Terms of Service of http://ezstreem.com
Data Controller and Owner
Digitize Pty Ltd - PO Box 966, Blackwood, South Australia 5051 (Australia),
Terms of Service
The http://ezstreem.com website (the "Site") is operated by Digitize Pty ABN 97 612 506 859. These Terms of Service ("Terms of Service") set forth the terms and conditions under which you are authorized to use the Site. To the extent rules or guidelines affecting your use of the Site are found on other pages of the Site, those rules and guidelines are hereby incorporated by reference into these Terms of Service. By using the Site you (hereinafter either "you" or "User") agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use this Site.
As a condition of your right to use and contribute to the Site, you represent that you are of legal age to enter into a binding contract or that you have the permission of your parent or legal guardian to use and contribute to this Site, and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or your country.
1. Description of Service
Our Site features a wide array of intellectual property content, including but not limited to, articles, information, photos, audio, video, comments, and other content (collectively "Content"). When any new Content, services, or features are added to the Site in the future, they will also be subject to these Terms of Service.
2. Additional Policies and Agreements
3. Modifications and Interruption to the Site
Digitize Pty Ltd reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. Digitize Pty Ltd, its parent, subsidiaries, affiliates, other related entities, successors in interest of the foregoing, sponsors, content providers, service providers, licensors, and it’s or their respective officers, directors, employees or agents will not be liable to you or any third party should Digitize Pty Ltd exercise such right. You acknowledge and accept that Digitize Pty Ltd does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
4. Registration on Our Site
If you wish to register on our Site to participate in our community features or otherwise, you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, email address, etc.) as required by the applicable Digitize Pty Ltd registration form, and you agree that you will update such data to keep it accurate, current and complete. Digitize Pty Ltd reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the information you have provided is inaccurate, incomplete or untrue. If you obtain a username and password from this Site, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify Digitize Pty Ltd immediately of any known or suspected unauthorized use of your username and password or any other breach of security. Digitize Pty Ltd will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
5. User-Submitted Content
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation articles or other submissions, comments to articles, classified or self-service advertisements, or other Content which does not originate with Digitize Pty Ltd ("User Content"), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Digitize Pty Ltd be liable in any way for any User Content made available through this Site by you or any third party.
As Digitize Pty Ltd does not control the User Content posted on the Site, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Site, you may encounter Content that you may consider to be objectionable. Digitize Pty Ltd has no responsibility for any User Content, including without limitation any errors or omissions therein. Digitize Pty Ltd Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Site.
User Content is owned by the author thereof, and Digitize Pty Ltd does not claim ownership of original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through this Site, you are granting Digitize Pty Ltd, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sub licensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
Digitize Pty Ltd reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Site. You agree that the exercise by Digitize Pty Ltd of such discretion shall not convert or transform User Content to Content owned or provided by Digitize Pty Ltd, and the user who made such User Content available on the Site will retain ownership thereof as described below.
6. Prohibited Content and Activities
You agree that you will not post to the Site, or use the Site to transmit or make available any content that: •violates any laws or regulations, contains any threats, is abusive, tortious, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libellous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
•infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
•contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;
•you know or have reason to know is false, misleading, or fraudulent;
•you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
•contains any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, any request for or solicitation of money, goods, or services for private gain, or any information (other than advertisements approved by Digitize Pty Ltd) posted primarily for advertising, promotional, or other commercial purposes;
•incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
•contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use the Site to:
•engage in any click fraud or other unethical means of receiving payment based on any Content posted to our Site (including without limitation payment to third parties for non-human traffic to any Content on our Site);
•engage in any conduct which might be harmful to any individual;
•impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
•engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
•engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.
Certain contributors to our Site may choose to have their email address visible on the Site. Users of the Site are prohibited from using those email addresses for any purpose other than to contact the individual to communicate about the Content he/she has posted on our Site. You may not contact any members or other contributors to our Site for any commercial purpose, whether by email, through posts in our community, or otherwise in any manner through this Site, without obtaining the prior written permission of Digitize Pty Ltd. You are prohibited from sending email communications to groups of individuals through our Site.
