Lynx: Terms of Service Agreement
Last Updated: April 1, 2015
Welcome to Lynx, which is operated by Stream Labs Inc. ("Stream", "we", "us" or "our"). Please read these Terms of Service (this "Agreement") carefully, as it constitutes legally binding terms and conditions and applies to your use of (a) our website, application and technology (the "Lynx Application") and (b) any content, information, features, functionality and services offered by us through the Lynx Application (collectively, and together with the Lynx Application, the "Services"). This Agreement applies whether you are accessing the Services via a wireless or mobile device, a personal computer or any other technology or device (each, a "Device"). This Agreement does not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.
1. Services. Subject to the terms of this Agreement, the Services shall enable registered users of the Lynx Application to "clip out" a part of the screen when visiting any website and then share that "clip" through various third-party owned and operated platforms (e.g., various social media networks) and/or store the clip within the Lynx Application.
2. Modifications. We may modify this Agreement from time to time and at any time in our sole discretion. We will post or display notices of material changes on the Services and/or notify you via other electronic means. The form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
3. User Registration. In order to access and use part of the Services, we require that you register to use the Lynx Application and have a unique username and password combination ("User Credentials") and provide certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, your physical address, telephone number(s), applicable payment data and related information (collectively, a "User Account"). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify Stream of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services for any reason, including, without limitation, if we believe there is a question about the identity of the person trying to access any account or element of the Services. Stream shall not be responsible or liable for any loss or damage arising from your failure to comply with this Article 5.
4. User Materials.
4.1 General. The Services will provide you with the opportunity to submit, upload, transmit, display or otherwise make available text, photos, graphics, images, audio/visual content, trademarks, logos, materials and information via the Services (collectively, "User Materials"). By submitting User Materials, you acknowledge and agree that the term "User Material" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Material.
4.2 DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE CONSEQUENCES OF ALL USER MATERIALS THAT YOU SUBMIT, UPLOAD, DISPLAY, TRANSMIT OR OTHERWISE MAKE AVAILABLE. UNDER NO CIRCUMSTANCES SHALL Stream BE LIABLE IN ANY WAY FOR USER MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USER MATERIALS SUBMITTED, UPLOADED, DISPLAYED, TRANSMITTED OR OTHERWISE MADE AVAILABLE (INCLUDING, WITHOUT LIMITATION, FOR CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION RELATED TO OR ARISING FROM ANY SUCH USER MATERIALS). YOU FURTHER ACKNOWLEDGE AND AGREE THAT USER MATERIALS may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. FURTHER, USER MATERIALS DO NOT REFLECT THE VIEWS OF Stream OR ITS AFFILIATES, AND YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO OTHER PEOPLE'S USER MATERIALS THAT COULD BE OFFENSIVE, INDECENT OR OBJECTIONABLE.
4.3 Retention of Rights. Stream DOES NOT ACQUIRE ANY TITLE OR OWNERSHIP RIGHTS IN THE USER MATERIALS THAT YOU SUBMIT AND/OR MAKE AVAILABLE VIA SERVICES. After you submit, upload, transmit, display or otherwise make available any User Material, you continue to retain any such rights that you may have in such User Material, subject to the rights, licenses and privileges granted herein.
4.4 License Grant. In connection with all User Materials you submit, upload, transmit, display or otherwise make available on, through or in connection with the Services, you grant to Stream, to the full extent that you have rights to such User Materials, a worldwide, non-exclusive, perpetual, sublicensable, fully paid-up and royalty-free right and license to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, promote and otherwise exploit all or any portion of your User Material for purposes of and in connection with (a) the provision of the Services and (b) displaying, exhibiting, marketing and featuring same in connection with the promotion of Stream, the Services and any other Stream products and services (in each instance, without notification or other obligation to you or any third party).
