END USER LICENSE / TERMS OF SERVICE AGREEMENT
IMPORTANT NOTICE - PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. THEY SHALL
GOVERN YOUR USE OF THE StreamFacts SOFTWARE, SERVICE AND SITE. IF, AFTER READING THESE TERMS AND
CONDITIONS OF USE, YOU WISH TO USE THE SERVICE AND SOFTWARE PLEASE INDICATE YOUR ACCEPTANCE HEREOF
BY CLICKING "I AGREE" AT THE END.
1. TERMS AND CONDITIONS OF USE
The StreamFacts application with respect to all product versions and version updates until further
notice, as defined herein below, and any accompanying product and/or feature and/or addition thereof
(together, the "Service") and the software enabling the use thereof (the "Software"), are provided
by StreamFacts and/or its affiliates and subsidiaries (collectively "SrteamFacts_DS" or
"SrteamFacts") to you ("you" or "your") and others who use the Service and Software (collectively
"User" or "Users"), subject to these terms and conditions of use and all modifications thereto
including all rules that may be published from time to time by StreamFacts ("Terms and Conditions"
or "Agreement"). This Agreement shall also govern your use of the Site currently located at www.
Stream-Facts (the "Site").
Your use of the Software, Service, and Site, including any content and software contained therein,
signifies your understanding and agreement that such use is entirely at your own risk. You agree to
use the Software, Service and Site solely for your personal use.
The Service is provided to any user who agrees to be bound to this Agreement and by additional terms
that shall be added by StreamFacts from time to time.
You agree not to transfer or resell the Service or Software, in whole or in part, to any third
party, or allow unauthorized access to the Service or Software, by any third party.
1.2 CHANGES IN TERMS AND CONDITIONS OF USE
StreamFacts may change these Terms and Conditions from time to time and at any time, with or without
a release of a new version of the Software, and without actual notice to you. All such changes to
this Agreement will appear on the Site. StreamFacts may provide additional notice of such changes by
providing a link from the Service to the Site. You agree that your continuing to use the Software,
Service and/or Site for a period of thirty (30) days after such notice has been posted on the Site
for the first time shall constitute your consent to the new or revised set of Terms and Conditions.
2. YOUR ACCESS
You are responsible for obtaining and maintaining the equipment and services necessary to access and
use the Software, Site and Service and for any telephone charges associated with connecting to the
Internet to use the Service.
3. AUTHORIZED PERSONS
You are responsible and liable for any activity by any person who uses the Service.
4. SOFTWARE LIMITED LICENSE AND USE POLICY
The Software that will enable you to use the Service may have been downloaded from the Site or
another authorized web site. If you have downloaded StreamFacts - you acknowledge that no payment
was made by you for the Software, regardless of the method of delivery, and if payments were made,
they were made for other equipment, products or services and not for the Software. To ensure the
proper functionality and security of the Service always make sure you are using a current and
authorized copy of the Software.
The Software is being licensed to you by StreamFacts on an "AS IS" basis, for your private personal
use only. Except as expressly permitted hereunder, you agree not to extract or harvest any
information from any portion of the Service, including without limitation, from any User Profile, or
any other portion of the Service or the Site, or to reverse engineer, decompile, disassemble, alter,
duplicate, make copies of, distribute or provide others with the Software, the StreamFacts
communications protocols or any information available on, derived or extracted from the Service or
any part of the foregoing.
StreamFacts may, at its sole discretion, limit, deny, or create different levels of use for
different users, or cancel some or all of the functionality of the Software or the Service at any
time, without prior notice.
5.1. During the installation process of the Software, one icon shall be placed at your desktop - for
launching the Software. These desktop icons can be easily removed from the desktop at any time by
selecting them and pressing the ‘Delete’ button on your keyboard.
5.2. During the installation process StreamFacts may offer you to install more offers and/or to add
a toolbar in your existing browsers. You can choose not to accept these changes by Unchecking the
relevant check boxes.
5.3. StreamFacts may change from time to time, without noticing you: (1) the content, design or
layout StreamFacts .
5.4. You may uninstall the Software anytime by using “Add or Remove Programs” dialog under the
Control Panel. You may uninstall other offers that were installed during StreamFacts installation as
mentioned in those offers’ terms and conditions.
5.5 During the installation process, after user accepts the terms and conditions the installer will
send non personal statistics as follows:
StreamFacts installer and applications will track and send statistical information using the
internet. The gathered data is for statistical purposes only. No personal user data is tracked. The
gathered data includes but not limited to – Tracking computer unique identifier, tracking the
installation progress, Tracking application usage such as but not limited to application started,
application closed etc.
