This is a legal agreement ("Agreement") between you VuPulse LLC, a Delaware C Corp ("StreamEasy”). By accessing the StreamEasy website, currently located at www.StreamEasy.com (the "Site"), and by using any of the services accessible through the Site (the “Services”), you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or any of the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR ANY OF THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. This Agreement is subject to change by continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
These terms and conditions ("Terms") govern your access to and use of the Services, and any information, text, graphics, videos, or other materials appearing on the Site (collectively referred to as "Content"). Your access to and use of the Services is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. By accessing or using the Services, you agree to be bound by these Terms.
StreamEasy is an online platform that provides users a framework to “cobble together” the entertainment choices they want and facilitates the ordering of those choices. Through the Services available on the Site, StreamEasy helps users figure out the best combination of internet, live TV, streaming video and streaming audio entertainment services for them based on their preferences. Its StreamEasy database and algorithms gives consumers a way to navigate the confusing amount of choices in the rapidly evolving online entertainment landscape and cherry-pick only the services they want into a personalized selection.
These Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for StreamEasy granting you access to and use of the Services, you agree that StreamEasy and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
All Content is subject to copyright with all rights reserved and may not be duplicated, disseminated, or appropriated by others without StreamEasy’s express permission, with the exception of uses outline within the fair use defense codified in Section 107 of the Copyright Act.
Subject to your compliance with these Terms, StreamEasy grants you a non-exclusive and non-transferable single user license to download and install one (1) copy of the Site to your mobile device, tablet and/or computer, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute a Site for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
In order to access, use or receive certain Services, you may need to register and create an account ("Account") and become a "Registered User" by registering through our Site. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
By accepting the StreamEasy Terms of Service you will automatically be opted in to receive our newsletter and updates. StreamEasy may send updates and/or alerts based on users’ preferences and selections. Updates and alerts may include the latest developments on entertainment software or hardware, additional tools to save on entertainment costs, helpful hints, sneak peeks, trailers, reminders previews and offers from partners. You can always opt out of these communications.
You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. StreamEasy is not liable for any loss or damage arising from your failure to comply with the above requirements.
In order to provide you with certain Services, you have the option of providing StreamEasy with your username/login and password to various social networking and online sites and accounts that you wish to link with your Account. If you decide to share your usernames and login credentials to these other accounts, you grant StreamEasy permission to log in on your behalf and access these accounts solely to the extent necessary to provide these Services. StreamEasy will otherwise keep your password confidential. You are still responsible for maintaining the confidentiality of your password(s) and account(s) and are fully responsible for all activities that occur under your username(s) or account(s).
Online entertainment service prices listed DO NOT include the cost for internet service. Internet rates and terms vary by internet service provider. In addition, although StreamEasy endeavors to provide the most accurate and up to date information possible, StreamEasy is not responsible for any listing errors or changes of third party providers, including, without limitation, any online entertainment service prices, content available, devices supported and other service related details.
We may charge fees for the use of certain portions or aspects of our Services, which will be described in the Services and/or these Terms. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the mobile features of the Services, and you are responsible for the payment of those charges and rates.
StreamEasy is a place where Registered Users may be able to write, contribute and edit Content through the Services. While we intend StreamEasy to be a collaborative space where users may share useful and interesting information about online entertainment services, StreamEasy is not responsible for screening and/or verifying that the information provided on or through the Services and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice.
Should StreamEasy make sharing content on its website available, by uploading, posting, submitting or otherwise transmitting any Content through the Services, you grant StreamEasy a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving and promoting the Services. You agree that this license includes the right for other users of the Services to access, view, modify, edit, download and print any Content for their own personal and non-commercial purposes. StreamEasy does not claim any ownership rights in your Content and you retain ownership rights to any Content you submit, post or display on or through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.
If you remove your Content, StreamEasy may retain a copy of your Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement should be sent via email to:copyright@StreamEasy.com.
We reserve the right to remove Content in violation of this policy without prior notice and at our sole discretion. In appropriate circumstances, StreamEasy may also terminate your Account if you are determined to be a repeat infringer.
Please review the Guidelines for posting on StreamEasy (which are a part of these Terms) to better understand what is prohibited on the Services. You agree that you will not post, upload, submit or otherwise transmit Content that: (i) is an advertisement or endorsement of a product or service; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities or substances; (v) contains items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall (vi) is harassing, threatening or insulting to others; (vii) violates the privacy, publicity, moral or any other proprietary rite of others; (viii) is defamatory, obscene, pornographic, vulgar or offensive; or (ix) otherwise violates these Terms.
