IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION 9 BELOW. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND STREAMYARD TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION. PLEASE READ CAREFULLY.
These StreamYard User Terms of Service (the “User Terms”) govern your access to or use of the online studio services generally described at www.StreamYard.com and its associated services (online and offline), products, software, mobile applications, information, networks, distribution channels, components, APIs, and documentation (”Services”) offered or made available by StreamYard Inc. or its parents, subsidiaries, and corporate affiliates (“StreamYard” “we” “us” or “our”).
These User Terms and the Community Guidelines incorporated herein by reference, form a legally binding contract between you and us.
If you are a Host (see below), the StreamYard Global Platform Terms also apply to you in your capacity as a Host, unless you have entered into a separately signed agreement with StreamYard, in which case that agreement will apply.
If the Host is not a direct customer of StreamYard, it typically means that the Host acquired the right to use the Services via a third party reseller or agency, in which case the Host’s use of the Services are governed by its agreement with that reseller or agency.
1. Who these terms apply to - read carefully!
You are subject to these User Terms (a “User”) if you are:
- a “Team Member” which is defined as any individual or entity that is affiliated with the Host (see below) and that uses or accesses the Services in any way. Examples include without limitation, Stream managers, agencies, employees, consultants or contractors.
- a “Host” which is defined as the company, entity, institution, organization, or individual who uses StreamYard to create streams (“Stream”). A Host could be a company such as Foo Corporation (fictional name), or an individual such as DJ Foo (also fictional).
- A “Guest” which is defined as an individual who has been invited to attend and contribute to a Host’s Stream.
- A “Viewer” which is defined as an individual who has signed up to attend a StreamYard On-Air webinar organized by the Host.
1.1 StreamYard’s role
Streams are organized and administered by the Host, not StreamYard. We are a third party providing the Services and its incorporated technology platforms (the “Platform”) to facilitate a Stream taking place. For the purpose of this Agreement, the Services includes the Platform.
We are not responsible and cannot be held liable for any matters described in the Host responsibilities section (below).
1.2 Host’s responsibilities
The Host has full control over the running of any Stream. This includes the guest list, when Streams are created and how they are configured, and what functionality and third-party integrations are available for use at each Stream. The Host is solely responsible:
- if an Stream is canceled;
- for how an Stream is run;
- for marketing activities related to the Stream;
- for promotions, contests, and sweepstakes offered in connection with the Stream;
- for informing viewers you invite to attend the Stream (“Viewers”) of any relevant policies and practices and securing agreements and consents with its guests and/or Viewers as applicable (e.g., marketing and personal data consents);
- for any content produced or provided;
- for any activities carried out during an Stream; and
- for monitoring and managing the conduct of Users, your guests who are invited into the Stream but who are not Users (“Guests”) and Viewers.
Please contact the Host directly for any of the above matters. It is solely the Host’s responsibility to respond to and resolve any dispute between the Host and any Guest/Viewer/Team Member (as the case may be). The Host may also block or revoke a User’s or Guest’s access to its Stream (and on certain platforms, a Viewer’s access to a Stream on a Non-StreamYard platform) at any time and in its sole discretion.
2. Right to use StreamYard
2.1. License for Team Members
Subject to these User Terms, we grant you (as Team Member) a limited, non-sublicensable license to access and use StreamYard for the internal business purposes of the Host only, which is in the main to create, organize and host Streams on StreamYard.
So long as you remain a StreamYard Team Member, StreamYard grants you a limited license to reproduce, distribute copies, display publicly, and perform by means of digital audio transmission any of StreamYard’s copyrighted assets, which are provided to you through the Service. You agree not to claim any ownership, copyright or otherwise, in any of StreamYard’s content.
2.2 License for Guests and Viewers
Subject to these User Terms, we grant you (as a Guest or a Viewer) a limited, non-sublicensable license to access and use the StreamYard to view, attend, or participate in Streams for your personal, non-commercial purposes only, subject to any additional terms imposed by the Host.
