1. ACCEPTANCE OF TERMS
2. DEFINED TERMS
“Services” means the proprietary OUTSTREAM software application (“Software”) and all other services and resources offered or enabled via the Site by OUTSTREAM or any users of the Site, including download areas, collaboration or other tools, product and other information services and communication services such as bulletin boards, chat areas, calendars, communities, e-mail, forums (including lab and user forums), newsgroups, personal web pages, photo albums and other message or communication facilities designed to enable or facilitate your communication and collaboration with others. All Services provided by OUTSTREAM are referred to as “OUTSTREAM Services”.
All Materials provided by OUTSTREAM are referred to as “OUTSTREAM Materials.” All content and Materials provided by users of the Site are referred to as “User Materials”. All information (such as data files, written text, computer software, music, audio files, photographs, templates, videos, or other images) which you may post or have access to as part of or through your use of the Services (including OUTSTREAM Materials and User Materials) is referred to as “Content”. Content is the sole responsibility of the person from which such content originated. Certain of the Services, including OUTSTREAM Services, may involve collaboration and/or file sharing among users and/or a specified group of users. Materials posted by users in conjunction with such collaboration and file sharing Services are referred to collectively as “Shared Content”.
3. PROVISION OF SERVICES BY OUTSTREAM
OUTSTREAM endeavors to innovate constantly to provide the best possible experience for the Site’s users. You acknowledge and agree that the form and nature of the OUTSTREAM Services and OUTSTREAM Material which OUTSTREAM provides on the Site and any Services or Materials which are enabled by the Site may change from time to time without prior notice to you. You acknowledge that OUTSTREAM may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or other users of the Site, generally at OUTSTREAM’s sole discretion, without prior notice to you. OUTSTREAM, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time and may disclose any information related to your use of the Services and the Materials, or the substance of any or your posted or submitted Materials, as OUTSTREAM deems necessary to comply with applicable law, regulation, legal process or governmental request.
You acknowledge and agree that if OUTSTREAM disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while OUTSTREAM may not currently have set any upper limit on the number of transmissions or files that you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such an upper limit may be set by OUTSTREAM at any time, at OUTSTREAM’s discretion.
4. USE OF SERVICES BY YOU
You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by OUTSTREAM to you, unless you have been specifically granted permission to do so in a separate agreement with OUTSTREAM. You specifically agree not to access (or attempt to access) any of the Services, Materials, through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means. You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to or accessible through the Services or the Site).
Unless you have been specifically permitted to do so under a separate agreement with OUTSTREAM, you agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Services for any purpose. You also agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner. Some examples of improper use of the Site, Services or Materials include:
- Collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
- Transmitting unsolicited or bulk communications to any Site account holder or to any OUTSTREAM.uk or affiliated e-mail address;
- Posting or otherwise submitting any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
- Creating a false identity for the purpose of misleading others;
- Downloading any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
- Removing or falsely adding to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
- Making available any files or Content containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials;
- Using any Materials in a manner that infringes any Intellectual Property Rights or rights of any party;
- Disrupting, interfering or inhibiting any other user from using and enjoying the Site or other affiliated or linked sites, the Services or the Materials;
- Posting or otherwise submitting any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lewd, lascivious, obscene, profane, racist, unlawful or otherwise objectionable.
- Preparing, compiling, using, downloading or otherwise copying any Site user directory or other user or usage information or any portion thereof, or transmitting, providing or otherwise distributing (whether or not for a fee) such directory or information to a third party;
- Engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise);
- Violating the rights of OUTSTREAM or any third party (including the rights of privacy and publicity) or abusing, defaming, harassing, threatening or stalking another;
- Using any OUTSTREAM domain name as a pseudonymous return e-mail address;
- Marketing any goods or services for any business purpose (including advertising and making offers to buy or sell goods and services), unless specifically permitted to do so by OUTSTREAM.
5. PRIVACY AND YOUR PERSONAL INFORMATION
6. DISCLOSURES AND REPRESENTATIONS ON CONTENT
You are notified that any Content presented to you or made available to you as part of the Services (including Content provided or shared by other users of the Site) may be protected by intellectual property rights which are owned by the persons or entities that provided such Content to the Site. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (unless you have been specifically informed that you can do so by OUTSTREAM or by the owners of that Content, in a separate agreement. OUTSTREAM reserves the right (but has no obligation) to flag, review, pre-screen, filter, modify, refuse or remove any or all Content from the Services and/or the Site.
