Terms of Service


Last Revised: March 12, 2015

Welcome to Streamable.

These terms of service (these “Terms”) apply to the services provided by Apricot Mountain Inc. (“Streamable,” “we,” “us” or “our”) via http://streamable.com (the “Site”) (collectively, the “Service”).


Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the Service.


Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.


Privacy Policy

For information about how we collect, use and share information about users of the Service, please see our Privacy Policy.


Description of the Service

The Service enables you to post, store and make available to you and others videos, photographs, music, sounds, images, software, and other materials (“User Content”). For more information about the Service, please see our FAQs.


Creating Accounts

When you create a member account you agree to maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Streamable reserves the right to deny, deactivate, or terminate any account at our discretion.


Right to Use the Service

On the condition that you fully comply with these Terms, Streamable grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service. Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service or (f) attempt to gain unauthorized access to the Service or its related systems or networks.


Prohibited Use of the Service

You may not post, store or otherwise make available on or through the Service any of the following:

Also, you may not do any of the following in connection with the Service or other users:

Your use of the Service is at your own risk. Streamable is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm.

When you post, store or otherwise make available User Content to the Service, you grant us a nonexclusive, royalty-free, perpetual and fully sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, perform and display such User Content in order to provide the Service. Also, when you post, store or otherwise make available User Content to the Service, you grant us a nonexclusive, royalty-free, perpetual and fully sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, perform and display such User Content for our business and marketing purposes.

You represent and warrant that (a) you own and control all of the rights to all User Content that you post, store or otherwise make available to the Service, and (b) your posting, storing or otherwise making available of User Content does not violate these Terms and will not cause injury to any person or entity or violate, misappropriate or infringe any intellectual property rights, rights of privacy, rights of publicity or any other rights of any individual or entity.

As a provider of the Service, Streamable is not liable for User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have the discretion, to screen, edit or remove any User Content at any time, for any reason and without notice.


Reporting and Removal

Streamable users may report User Content to Streamable that he/she thinks violates these Terms, and Streamable may remove that Content, suspend or terminate the account of the user who posted, stored or otherwise made available User Content and/or take additional action to enforce these Terms against such user.

Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Streamable has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. We also may, at our discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you think that anything on the Service infringes upon any copyright that you own or control, you may file a notification with Streamable's Designated Agent as set forth below:


           Designated Agent: Armen Petrosian

           Address of Designated Agent: 548 Market St. #27273, San Francisco, CA 94104

           Telephone Number of Designated Agent: 888-607-2270

           Fax Number of Designated Agent: 415-484-7625

           Email Address of Designated Agent: dmca@streamable.com


Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees. Streamable or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity.


Feedback

Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.


Streamable Property

Streamable’s name, trademarks, logos, and any other Streamable product, service name, or slogan included in the Service are property of Streamable and may not be copied, imitated, or used (in whole or in part) without Streamable’s prior written consent. All information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Streamable or is used with permission. Streamable reserves all rights not expressly set forth in these Terms.


Third Party Materials

We may make third party content or services available on or through the Service as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Our users may also include Third Party Materials in the User Content that they post, store or otherwise make available to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Service, you should be aware that these Terms and all other Streamable policies no longer govern your use of other websites and services.


Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.


Limitation of Liability

IN NO EVENT WILL STREAMABLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND USER CONTENT), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.


Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Service, the User Content you have posted, stored or otherwise made available via the Service, or any violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Streamable account.


Changes to the Service

Streamable reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Streamable will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.


Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@streamable.com.


Suspension and Termination

Streamable may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at Streamable's discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support@streamable.com.


Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH STREAMABLE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STREAMABLE.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Streamable agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If a settlement is not reached within a period of 60 days, then either party may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. Each party gives up such party’s right to litigate such party’s disputes and may not proceed to arbitration without first trying mediation, but you and Streamable are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Streamable will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.


General

Third-Party Infrastructure

Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that Streamable uses a third party hosting infrastructure in connection with the Service (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and Streamable assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.

Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@streamable.com.

Severability

If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Force Majeure

Streamable is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by Streamable, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

Notice for California Users

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.


QUESTIONS

If you have any questions regarding the use of the Service, please email Streamable at support@streamable.com.