You agree that you will not:
- violate our Community Guidelines
- reproduce, duplicate, copy or resell any part of the Services or related content;
- resell, rent, lease, sub-license, loan, provide, distribute, or otherwise make available, your right to use or access StreamYard or any part of it, in any form, in whole or in part to any person without prior written consent from us or in respect to Stream content except as permitted by the Host;
- disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of StreamYard or any content on it nor attempt to do any such things, except to the extent permitted by law;
- copy, translate, merge, adapt, vary, alter or modify, the whole or any part of StreamYard or any content on it, nor permit StreamYard or any part of it to be combined with, or become incorporated in, any other programs or channels, except as necessary to use StreamYard as permitted in these User Terms;
- use StreamYard maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into StreamYard or any operating system;
- use StreamYard in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users, including by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the Services or related content;
- access, collect, harvest or modify any information, content or data related to the Services using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running StreamYard;
- access, search or create accounts for StreamYard by any means other than our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk);
- access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services is stored, any software used in the provision of the Services, or any equipment or network or software owned or used by any third party;
- use another Users’, Viewer’s or Guests’ information (including email addresses) to contact them outside of StreamYard without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information of Viewers/Guests/other Users for use outside of StreamYard; and
- impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own.
2.4 Acknowledgement of third party terms
By utilizing StreamYard’s platform to engage with YouTube, users hereby acknowledge and agree that they are bound by YouTube’s terms of service, available at https://www.youtube.com/t/terms. Your access to and use of YouTube through StreamYard's platform is conditioned upon your compliance with YouTube's terms of service, alongside adherence to StreamYard’s own terms and policies.
3. Contributions and Personal Data
As part of a Stream, you (including Guests or Viewers (as the case may be)) may submit or make available certain content, information, and data, such as messages (“Contributions”). You are responsible for your Contributions, and you assume all risks associated with Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes you or anyone else personally identifiable. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize the use of Contributions as described herein. You may not imply that Contributions are in any way sponsored or endorsed by StreamYard. We are not responsible or liable to you, Viewers, Guests or any third-party for the content or accuracy of any Contributions. We may reject or remove Contributions (such as Contributions that violate these Terms, our Community Guidelines, or applicable law), but we have no obligation to do so. If you believe a Contribution infringes your intellectual property rights, see our Copyright Infringement Policy in our Community Guidelines.
3.2 Personal data in Contributions
We strongly encourage Team Members, Viewers and/or Guests to review the privacy notices and policies of the Host as applicable.
3.3 Children’s Data
You may not use the Services to target and/or collect data directly from children under the age of 13. If we become aware that we have collected personal data from a child without verification of parental consent, we take steps to remove that information from our systems.
3.4 Limited License to Contributions
Solely in connection with your interaction with the applicable Stream, You grant to StreamYard a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable, license to the Contributions to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Contributions in any form, format, media, and channel.
4. Intellectual property rights
All intellectual property rights in the Services throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the Services, other than the right to use them in accordance with these User Terms.
If you provide feedback, comments or suggestions for improvements related to any StreamYard services or products (in written, oral, or any other form) (“Feedback”), you represent and warrant that you (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. You (i) acknowledge that StreamYard may have something similar to the Feedback already under consideration or in development, and (ii) assign to StreamYard your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, you hereby grant us an irrevocable, exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of StreamYard, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents.
5. Promotional activities
You may promote, administer, or conduct a promotion, contest, or sweepstakes on, through or using Services (a “Promotion”), only if you:
(a) carry out all Promotions in compliance with all applicable laws and regulations, and
(b) you make expressly clear that the Promotion is yours and that StreamYard does not sponsor, co-sponsor, endorse or support the Promotion.
You will be solely responsible for all aspects of, and expenses related to, your Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals.
6. Limitation of Liability
6.1 Limitation of Liability for all Users who reside outside of the EEA and the United Kingdom
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. STREAMYARD WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERVICES (WHICH MAY INCLUDE, WITHOUT LIMITATION, FOR THE AVOIDANCE OF DOUBT, GUESTS AND/OR VIEWERS); (IV) ANY AND ALL USES OF THE SERVICES; AND/OR (V) YOUR MISCONDUCT OR NEGLIGENT USE OF THE SERVICES, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL STREAMYARD’S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH STREAMYARD, THESE TERMS, YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO STREAMYARD IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE STREAM GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STREAMYARD AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
6.2 Limitation of Liability for all Users who reside in the EEA and the United Kingdom
If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these User Terms, both we and you knew it might happen.