You also agree that by using the Services and the Site you may be exposed to Content that you may find objectionable, indecent, or otherwise offensive, and that, you use the Services and the Site at your own risk. You agree that you are solely responsible for (and that OUTSTREAM has no responsibility to you or any third party for) any Content that you create, display, submit or transmit while using the Services or the Site and for the consequences of your actions (including any loss or damage which OUTSTREAM may suffer) by doing so.
7. LINKS TO THIRD PARTY SITES
The Services, the Materials and the Site may include links to other sites outside of the Site (“Linked Sites”). Any Linked Sites are provided to you as a convenience and any inclusion of these links do not imply any endorsement by OUTSTREAM. OUTSTREAM has no control over any Linked Site, any link contained in any Linked Site or any changes or updates to any Linked Site.
You acknowledge and agree that OUTSTREAM is not responsible of any form of transmission received from any Linked Site.
8. PROPRIETARY RIGHTS
You acknowledge and agree that OUTSTREAM (or OUTSTREAM’s licensors) owns all legal right, title and interest in and to the Site, the Services and OUTSTREAM Materials, including any intellectual property rights which subsist in any (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise with OUTSTREAM, you agree that you are responsible for protecting and enforcing those rights and that OUTSTREAM has no obligation to do so on your behalf. You agree that you shall not remove, alter or obscure any proprietary rights notices (including any copyright and trademark notices) which may be affixed to the Site, the Services or any Materials.
Unless you have been expressly authorized to do so in writing by OUTSTREAM, you agree that in using the Services, the Site and Materials, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. COPYRIGHT AND TRADEMARK POLICIES
Except as permitted by the copyright law applicable, you may not reproduce or communicate any of the content on this Site, including files downloadable from this website, without the written permission of the copyright owner. It is OUTSTREAM’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringes.
10. LICENSE TO YOU
You may not (and you may not permit anyone else to) copy, reverse engineer, create a derivative work of, or recompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically permitted to do so by OUTSTREAM. Unless OUTSTREAM has given you written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, the Site or the Materials, grant a security interest in or over your rights to use the Software, the Site or the Materials, or otherwise transfer any of your rights to use the Software, the Site or the Materials.
11. INDEMNITY; LIABILITY AND GRANT OF REMEDY
12. WARRANTIES AND DISCLAIMERS
This site, services and materials may include technical or other mistakes, inaccuracies or typographical errors. OUTSTREAM makes changes to the site, services and materials which may include changes in pricing and description of any software, services or materials listed, at any time and in its sole discretion and without notice. The site, services and materials may be out of date, and OUTSTREAM makes no commitment to update the site, services and materials.
You acknowledge and agree that OUTSTREAM does not control, endorse or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites; (ii) OUTSTREAM makes no representations or warranties whatsoever about any such third parties, their sites, services or materials; any dealings you may have with such third parties are at your own risk; and (iv) OUTSTREAM shall not be liable or responsible for any services or materials offered by third parties.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
13. LIMITATIONS OF ATCOM’S LIABILITY
In no event shall OUTSTREAM, its employees, officers, directors, partners, vendors, suppliers, successors and assigns be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if OUTSTREAM has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract, warranty, negligence or other tortious action, or any other claim arising out of or in connection therewith (i) the access or use of or the inability to access or use the site, services, or materials; (ii) the statements or actions of any third party on or via the site, services or materials; (iii) any dealings with vendors, suppliers or other third parties; (iv) any unauthorized access to or alteration of your transmissions, content, user materials or other data; (v) any information that is sent or received or not sent or received; (vi) any failure to store or loss of data, files, materials or other content; (vii) any services available that are delayed or interrupted; (viii) any web site referenced or linked to or from this site; or (ix) your access to or use of or inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages and so the limitations and exclusions stated above may not apply to you.
14. JURISDICTION AND VENUE
By accessing this Site, the Services and Materials you agree that all matters relating to your access to, or use of, this Site, the Services and Materials shall be governed by the statutes and laws of United Kingdom, without respect to conflicts of laws principles thereof. Any disputes arising out of the use of this Site will be subject to the exclusive jurisdiction of the Courts of England and Wales.