You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, StreamEasy's computer systems, or the technical delivery systems of StreamEasy's providers; (ii) gather and use information, such as other users' names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that StreamEasy has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, StreamEasy and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding StreamEasy or the Services ("Feedback") will be the sole and exclusive property of StreamEasy and you hereby irrevocably assign to StreamEasy all of your right, title and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, StreamEasy grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by StreamEasy solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by StreamEasy or its licensors, except for the licenses and rights expressly granted in these Terms.
You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, StreamEasy will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. StreamEasy will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to StreamEasy under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
You understand and agree that the Services and Content, and all materials, information, products and services included therein, are provided to you on an "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, StreamEasy EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Services is at your sole discretion and risk. StreamEasy will not be responsible for any harm to your computer, mobile device or tablet computer, loss of data or other harm that results from your use of the Services. StreamEasy makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
StreamEasy makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services. The Content, including all related information and commentary made available through the Services is for informational purposes only. UNDER NO CIRCUMSTANCES WILL StreamEasy BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services
You agree to defend, indemnify, and hold StreamEasy, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STREAMEASY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT STREAMEASY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If you have any questions about these Terms, please contact: terms@StreamEasy.com.
--Last updated July 31, 2019
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Our primary goals in collecting information are to provide and improve our Services and to enable users to enjoy and easily navigate the Services.
In the course of using the Services, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). We use your Personal Information mainly to provide our Services and administer your inquiries. For example, when you create an account through the Services and become a "Registered User" or when you choose to create your own profile webpage, we may ask you for Personal Information.
We also use your Personal Information to contact you with StreamEasy newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "user preferences" information within your account profile.
We also collect the other information that you provide as part of registration and the administration and personalization of your profile page (e.g., without limitation, zip code (on its own) and individual preferences, such as viewing preferences) ("Non-Identifying Information"). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences).
We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver information to you according to your preferences or restrictions.
Site Usage Information When you use the Site, our servers will automatically record information that your mobile device sends or transmits, including, but not limited to, the model and device ID number of your mobile device, user settings, location (if you enable this feature) and information about your use of the Site ("Site Usage Information"). We only store, track and monitor general usage and not information specific to any user. We use this information to provide and improve the Services, develop new products, and offer products and services that may be of interest to you.
When you visit or use the Site or a site that has StreamEasy features our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol (IP) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit (or of the site you visited that had the StreamEasy feature), the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Services and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Like many websites, we use "cookies" to collect Log Data and other information. A cookie is a small data file that your browser places on your computer that helps us understand how you interact with the Site and use our Services. It may also be used to better target advertisements, marketing and content on our site/app and via partners. We use two types of cookies. We use persistent cookies to save information like your Account settings and login information, so that we can remember you and your settings when you return to the Site. We use session ID cookies to enable certain features of the Site or our Services, but unlike persistent cookies, session cookies are deleted when you leave or log off from the Site and/or when you close your browser. Third-party advertisers on the Site may also place or read cookies on your browser. Most Internet browsers automatically accept cookies but you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.
We may share aggregated and/or anonymized information that does not include Personal Information and we may otherwise disclose Non-Identifying Information, Site Usage Information and Log Data with third parties (including suppliers, advertisers, partners, research companies and other organizations) for industry analysis, demographic profiling, targeting and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information. By accepting our Terms of Service, you grant us the right to anonymize and use your Data for purposes that will enhance the value we provide our users. This may include using anonymized data from our users to create insightful models and provide information and targeting capabilities to advertisers and partners.
We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement StreamEasy cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of StreamEasy or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
StreamEasy may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
All registered users may review, update, correct or delete their Personal Information by contacting us or by making the appropriate modifications in your user account preferences through the Site. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us at privacy@StreamEasy.com and we will attempt to accommodate your request, however, we may have to retain a copy of some of your information for record keeping purposes.
StreamEasy is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access, however, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Site contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
This Site is not directed to children and we do not knowingly collect personally identifiable information from children under 13. If we become aware that we have collected Personal Information from a child under 13, we will take steps to delete such information from our files as soon as possible.
--Effective July 31, 2019. Last Updated July 31, 2019.