Fees and Virtual Goods

    • Subject to the Terms, many aspects of the Services are provided to you without charge, but some aspects of the Services may require you to pay a fee, and you agree that you’ll provide accurate and complete payment info to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the Services or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site or in the Services. If there is a dispute regarding payment of fees to us, your account may be terminated or suspended without warning or notice at our sole discretion.

    • When using the Services, you may pay fees or take certain other actions to gain access to various in-game virtual goods ("Virtual Goods") associated with your account, including:

      • Items;
      • In-game Currencies;
      • Characters;
      • Skins;
      • Emotes; and
      • Accessories.

    • We have the right to delete, alter, move, remove, or transfer any and all Stream Captain-Supplied Content—including Virtual Goods—in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you. We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Stream Captain-Supplied Content attributed to your account. The sale or transfer of your right to access certain Virtual Goods may only be conducted via services approved of or provided by us, if any.

    • NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF STREAM CAPTAIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE STREAM CAPTAIN-SUPPLIED CONTENT THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL GOODS. FURTHERMORE, STREAM CAPTAIN SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE STREAM CAPTAIN-SUPPLIED CONTENT OR VIRTUAL GOODS, INCLUDING THE DELETION OF STREAM CAPTAIN-SUPPLIED CONTENT OR VIRTUAL GOODS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.

  8. Privacy Policies

    • These Services are provided in accordance with our Privacy Policy, which can be found at https://www.streamraiders.com/privacy/. You agree to the use of your User Content and personal information in accordance with these Terms and Stream Captain’s Privacy Policy.

  9. Affiliate and Partner Policies

    • The Stream Captain Affiliate Program and Stream Captain Partner Program are provided in accordance with the Stream Captain Affiliate Agreement, which can be found at https://www.streamraiders.com/affiliate-agreement/. In order to participate in the Stream Captain Affiliate or Stream Captain Partner Programs, an eligible Affiliate or Partner must meet Stream Captain qualitative and quantitative thresholds, complete the registration process, and comply with the applicable provisions of the Agreement.

  10. Modification and Termination of Services

    • Stream Captain is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Stream Captain provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.

    • You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.

    • You agree that Stream Captain, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Stream Captain will not be liable to you or any third party for such termination.

    • You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.

    • Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

  11. Changes to the Terms

    • These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

  12. DISCLAIMER OF WARRANTY

    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

    • STREAM CAPTAIN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STREAM CAPTAIN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

    • NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT STREAM CAPTAIN’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

  13. LIMITATION OF LIABILITY

    • SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT STREAM CAPTAIN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    • THE LIMITATIONS ON STREAM CAPTAIN’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT STREAM CAPTAIN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

    • SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL STREAM CAPTAIN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

  14. Indemnification

    • You agree to hold harmless and indemnify Stream Captain, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Stream Captain and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

  15. Copyright Policy

    • We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

      DMCA Notice of Alleged Infringement ("Notice")

      • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

      • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.

      • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

      • Include both of the following statements in the body of the Notice:

        • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

        • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

      • Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:

        Copyright Agent,
        Stream Captain, Inc.
        dmca@streamcaptain.com

  16. Third-Party Content

    • The Services may include references or hyperlinks to other web sites or content or resources or email content. Stream Captain has no control over any web sites or resources which are provided by companies or persons other than Stream Captain.

    • You acknowledge and agree that Stream Captain is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

    • You acknowledge and agree that Stream Captain is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

  17. Third Party Software

    • The Services may incorporate certain third party software ("Third Party Software"), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

  18. Feedback

    • You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Stream Captain under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

  19. Miscellaneous

    • These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Stream Captain to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Stream Captain must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Except for claims for injunctive relief by either party, Any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in Santa Clara County, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND STREAM CAPTAIN, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST STREAM CAPTAIN THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.

  20. Contact Us

    • If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: contact@streamcaptain.com

    • When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.