WEBSITE TERMS OF USE

These Website Terms of Use (“Terms of Use”) apply to the HiperStream website located at www.hiperstream.com and all associated sites linked to it by Hiperstream (“Website”). Please read these Terms of Use carefully as they are a binding agreement between you and HiperStream Inc. and its subsidiaries (“HiperStream” or “We”).

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THEM, DO NOT USE THE WEBSITE.

HiperStream reserves the right to change, add or remove parts of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the updating of these Terms of Use with changes mean that you accept and agree to such changes.  HiperStream may also change or discontinue any aspect, service or feature of the Website at any time, including but not limited to, content, availability, and equipment needed for access or use. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Website.

 

 

These Terms do not apply to your access to and use of Hiperstream Platform and related services, which are governed by the Platform Subscription Agreement and the Privacy Policy, as applicable.

YOUR ACCOUNT

In order to have access to and participate in certain features of the Website You may be required to register via an online registration form and create a user account (“Your Account”). We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. 

Please keep your password confidential and do not share your account with anyone else. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that under your account as a result of your failing to keep this information secure and confidential. If you believe that your account has been compromised at any time, please notify us via e-mail to ti_infra@hiperstream.com.

HIPERSTREAM CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed to HiperStream, and is protected by trade dress, copyright, patent and trademark laws, as well as other intellectual property rights and competition laws.

Except as expressly provided in these Terms of Use, no part of the Website, including Our Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without HiperStream prior written consent.

You may display, copy and download Content from the Website solely for your personal and non­-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

USER CONTENT

You may post text, photographs, videos, or other content (“User Content”) on the Website. You can only post User Content if you own all the rights to that User Content, or if another rights holder has given you permission. You do not transfer ownership of your User Content simply by posting it. However, by posting User Content, you grant us an irrevocable, perpetual, non-exclusive right to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your User Content, even if you stop using our Website. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Content you post. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, HiperStream reserves the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

You agree that you will not upload, post or otherwise transmit any User Content that (a) violates the rights of others, including any User Content that may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains expressions of bigotry, racism, xenophobia, hate speech, vulgarity or profanity; (d) contains or advocates pornography or that is otherwise obscene or lewd; (e) violates any law or advocates violent behavior; (f) poses a threat to personal or public safety; (g) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such other proprietary right; (h) does not generally pertain to the designated topic of any given blog or discussion area within the Website; (i) contains any unsolicited or unauthorized advertising or promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (j) uses the name or allows identification of a natural person without such person’s consent; and (k) contains a virus or other harmful or disruptive component.

HiperStream reserves the right to monitor User Content posted in the Website to determine compliance with these Terms of Use, as well as to screen, edit, refuse to post or remove without notice any User Content posted in the Website at any time and for any reason. HiperStream reserves the right, at its own discretion, to prevent any person deemed to have violated the rights of others, including intellectual property rights, from posting any further material on the Website.

HiperStream is not responsible for, and does not endorse, User Content posted by you or any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damaged caused to you or any third party in connection with any such User Content. 

You shall be solely liable for any damage resulting from any violation of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from User Content you post.

YOUR USE OF THE WEBSITE

YOU MAY (a) comply with these Terms of Use and other policies applicable to the use of the Website; (b) comply with all applicable laws and governmental regulations regarding, including, but not limited to, with regard to intellectual property, data privacy, and export control; (c) upload or post only User Content to which you own all required rights under law and under contractual and fiduciary relationship, as applicable; (d) use commercially reasonable efforts to prevent unauthorized access to or use of your account; (e) keep passwords and all other login information confidential; (f) monitor and control all activity conducted through your account; and (g) promptly notify HiperStream if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account.

YOU MAY NOT  (a) interfere with or disrupt the Website or the servers or networks connected to the Website; (b) engage in any activity that would constitute a criminal offense or give rise to a civil liability; (c) impersonate any person or entity or falsely state your affiliation with any person or entity; and (d) interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Website or posting private information about a third party; (e) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures of the Website or any network connected to the Website; (f) take any action that imposes a disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website; (g) reverse look-up or trace any information on any other user or visitor of the Website, or any customer of HiperStream, including any account not owned by you, or exploit the Website or any service or information made available through the Website, with the purpose to reveal any information, including but not limited to personal information, other than your own information; (h) use any automatic device to access, acquire, copy or monitor any portion of the Website or any Content, or in any way circumvent the navigational structure of the Website or any Content to obtain any materials, documents or information not purposely made available through the Website; (i) attempt to gain unauthorized access to any portion or feature of the Website, or to any of the services offered through the Website, by hacking, password “mining” or any other illegitimate means; (j) interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;  and (k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message you send to HiperStream through the Website or any service offered through the Website; (l) use any service, technology or automated system to artificially inflate the page views that your User Content receives – such as pay-per-click services and web “robots”; and (m) post more User Content than an individual could upload in a given period of time.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. HIPERSTREAM DOES NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.

THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITES, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HIPERSTREAM BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HIPERSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO ACKNOWLEDGE THAT HIPERSTREAM IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.

INDEMNIFICATION

You agree to defend, indemnify and hold HiperStream – including its affiliates and their respective directors, officers, employees and agents – harmless from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website by you. HiperStream reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall cooperate with HiperStream as reasonably requested. 

TERMINATION

We may terminate or suspend these Terms of Use at any time without notice to you. We also reserve the right to immediately terminate your access to the Website in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use.

GOVERNING LAW AND JURISDICTION

If You reside in Europe, this Agreement is governed by and shall be construed in accordance with the laws of Switzerland, without regard to its conflict of laws rules. Any dispute arising out of or in connection with this Agreement shall be submitted exclusively to the jurisdiction of the ordinary courts of the Canton of Zurich, venue being Zurich 1.

If You reside in the United States of America, this Agreement is governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising out of or in connection with this Agreement shall be submitted exclusively to the jurisdiction of the ordinary courts of California State.

If You reside in any country of Latin America, this Agreement is governed by and shall be construed in accordance with the laws of Brazil, without regard to its conflict of laws rules. Any dispute arising out of or in connection with this Agreement shall be submitted exclusively to the jurisdiction of the ordinary courts of São Paulo, State of São Paulo, Brazil.

Please report any violations of these Terms of Use via e-mail to legal@hiperstream.com.

MISCELLANEOUS

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

The provisions of these Terms of Use are for the benefit of HiperStream, its affiliates and its third-party content providers and licensors and each of them shall have the right to enforce such provisions directly or on their own behalf.

The failure of either party to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by the other party of any of the provisions of these Terms of Use, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either party to enforce each and every such provision thereafter. 

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of these Terms of Use will continue in full force and effect.