Welcome to the User Agreement for authorSTREAM.com. The authorSTREAM service and
website (collectively, "authorSTREAM" or "the Service") are operated by Sikhya Solutions,
LLC. and its corporate affiliates (collectively, "us", "we" or "the Company"). This
Agreement describes the terms on which you may access, and use our services. By
accessing or using our web site at www.authorstream.com ("Site"), you (the "User") signify
that you have read, understood and agree to be bound by these Terms of Use ("Terms
of Use" or "Agreement"), whether or not you are a registered member of authorSTREAM
(Member). In the event of any inconsistency between the authorSTREAM Privacy Policy
and this Agreement, the Agreement shall control. Nothing in this Agreement shall
be deemed to confer any third-party rights or benefits. If you do not agree to be
bound by the terms of this Agreement, you may not use or access our services. We
reserve the right to modify this Agreement at any time, and without prior notice,
by posting the amended terms on this Site. Your continued use of the Site indicates
your acceptance of the amended Agreement.
1. Membership Eligibility
Membership in the Service is void where prohibited. The authorSTREAM Service is
not available to minors under the age of 14, or to any users suspended or removed
from the system by authorSTREAM for any reason. Users may not have more than one
active account. Additionally, users are prohibited from selling, trading, or otherwise
transferring your authorSTREAM account to another party. If you do not qualify,
you may not use the authorSTREAM Service.
2. Registration Details and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Details"); (b) maintain and promptly update the Registration
Details, and any other information you provide to Company, to keep it accurate,
current and complete; and (c) you are responsible for maintaining the confidentiality
of your password and account, and are fully responsible for all activities that
occur under your password or account with or without your knowledge.
3. User Conduct
Although as an online service provider, we are not responsible for the conduct of
our users, we want authorSTREAM to be a safe place on the internet. Therefore, in
using authorSTREAM you represent, warrant and agree that no materials of any kind
submitted through your account or otherwise posted, transmitted, or shared by you
on or through the Service will violate or infringe upon the rights of any third
party, including copyright, trademark, privacy, publicity or other personal or proprietary
rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- post content or initiate communications which are unlawful, libelous, abusive, obscene,
discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically
or otherwise objectionable.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation. This prohibition includes, but is not
limited to a) Using authorSTREAM to connect to people who don’t know you and then
sending unsolicited promotional messages to those direct connections without their
permission; and b) Sending messages to distribution lists, newsgroup aliases, or
group aliases.
- harvest or collect email addresses or other contact information of other users from
the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the
Service or the Site;
- register for more than one User account, register for a User account on behalf of
an individual other than yourself, or register for a User account on behalf of any
group or entity;
- falsely state, impersonate, or otherwise misrepresent your identity, including but
not limited to the use of a pseudonym, uploading photographs of celebrities in your
profile, or misrepresenting your current or previous positions and qualifications,
or your affiliations with a person or entity, past or present;
- upload, post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers and credit card
numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
- intimidate or harass another;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in
the sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company or its
users to any harm or liability of any type.
- You agree not to use the Site, including but not limited to the Embeddable Player
for any commercial use, without taking the prior written authorization of authorSTREAM.
The following actions taken without authorSTREAM's express approval are deemed as
Prohibited commercial uses:
- sale of access to the Site or its services on another website;
- use of the Site or its services, for the primary purpose of gaining subscription
and/or advertising revenue;
- the sale of advertising, on the authorSTREAM Site or any third-party website, targeted
to the content of specific User’s Content or authorSTREAM content; and
- any use of the Site or its services that authorSTREAM finds, in its sole discretion,
to use resources of authorSTREAM or User Content with the effect of competing with
or displacing the market for authorSTREAM, its content, or User Content. Prohibited
commercial uses do not include:
- uploading an original presentation to authorSTREAM to promote your Product, Business
or Presentation Skills;
- using the Embeddable Player to show authorSTREAM Presentations on a blog or website,
provided the primary purpose of using the Embeddable Player of authorSTREAM is not
to gain advertising revenue or compete with authorSTREAM; and o any other use expressly
authorized by authorSTREAM in writing.
