General terms and conditions

  1. Introduction

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.streamchartz.com website (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

  1. Service

Streamchartz® is a social media aggregator that any 3rd party can use for display or integrate on their website by adding a single line of code. Users of our service need to login to create their own social media aggregation (”wall”).

 

  1. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”), which is also available on a platform publically. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness, otherwise we reserve the right to ban, delete or report this (“Content”).

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

 

  1. Representations and Warranties:

The Service is made available to you in reliance upon the following representations and warranties:

  1. a) User Representations.To access the Service, you must create a STREAMCHARTZ® Account by completing the registration process and become a paying client. In registering for a STREAMCHARTZ® Account you represent that: (a) you are at least eighteen (18) years old and that you, or if you are registering on behalf of a person or entity, are authorized to register for the Service; (b) all information provided to STREAMCHARTZ® is true and accurate; (c) you will maintain the accuracy of such information; (d) your use of the Service does not violate any applicable law or regulation; (e) you will use the Service only to aggregate posts and hashtags from social media accounts that you own or are authorized to use; (f) you will not use the Service for the purpose of violating any statute, rule, or regulation; (g) you will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code; (h) you will not use the Service to display posts that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and (i) you will not use the Service in any manner other than as described herein.

You also agree not to do any of the following:

  • Sell or resell the services we provide
  • Copy the source code of the Service or its content,
  • Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, modify, decompile, alter, duplicate, or make copies of the Service, or the Site,
  • Harass, threaten, embarrass or cause distress or discomfort to any End User, or any other individual or entity,
  • Access the Service by any means other than through the interfaces that are provided by streamchartz.com/admin for use in accessing the Service,
  • Impersonate any other person or entity, including without limitation any streamchartz.com official, or misrepresent your affiliation with any other person or entity, or
  • Send unsolicited bulk e-mail (spam) with a link to the Service (including widget code) or the Site, or a link to a web site that contains a link to the Service or the Site.
  • Modify or alter the streamchartz.com widget out of the scope of the customization options available in the streamchartz.com dashboard interface.

Remove or alter streamchartz.com logo and branding from the widgets or streamchartz.com pages in any way

  • Violate any applicable legislation, treaty, or other rule in force of Austria or any other political entity having jurisdiction over this Agreement, you, streamchartz.com, or the Service that we provide.
  • Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Service or users.
  • Run any bots or other software to aggregate or browse our content.
  • Infringe on anyone’s intellectual property rights.
  • Defame anyone or do anything that is illegal.
  • Use our Site, Service or widget for fraud.
  • Provide false or inaccurate content.
  • Impersonate any person or business entity or misrepresent your affiliation with a person or entity.
  • Not do anything possible in your hand to ban, delete or report missleading content
  • Collect or store personal information about users of our widget.
  • Otherwise act in a manner which, at streamchartz.com’s sole discretion, is

objectionable.

  1. b) User Representations referring to the Content. You also represent and warrant that: (1) the Content is yours (you own it) or you have the right to use it (through the publicly availability of the content) and grant us the rights and license as provided in these Terms, and (2) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

  1. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and take the code line our of your website CMS.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. Limitations of Liability

STREAMCHARTZ® does not represent or warrant that (1) the Service will be error-free or accessible at all times, (2) defects will be corrected, (3) the Service or the server that makes it available, are free of viruses or other harmful component, (4) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable, or (5) the various social networks limit the access to their individual API and stop providing the streaming of content for a certain time. STREAMCHARTZ® does not guarantee, and shall have no liability for, any Service down time (6) caused by outages to any public Internet backbones, networks or servers, (7) caused by any failures of your equipment, systems or local access services, (8) for previously scheduled maintenance, or (9) relating to events beyond STREAMCHARTZ’® control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where STREAMCHARTZ® or your servers are located or co-located. You use the service, the STREAMCHARTZ® technology and the site at your sole risk. The service, the STREAMCHARTZ® technology and the site are provided on an “as is” and “as available” basis. There are no warranties, claims or representations made by STREAMCHARTZ®, or any of its subsidiaries, officers, directors, employees, agents or affiliates either express, implied, or statutory, with respect to the service, the STREAMCHARTZ® technology and the site, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, coure of performance, or trade usage. All materials downloaded and or obtained through the use of the service is accessed at your own discretion and risk. You are solely responsilbe for, and hereby waive any damage, to your computer system, internet access, or loss of data that results from the download of such material. The foregoing exclusions and disclaimers are an essential part of this agreement. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.

(i)Disclaimer of Third Party Content. You understand that when using the Site, you will be exposed to other Users’ comments and third party content from a variety of sources, and that STREAMCHARTZ® is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such other clients’ comments or third party content. You further understand and acknowledge that you may be exposed to other Users’ comments and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against STREAMCHARTZ® with respect thereto. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with these links. You agree that the Service may include advertisements and that these advertisements may be necessary for STREAMCHARTZ® to provide the STREAMCHARTZ® Service. You further understand that the Service may include certain communications from STREAMCHARTZ® that you cannot opt out of receiving.

 

  1. Indemnity 

We cannot control or monitor the posts you choose to display. You understand that commercial movies, TV programs, and professional photographic images are subject to copyright laws, and it may be illegal to display such material without the express permission of the copyright owner. You are solely responsible for obtaining such consent, and agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

  1. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

  1. Prices

If you wish to purchase any product or service made available through the Service (“Prices”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your billing address, full name, company name, company address and website.

You represent and warrant that: (i) you have the legal right to purchase the Servic (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

  1. Your Copyright

We are serious about copyright infringement. For that reason, if you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The social media platform where the infringed content comes from
  • Time when the infringed post was published
  • The location on our Site or the Website using our widget which is infringing your copyright.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at: support@streamchartz.com

Although no similar provisions exist under EU law, we recommend that you submit similar information to us about any alleged infringement from an EU location

 

  1. Forum of Dispute

In case of any dispute between you and us, you agree that the proper forum to bring such dispute will be in a court or tribunal in Salzburg, Austria.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.

 

  1. Trademarks

“streamchartz.com” are trademarks used by us, “Bluforce Group”, to uniquely identify our Service & Site. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

 

  1. Social Media Logins & Services

To use the Services, you may be required to enable or log in to the Services via certain online third party services, such as Twitter, Facebook, Instagram, Google or other  (“Social Media Services”) in order to improve services provided by STREAMCHARTZ®. By logging in or directly integrating these Social Media Services into the Services, we provide the service and make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Media Services on the websites of their respective providers (you will provide your login information, like your password, directly to such Social Media Services). As part of such integration, Social Media Services will provide us with access to certain information that you have provided to such Social Media Services, and we will use, store and disclose such information in accordance to our Privacy Policy. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or Services that may be enabled within the Services.

  1. Amendments

 We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at support@streamchartz.com