4.5 Unauthorized User Material. You may not submit, upload, transmit, display or otherwise make available, in any manner, any User Material that we deem to be Unauthorized User Material (as defined herein). We have the right, but not the obligation, to review any User Material and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Materials, including, without limitation, any Unauthorized User Materials; provided, however, that Stream shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term "Unauthorized User Material" means any User Material that (a) is or may be construed as violating this Agreement, (b) is deemed to be unacceptable to Stream, as determined in Stream's sole discretion, or (c) violates the terms of Article 5.
5. Unauthorized User Conduct. The use of the Services for unlawful or harmful activities is not allowed and you are solely responsible for your conduct in connection with the Services. You represent, warrant and agree that, while using the Services, you shall not:
- engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- submit, upload, transmit, display or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- submit, upload, transmit, display or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
- engage in or encourage conduct that affects adversely or reflect negatively on Stream, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;
- submit, upload, transmit, display or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
- impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;
- solicit passwords or personal identifying information for unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, "spidering", "screen scraping", "phishing", "database scraping", or any other activity with the purposes of obtaining lists of other users or other information; or
- modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so.
Stream assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time Stream chooses in its sole discretion to monitor the Services, Stream nonetheless assumes no responsibility for User Materials, assumes no obligation to modify or remove any User Materials, and no responsibility for the conduct of any user. Stream reserves the right to investigate and take appropriate legal action against anyone who, in Stream's sole discretion, violates, or is suspected of violating, this Article 5, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Stream may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce this Agreement; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Stream, users or any third parties.
6. Stream Proprietary Rights.
6.1 General; Retention of Rights. As between you and Stream, Stream owns, solely and exclusively, all right, title and interest in and to the Services and all content, information and materials contained and/or made available through or in connection with the Services (excluding User Materials) ("Company Content"), and all such Company Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term "Company Content" includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, application and other software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "Services" includes "Company Content" as well.
6.2 Limited Use; Restrictions. The Services are to be used solely for your non-exclusive, non-assignable, non-transferable and limited use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Company Content you transmit, download, display, print, Lynx or reproduce from the Services. Except as expressly authorized by Stream and set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Company Content without the express, prior written consent of Stream or its owner if Stream is not the owner. Moreover, the framing or scraping of or in-line linking to the Services or any Company Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Company Content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services. Any unauthorized or prohibited use of any Company Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Article 7 below.
7. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent:
Stream Labs Inc.
c/o Copyright Agent
PO Box 134
Pleasantville, NY 10570
Email Address of Designated Agent: firstname.lastname@example.org
8. Customer Support. For assistance with technical issues or customer support inquiries in connection with the Services, please refer to our support materials or contact email@example.com.
11. Advertisements. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, "Advertisers") found on or through the Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
12. Indemnity. You agree to indemnify, defend and hold Stream, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach of violation this Agreement or (c) your User Materials. Stream reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
13. DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES, AND ALL COMPANY CONTENT, PRODUCTS, SERVICES AND USER MATERIALS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THE Lynx APPLICATION, AND ALL COMPANY CONTENT, PRODUCTS, SERVICES AND USER MATERIALS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, User Materials and Company Content associated with your use of the Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Stream, ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions, including, without limitation, User Content, may not be processed in a timely fashion or at all, and some features or functions, including, without limitation, Updates, may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Stream assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Content or for any failure or delay associated with any User Content and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or User Content. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
14. Force Majeure. Stream shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption in connection with any product or service offered by Stream or any third party resulting directly or indirectly from any cause beyond the reasonable control of Stream, including, without limitation, an act of war or terrorism, failure of electricity supply, systems or connections, service interruptions, natural disaster, third party service provider failure or delay in performance, civil commotion, governmental action, labor dispute, act of God or other causes beyond the reasonable control of Stream.
15. Assignment. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Stream without restriction, notice or other obligation to you or any third party.
16. Governing Law; Miscellaneous.
16.1 This Agreement contain the entire understanding and agreement between you and Stream concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Stream to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
16.2 This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
16.3 Stream is based in the United States and the Services are controlled and hosted by Stream from its offices in the United States. Stream makes no representation or warranty that the Services or Company Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
This Agreement was last modified on the date indicated above and is effective immediately.
Copyright © 2015 Stream Labs Inc.