- You must include a prominent link back to the authorSTREAM Site on the pages which
contain Embeddable Player on your website and you may not modify, build upon, or
block any portion of the Embeddable Player in any way.
4. Global Use
Recognizing the global nature of the Internet, you agree to comply with all applicable
local rules including but not limited to rules regarding online conduct and acceptable
content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
5. Membership Termination
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any Platform
Application (or any portion, aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at any time in its sole discretion,
with or without notice. Furthermore, you agree that all terminations shall be made
in authorSTREAM’s sole discretion and that authorSTREAM shall not be liable to you
nor any third-party for any termination of your account or access to the authorSTREAM
Service.
6. Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited
to designs, text, graphics, pictures, video, information, applications, software,
music, sound and other files, and their selection and arrangement (the "Site Content"),
are the proprietary property of the Company, its users or its licensors with all
rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form or
by any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site. Provided that you are eligible for use of the
Site, you are granted a limited license to access and use the Site and the Site
Content and to download or print a copy of any portion of the Site Content to which
you have properly gained access, provided that you keep all copyright or other proprietary
notices intact. Except for your own User Content, you may not upload or republish
Site Content on any Internet, Intranet or Extranet site or incorporate the information
in any other database or compilation, and any other use of the Site Content is strictly
prohibited. Such license is subject to this Agreement, and does not include use
of any data mining, robots or similar data gathering or extraction methods. Any
use of the Site, or the Site Content other than as specifically authorized herein,
without the prior written permission of Company, is strictly prohibited and will
terminate the license granted herein. Such unauthorized use may also violate applicable
laws including without limitation copyright and trademark laws, and the applicable
communications regulations and statutes. Unless explicitly stated herein, nothing
in this Agreement shall be construed as conferring any license to intellectual property
rights, whether by estoppels, implication or otherwise. This license is revocable
at any time without notice, and with or without cause.
7. User Content Posted on the Site
You are solely responsible for the profiles, comments, messages, notes, text, documents,
presentations, animation files, listings, and other content that you upload, publish
or display (hereinafter, "post") on or through the Service or the Site, or transmit
to or share with other users (collectively the "User Content"). You may not post,
transmit, or share User Content on the Site or Service that you did not create or
that you do not have permission to post. You understand and agree that the Company
may, but is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for any reason
or no reason, including without limitation User Content that in the sole judgment
of the Company violates this Agreement or which might be offensive, illegal, or
that might violate the rights, harm, or threaten the safety of users or others.
You are solely responsible at your sole cost, and expense for creating backup copies
and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage
of the User Content on the Site. We do not claim any ownership of the User Content.
You the user may have an option to mark the content you upload as Private (Private
Content) or allow it to be used by other users of the Site (Public Content). In
case of Public Content, including but not limited to your public profile, comments,
messages, notes, text, documents, presentations, animation files, listings, and
other content, you automatically grant, and you represent and warrant that you have
the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable,
fully paid, worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part) and
distribute such Public User Content for any purpose on or in connection with the
Site or the promotion thereof, to prepare derivative works of, or incorporate into
other works, such Public User Content, and to grant and authorize sublicenses of
the foregoing. You also hereby grant each user of the Site (subject to such limitations,
if any, that may apply with respect to Private Content) a non-exclusive license
to access your Content through the Site, and to use, reproduce, distribute, prepare
derivative works of, and display such Content as permitted through the functionality
of the Site and under these Terms of Service.
You may remove your User Content from the Site at any time. However, you acknowledge
that in case the User Content was Public in nature the Company or Users may retain
such Content in their own accounts. Further you also acknowledge that the Company
may retain archived copies of your User Content whether Public or Private.
8. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is authorSTREAM's
policy to terminate Membership privileges of any Member who repeatedly infringes
the copyright rights of others upon receipt of prompt notification to authorSTREAM
by the copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the authorSTREAM
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
authorSTREAM 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. authorSTREAM's Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright Agent, Sikhya Solutions, LLC.
9220 Fairbanks Ste 205, Raleigh, NC 27613, United States.
8. Assumption of Risks
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is authorSTREAM's
policy to terminate Membership privileges of any Member who repeatedly infringes
the copyright rights of others upon receipt of prompt notification to authorSTREAM
by the copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the authorSTREAM
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
authorSTREAM 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. authorSTREAM's Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright Agent, Sikhya Solutions, LLC.