6.3 Disclaimer of Warranties
The Services are provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from StreamYard.
THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU USE THEM SOLELY AT YOUR OWN RISK. STREAMYARD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY STREAMYARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:
- to the fullest extent permissible by law, StreamYard hereby disclaims and makes no representations, warranties, endorsements, or promises, express or implied, as to: (i) the Services (including Contributions); (ii) the functions, features, or any other elements on, or made accessible through, the Services, including whether the Services will be available at any particular time or location; (iii) whether information or instructions offered or referenced at or linked through the Services is accurate, complete, correct, adequate, useful, timely, or reliable; (iv) whether the Services or the servers that make the Services available are free from any harmful components; and (v) whether your use of the Services is lawful in any particular jurisdiction.
- THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. STREAMYARD IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- IN NO EVENT SHALL STREAMYARD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES; AND
- YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, STREAMYARD IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE USER TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU OR ANY THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
6.4 Please back-up your content and data
While we have taken reasonable security measures (as set out in streamyard.com/legal/security-statement), we recommend that you regularly back up any content and data used in connection with the Services.
6.5 Check that the Services are suitable for you
The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of StreamYard meet your requirements.
6.6 We are not responsible for events outside our control
If the provisioning of the Services is delayed outside our control, we will contact you as soon as reasonably possible to let you know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting you know about the delay where it is possible for us to do so, we will not be liable for delays caused by any event outside of our control.
6.7 We are not responsible for third party websites and services
The Services can connect (and may contain links or referrals) to third party and other independent websites and services which are not provided by us. Such websites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use them, including whether to buy any products or services offered by them or whether to distribute your Stream to their platform.
7.1 Termination by You
You may terminate these User Terms at any time by deleting your StreamYard User account.
7.2 Termination by Us
We can, in our sole discretion, terminate these User Terms and/or your right to access or use StreamYard at any time, without notice, for any reason, including where we reasonably consider that (a) your use of the Services violates these User Terms or applicable law; or (b) we are unable to continue providing StreamYard to you due to technical or legitimate business reasons. In the event of such termination:
- StreamYard revokes any licenses granted to you hereunder;
- You must stop all activities authorized by these User Terms, including your use of StreamYard.
- You must delete or remove StreamYard from all devices in your possession and immediately destroy all copies of StreamYard which you have and confirm to us that you have done this.
- We may take all steps necessary to prevent you from accessing or using StreamYard including suspending your StreamYard User account.
8. Technical requirements
In order to use StreamYard, it is necessary that you have a device that allows you access to the Internet, and an email. In order for certain functionalities and features to work properly, a camera or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of messages, information or files sent, posted, streamed, published or otherwise transmitted using StreamYard may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of StreamYard.
9. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND STREAMYARD CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND STREAMYARD TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION IN COURT.
9.1 Contact Us First.
If you have a question or concern about the StreamYard services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
9.2 Agreement to Arbitrate
In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, you and StreamYard mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and, as described below, agree to binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. You and StreamYard agree that this arbitration agreement is governed by the Federal Arbitration Act, and shall survive even after these User Terms or any StreamYard services terminate.
9.3 Claims Covered by Arbitration
Other than the exceptions in Section 9.5, you and StreamYard agree that any disagreement, claim, or controversy arising out of or relating in any way to these User Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the StreamYard services, or the provision of content, services, and/or technology on or through the services (hereinafter, “Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.
9.4 Delegation to Arbitrator
If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and StreamYard agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.
9.5 Claims Not Covered by Arbitration
This arbitration agreement shall not require arbitration of the following types of claims: (1) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. To the extent that either you or we elect to have a dispute resolved in small claims court after an arbitration is initiated, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court. You and we agree that any dispute regarding whether the dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless it is unwilling to do so) and not the arbitrator or AAA, including in the situation where an arbitration is already initiated and one party invokes the small claims court option.
9.6 Class Action Waiver
Except as otherwise required under applicable law, you and StreamYard agree to bring and resolve any Claims only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding. You and StreamYard acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Claims (hereinafter, “Class Action Waiver”). Further, the arbitrator may not consolidate more than one party’s claims and may not preside over any class, consolidated, or representative proceeding, unless you and StreamYard agree otherwise in writing.