6. PRIVACY STATEMENT
This statement applies to StreamFacts information collection and use policies with respect to
use of the Site and Service. Amendments to this statement will be posted at this URL and will be
effective when posted. Your continued use of this Site or the Service following the posting of
any amendment, modification or change to this statement shall constitute your acceptance
6.1 THE SITE
We do not request nor collect any personal information from Users who simply visit the
6.2 THE SERVICE
The software enables the user to downloads videos from streaming video sites such as YouTube.
The Service allows users to store copies of videos for time shifting purposes which is counts as
fair use under U.S. copyright law, as decided in the Betamax case.
6.4 NON- PERSONALLY IDENTIFIABLE INFORMATION
StreamFacts installer will track and send statistical information using the internet. The
gathered data is for statistical purposes only. No personal user data is tracked. The gathered
data includes but not limited to – Tracking computer unique identifier. Tracking application
usage such as but not limited to application started, download started, download complete etc.
StreamFacts will use certain non-personally identifiable information provided by Users for the
a) To create, aggregate non-personal demographic reports about the Users of the Service.
6.5 COMPUTER SETTINGS
StreamFacts may collect settings, technical and other information from Users' computers, such as
a computer's operating system, StreamFacts versions and browser versions used, connectivity,
various communication parameters and other information related to the operation and interaction
of the Software, subject to the provisions herein. This information will neither contain nor be
linked to any personally identifiable information.
6.6 IP ADDRESSES
An Internet Protocol address is a number that's automatically assigned to a computer when using
the Internet. Web servers can automatically identify individual computers by their IP address.
StreamFacts may collect IP addresses to:
a) Facilitate system administration;
b) Diagnose system problems;
StreamFacts does not link IP addresses to any personally identifiable information, even if such
information is voluntarily provided by a User.
7. PROPER USE
You agree that you will use the Service in compliance with all applicable local, state,
national, and international laws, rules and regulations. You shall not, shall not agree to, and
shall not authorize or encourage any third party to: (i) prevent others from using the Service;
(ii) use the Service for any fraudulent or inappropriate purpose; or (iii) act in any way that
violates the Service policies, as may be revised from time to time.
We may use an outside advertising company to display advertisements on the Site and Service.
These ads may contain cookies. The advertisement company may collect cookies received with
by the advertising company.
9. INTELLECTUAL PROPERTY RIGHTS
As between StreamFacts and you, StreamFacts is the sole owner of the Software, Service, and
Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents,
trademarks, and trade secrets, and other intellectual property rights thereto. Except as
otherwise specifically provided in these Terms and Conditions, you may not download or save a
copy of the Service or Site or any portion thereof, for any purpose. All title and intellectual
property rights in and to the content of any third party web site which may be linked to or
viewed in connection with the Service is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and treaties. This
Agreement grants you no rights to use such content except as allowed by such third party.
10. DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, StreamFacts SPECIFICALLY
DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF StreamFacts, ITS SUBS, AND ITS AFFILIATES)
OFANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE,
SERVICE OR SITE ; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITE, INCLUDING WITHOUT LIMITATION AS A
RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. StreamFacts DOES NOT WARRANT OR GUARANTEE THAT
(1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES,
FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR
SERVICES PERFORMED BY StreamFacts (AND FOR LIMITATION OF DOUBT, ITS AFFILIATES), WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE
WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION,
EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER
INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT
DAMAGE YOUR INFORMATION OR SYSTEM.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL StreamFacts, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, ,
SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND
THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR
INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF StreamFacts SHALL HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS
PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, StreamFacts’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES,
PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL
StreamFacts’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND
AFFILIATES)WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED THE HIGHER OF (I) ONE
HUNDRED ($100) U.S. DOLLARS, OR (II) THE ACTUAL CONSIDERATION RECEIVED BY StreamFacts FOR THE
USE OF THE SOFTWARE AND SERVICE.
By agreeing to use the Software, Service and/or Site, you agree to defend, indemnify and hold
StreamFacts, its affiliates, officers, directors and employees harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from
your use of the Service or Site or the creation, the placement or transmission of any message,
information, software or other materials through the Service by you or users authorized by You
or related to any violation of these Terms and Conditions by You or any user authorized by you.
13. CANCELLATION AND TERMINATION
StreamFacts may, at its sole discretion, terminate the Service, permanently or temporarily, at
any time and without cause. Except as otherwise expressly provided herein, all sections of these
Terms and Conditions which by their nature should survive termination will survive termination,
including, without limitation, indemnities, warranty disclaimers, and limitations of liability.
14. PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force and
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your
rights or obligations under this Agreement. StreamFacts may transfer, assign sublicense or
pledge in any manner whatsoever, any of its rights and obligations under this agreement to a
subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying
you or receiving your consent.