9220 Fairbanks Ste 205, Raleigh, NC 27613, United States.
9. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Company has adopted a policy of terminating, in appropriate circumstances and
at Company's sole discretion, Members who are deemed to be repeat infringers. Company
may also at its sole discretion limit access to the Site and/or terminate the memberships
of any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
10. Fees
Currently use of authorSTREAM and all its services is free. However, authorSTREAM
reserves the right to charge for the authorSTREAM Services, and to change its fees
from time to time in its discretion. If authorSTREAM terminates your membership
because you have breached the Agreement, you will not be entitled to the refund
of any unused portion of subscription fees.
11. Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, presentations, music, sound, video, information, applications,
software and other content or items belonging to or originating from third parties
(the "Third Party Applications, Software or Content"). Such Third Party Sites or
Third Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third Party Sites accessed through the Site or any Third Party Applications,
Software or Content posted on, available through or installed from the Site, including
without limitation the content, accuracy, offensiveness, opinions, reliability,
privacy practices or other policies of or contained in the Third Party Sites or
the Third Party Applications, Software or Content. Inclusion of, linking to or permitting
the use or installation of any Third Party Site or any Third Party Applications,
Software or Content does not imply approval or endorsement thereof by us. If you
decide to leave the Site and access the Third Party Sites or to use or install any
Third Party Applications, Software or Content, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site or relating to any applications
you use or install from the site.
12. authorSTREAM Communications
You agree to receive communications from authorSTREAM in connection with your use
of authorSTREAM Services in the form of email or SMS messages, including without
limitation account activity notification, service updates, and reminders.
13. Member Disputes
You are solely responsible for your interactions with other Members. authorSTREAM.com
reserves the right, but has no obligation to monitor disputes between you and other
Members.
14. Privacy
Use of the authorSTREAM Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
15. Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless
authorSTREAM Corporation, its officers, employees, agents, subsidiaries, affiliates
and other partners from any direct, indirect, incidental, special, consequential
or exemplary damages resulting from i) your use of the authorSTREAM Service; ii)
unauthorized access to or alteration of your communications with or through the
authorSTREAM Service, or iii) any other matter relating to the authorSTREAM Service.
Any business transactions which may arise between users from their use of authorSTREAM
are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy,
you understand and agree that authorSTREAM may disclose personally identifiable
information if required to do so by law or in the good faith belief that such disclosure
is reasonably necessary to comply with legal process, enforce this User Agreement,
or protect the rights, property, or safety of authorSTREAM, its users, and the public.
16. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE AUTHORSTREAM SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS AND THAT AUTHORSTREAM DOES NOT ASSUME ANY RESPONSIBILITY
FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS
BETWEEN USERS. AUTHORSTREAM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE
OF ANY COMMUNICATIONS BETWEEN USERS. AUTHORSTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AUTHORSTREAM MAKES NO WARRANTY THAT (i) THE AUTHORSTREAM SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE AUTHORSTREAM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AUTHORSTREAM
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AUTHORSTREAM
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AUTHORSTREAM
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTHORSTREAM
OR THROUGH OR FROM THE AUTHORSTREAM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTHORSTREAM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF AUTHORSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL AUTHORSTREAM’S TOTAL CUMULATIVE
DAMAGES EXCEED US$ 50.
18. Governing Law
The User Agreement between you and Sikhya Solutions will be governed by, and construed
in accordance with the laws of the State of North Carolina without regard to conflict
of laws principles.
19. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"), provided by
you to Company are non-confidential, and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you.
20. Other
This Agreement is accepted upon your use of the authorSTREAM Site or any of the
authorSTREAM Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and authorSTREAM regarding the use
of the authorSTREAM Services. The failure of authorSTREAM to exercise or enforce
any right, or provision of this Agreement will not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience only, and
have no legal or contractual effect. AUTHORSTREAM is a trademark of Sikhya Solutions,
LLC. This Agreement operates to the fullest extent permissible by law. If any provision
of this Agreement is unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability of any remaining
provisions.