7. Providing Feedback to Digitize Pty Ltd
We welcome your comments and feedback about our Site. All information and materials submitted to Digitize Pty Ltd through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of Digitize Pty Ltd (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Digitize Pty Ltd reserves the right to treat any such Feedback as the confidential information of Digitize Pty Ltd.
By submitting Feedback to Digitize Pty Ltd, you assign to the Digitize Pty Ltd Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Digitize Pty Ltd Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
8. Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITIZE PTY LTD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DIGITIZE PTY LTD PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.
UNDER NO CIRCUMSTANCES, WILL THE DIGITIZE PTY LTD PARTIES BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY DIGITIZE PTY LTD PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE DITIGITIZE PTY LTD PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Digitize Pty Ltd Parties harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Site, including without limitation your actual or alleged violation of these Terms of Service, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account
10. Copyright and Trademark Information
Copyrights in Content included or available on this Site (including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof) are owned by Digitize Pty Ltd or its licensors, with all rights reserved, and the Content is protected by the intellectual property rights of those owners. Any use of Content on the Site, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Digitize Pty Ltd, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Digitize Pty Ltd.
You may use the Content solely for your personal, non-commercial use, except that a commercial website is permitted to link to the Site provided that the website page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Digitize Pty Ltd. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not use, republish, retransmit, reproduce, distribute, or otherwise make available any Content owned by any third parties which is available on http://ezstreem.com, without the express consent of those third parties. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Site will be deemed by Digitize Pty Ltd to be an intentional infringement.
All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Digitize Pty Ltd.
11. Notification of Claimed Copyright Infringement
In the event that you find Content posted on the Site which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact Digitize Pty Ltd.’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
1. Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2. A statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3. A detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4. If your claim is based on a registered work, the registration number, and the date of issuance of the registration;
5. A description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
6. Your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. A statement that all of the information you have provided is true.
Please send your notice of alleged infringement to: firstname.lastname@example.org
In accordance with the DMCA, it is the policy of Digitize Pty Ltd to terminate use of our Site by repeat infringers in appropriate circumstances.
12. Links to the Site and RSS Feeds
13. Mobile Devices
If you access the versions of our Site or Content designed for use on mobile devices, you understand that your mobile carrier’s standard charges will apply. If you use our Site to send any Content to a friend’s mobile device, you understand that your friend may incur standard messaging charges according to your friend’s mobile plan.
Submission of an advertisement for publication on our Site does not constitute a commitment on the part of Digitize Pty Ltd to publish the advertisement, and publication of an advertisement does not constitute an agreement from Digitize Pty Ltd for continued publication. Digitize Pty Ltd reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change. Advertisements purchased on our site may be subject to their own applicable terms and conditions.
15. Terminating Permission to Use Our Site
We reserve the right to terminate your access to or use of our Site for any reason or no reason, in our sole discretion, with or without notice to you. In addition, pursuant to the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances. You agree that the Digitize Pty Ltd Parties will have no liability to you or any third party with regard to such termination. We reserve the right to feature any Content you have posted to our Site on our Site in perpetuity, even after we terminate your right or ability to access or use our Site.
16. Third Party Sites
17. User Disputes
You are solely responsible for your postings on our Site and any disputes you may encounter with other users of our Site as a result of such postings or otherwise. Digitize Pty Ltd has no obligation to become involved in or resolve any disputes between users of our Site. However, E Digitize Pty Ltd reserves the right to take any actions it deems appropriate with regard to such disputes.
18. Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
19. Other Terms
We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice, and any revisions will be posted on this page. You are encouraged to check the Site regularly for changes to the Terms of Service. Modifications shall become effective immediately upon being posted at the Site, without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Service may not be amended.
Any failure by Digitize Pty Ltd to exercise its rights under these Terms of Service or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of these Terms of Service shall remain in full force and effect.
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