These Terms and Conditions are the governing framework for the usage of this Service and the contractual agreement between You and the Company. They delineate the rights and responsibilities of all users concerning the use of the Service.
Your access to and utilization of the Service hinge on Your acceptance and adherence to these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and any other individuals accessing or using the Service. Please carefully review these Terms and Conditions.
Interpretation and Definitions
Company: refers to BROADSTREAM OU, also identified as “the Company,” “We,” “Us,” or “Our” in this Agreement.
Feedback: encompasses feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Service: mentioned at the Website.
Terms and Conditions (or “Terms”): represents these Terms and Conditions, serving as the comprehensive agreement between You and the Company governing the use of the Service.
Third-party Social Media Service: encompasses any services or content (including data, information, products, or services) offered by a third-party, which may be displayed, included, or accessible through the Service.
Website: refers to https://broad-stream.net
You: signifies the individual accessing or using the Service, as applicable.
Age Requirement
You affirm, guarantee, and commit that you are at least 18 years of age. By placing an Order for services, You certify that You possess the legal capacity to enter into binding contracts.
Privacy and Information Usage
By utilizing the services, you have also consented to our Privacy Policy. You acknowledge that we cannot guarantee the security or confidentiality of information you transmit via the Internet and your email communications. Consequently, you release us from any and all liability related to the utilization of such information by third parties.
Ownership of Information
The Service encompasses information that is proprietary to us. We assert our full copyright protection over the Service. Information published by us, whether identified as proprietary or not, may be legally safeguarded. You agree not to modify, duplicate, or disseminate any such information in any manner whatsoever without obtaining explicit permission from the owner of said information.
Cookies
Cookies are textual files that hold minimal quantities of technically pertinent data. They are primarily downloaded to and by a web browser on your device (e.g., a computer or smartphone) during your website visits. Cookies are identifiable by the website that initiated their download, as well as other websites using the same cookies. Below are the categories of cookies we use:
- Strictly Necessary Cookies
- Analytics Cookies
- Functionality Cookies
- Advertising Cookies
- Social Media Cookies
- Fraud Prevention Cookies
- First and third-party cookies
Copyright and Protection of Intellectual Property
We hold utmost regard for the intellectual property rights of others. If you are a copyright holder or authorized to act on behalf of one, and you believe that copyrighted work has been used in a manner constituting copyright infringement through the Service, please submit a written notice to our attention through our copyright agent via email at [email protected]. In your notice, include a comprehensive description of the alleged infringement. Misrepresenting that any Content infringes your copyright may lead to you being held liable for damages, including legal costs and attorney’s fees.
DMCA Notification and DMCA Process for Copyright Infringement Claims
You can submit a notification according to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following written information (refer to 17 U.S.C 512(c)(3) for more details):
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work you claim has been infringed, including the URL (i.e., web page address) where the copyrighted work is located or a copy of it.
- Identification of the URL or specific location on the Service where the allegedly infringing material is situated.
- Your contact details, including address, phone number, and email.
- A statement from you, made under penalty of perjury, confirming that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
You can reach our copyright agent via email at [email protected]
Upon receiving such a notification, the Company will take appropriate action at its sole discretion, which may include removing the contested content from the Service.
Your Feedback to Us
Any Feedback you provide to the Company becomes the exclusive property of the Company. In the event that such assignment of rights is ineffective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without limitations.
Links to Other Websites
Our Service may include links to third-party websites or services that are not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, without any warranty of any kind. To the fullest extent permitted by applicable law, the Company, on behalf of itself and its Affiliates, licensors, and service providers, disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This also includes warranties that may arise from course of dealing, course of performance, usage, or trade practice. The Company makes no warranty that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, be error-free, or that any errors or defects will be corrected.
Furthermore, neither the Company nor any of its providers makes any representation or warranty of any kind, express or implied, including but not limited to:
- The operation or availability of the Service, or the information, content, and materials or products included therein.
- That the Service will be uninterrupted or error-free.
- The accuracy, reliability, or currency of any information or content provided through the Service.
- The absence of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components in the Service, its servers, the content, or emails sent from or on behalf of the Company.
Some jurisdictions may not allow the exclusion of certain types of warranties or the limitation of certain rights under applicable law, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent permitted by applicable law.
Governing Law
Any dispute shall be referred to and finally resolved by arbitration under the LCIA Rules (London Court of International Arbitration), which Rules are considered incorporated by reference into this clause.
The arbitration shall have one arbitrator. The seat or legal place of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law shall be the substantive law of the United Kingdom.
Dispute Resolution
If you have any concerns or disputes about the Service, you agree to initially attempt to resolve the dispute informally by contacting the Company.
For European Union (EU) Users:
If you are a European Union consumer, you may benefit from mandatory provisions of the law of your resident country.
United States Legal Compliance:
You confirm and warrant that:
- You are not located in a country subject to a United States government embargo, or designated by the United States government as a “terrorist-supporting” country.
- You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability: If any provision of these Terms is deemed unenforceable or invalid, that provision will be modified and interpreted to achieve its objectives to the fullest extent permitted by applicable law, and the remaining provisions will remain in full force and effect.
Waiver: Unless stated otherwise, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise that right or require that performance at any future time. The waiver of a breach shall not constitute a waiver of any subsequent breach.
Translation Interpretation
If We have made these Terms and Conditions available to you in a language other than English, you agree that the original English text shall prevail in the event of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significant, we will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. The determination of what constitutes a material change will be at our sole discretion. If you do not agree with the new terms, either in whole or in part, please discontinue your use of the website.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us via email at [email protected]
Our website located at https://broad-stream.net and owned by BROADSTREAM OU.
Last updated: January 15, 2024