Notwithstanding any other provision of this arbitration agreement or the AAA Rules, specific disagreements about the scope, applicability, enforceability, revocability or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible.
9.7 Arbitration Rules, Procedures, and Costs
You and StreamYard agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. The arbitrator will apply the terms of this arbitration agreement and the applicable AAA rules, which are available at www.adr.org or by calling 1–800–778–7879. If you are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules. If you are not an individual person, but are an entity or company, the arbitrator shall apply the AAA Commercial Arbitration Rules.
If you are an individual person and bring a claim solely for monetary relief of $10,000 or less: StreamYard will agree to pay for any filing, administrative, or hearing fees charged by the AAA. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.
If you are an individual person and bring a claim for monetary relief exceeding $10,000: The AAA Consumer Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA, including limiting your filing fee to $200. In addition, fee waivers or other forms of cost relief at the arbitrator’s discretion may be available. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.
If you are not an individual person: The AAA Commercial Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA. The arbitrator shall have the power to decide any motions, including dispositive or summary judgment motions, brought by any party to the arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court to resolve the party’s individual claim, including awards of attorney’s fees and costs, in accordance with the law or laws that apply to the Claim. The arbitrator shall provide in writing to the parties the basis for any award or decision. Judgment upon any award rendered in such arbitration will be binding and may be entered in any court with proper jurisdiction.
Except for the Class Action Waiver in Section 9.6 above, if any clause within this arbitration agreement is found to be illegal or unenforceable, that specific clause will be severed from this arbitration agreement, and the remainder of the arbitration agreement will be given full force and effect.
If you are an individual person, you have the right to opt-out and not be bound by this arbitration agreement by sending written notice to StreamYard—clearly indicating your intent to opt out of this arbitration agreement and including the name, phone number, and email address associated with your account—via email (firstname.lastname@example.org). Your opt-out notice must be sent within 30 days of your agreement to these User Terms. If you do not opt-out of this arbitration agreement within the 30-day period, you and StreamYard shall be bound by the terms of this arbitration agreement in full. If you opt-out of this arbitration agreement within the 30-day period, it will not affect any other, previous, or future arbitration agreements that you may have with StreamYard.
9.10 Pre-Arbitration Notification and Negotiation Process
Prior to initiating an arbitration, you and StreamYard each agree to first attempt to negotiate an informal resolution of any Claims covered in Section 9.2. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to StreamYard via email to email@example.com with “LEGAL NOTICE” in the subject line; StreamYard will send such written notice to the email address you have provided to StreamYard.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.
After a good faith effort to negotiate, if you or StreamYard believe a Claim covered in Section 9.2 cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.
10. Other important terms
10.1 Contacting us
If you are having any issues using the Services, please visit Global Support.
If we have to contact or notify you, we will do so by the contact information you provided us or via notification on the Platform or other reasonable method.
10.2 Updates to StreamYard
From time to time we may automatically update and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need your consent to do this, and your continued use of the Services following the update will be subject to these User Terms.
10.3 If someone else owns the phone or device you are using
If you stream StreamYard onto any phone, laptop, desktop or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these User Terms, whether or not you own the phone or other device.
10.4 Changes to these User Terms
We may change these User Terms to reflect changes in law or best practice, or to address changes in our Services. If you do not accept the changes, you are not permitted to continue using the Services.
10.5 Assignment and Transfer
We may transfer or assign our rights and obligations under these Terms to an affiliated party of StreamYard or third party, with or without notice to you. You may not transfer your rights and obligations under these Terms to someone else without our prior written consent.
10.6 If a court finds part of this agreement illegal, the rest will continue in force
Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.7 Even if we delay in enforcing this agreement, we can still enforce it later
Even if we delay in enforcing these User Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.8 Which laws apply to this contract and where you may bring legal proceedings
If your contact address is in the United States, New York State law governs User Terms, without reference to conflict of laws principles, and you can bring legal proceedings in respect of the products in a court of general jurisdiction in New York, New York. If your contact address is not in the United States, these User Terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. We may take proceedings against you in any other court of competent jurisdiction, and the taking of proceedings in any one or more jurisdiction will not preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.