User Terms of Service

Last updated: 6 November 2024

These User Terms of Service (the “User Terms”) are provided by StreamYard, Inc. (“StreamYard”, “We”, “Us” or “Our”). We provide certain products, platform technologies, and services for our customers to create audio-visual content and make such content available to other user devices, including online studio services and its associated services, software, mobile applications, information, networks, distribution channels, components, APIs, and documentation ("Services”).

Individuals and entities who use the Services fall under one of the following five categories:

  1. “Host” which is defined as any individual or legal entity who uses the Services to create, stream, broadcast or otherwise make available audio-visual content (each such content, a “Stream”).
  2. “Team Member” which is defined as any individual or legal entity that is affiliated with the Host and that uses or accesses the Services through the Host’s account. Team Members include, without limitation, a Host’s admins, Stream managers, agencies, employees, consultants, or contractors.
  3. “Guest” which is defined as an individual who has been invited to attend and contribute to a Stream.
  4. “Viewer” which is defined as an individual who attends a Stream.
  5. “Website Visitor” which is defined as an individual who has not created an account to access or use the Services.

If you are a Host or a Team Member, please see the Platform Terms. These User Terms do not apply to you.

If you are a Guest, Viewer, or Website Visitor (collectively, “Users”), these User Terms and the Community Guidelines (collectively, “Agreement”) apply to you and form a legally binding contract between you and Us.

By (1) taking an action indicating acceptance of this Agreement, or (2) using the Services, you agree to be bound by this Agreement. If you don't agree to the terms of this Agreement, you are not allowed to create a StreamYard user account or to use the Services.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH MEANS YOU AND STREAMYARD AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. (SEE SECTION 11 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION).) YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF FIRST ACCEPTING THESE USER TERMS; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 11 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION) BELOW.

Where other language versions of the User Terms exist, the English version will control.

Review the StreamYard Privacy Policy for more information on which personal data We collect about you, for which purposes We process it and for how long we retain it. Please note that, for some processing activities, StreamYard acts as a data processor, processing your personal data only in accordance with the instructions of the Host that acts as controller of your personal data. Therefore, We invite you to also review their privacy policy.

If you have questions or complaints with respect to this Agreement or the Services, visit Our Help Center.

1. What StreamYard is responsible for versus the Hosts

1.1. StreamYard’s role. Streams are organized and administered by Hosts, not Us. We only provide the Services to facilitate a Stream taking place.

We are not responsible for any matters described in Section 1.2 (Host’s responsibilities).

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, how they are configured, and what functionality and third-party integrations are available for use at each Stream. In particular, the Host is solely responsible:

  • if any Stream is canceled;
  • for how any Stream is run;
  • for marketing activities related to the Stream;
  • for promotions, contests, and sweepstakes offered in connection with the Stream;
  • for informing Viewers of any relevant policies and practices and securing agreements and consents with its Guests and Viewers as applicable (such as marketing and personal data consents);
  • for any content produced or provided by the Host;
  • for any activities carried out during any Stream; and
  • for monitoring and managing the conduct of Users in connection with any Stream.

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 Users, as the case may be. The Host may also block or revoke a User’s access to its Stream at any time and in its sole discretion.‍

2. Eligibility and Accounts

2.1. Age. THE SERVICES ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 16. If you are over the age of 16 but under the legal age of majority in your state of residence, your parent or guardian must review and agree to be bound by this Agreement on your behalf and must supervise your use of the Services.

YOU MAY NOT ORDER, ACCESS OR USE THE SERVICES IF YOU (A) DO NOT AGREE TO THIS AGREEMENT, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US OR YOUR PARENT OR LEGAL GUARDIAN HAS NOT AGREED TO THIS AGREEMENT AND YOUR USE OF OR ACCESS TO THE SERVICES, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ORDERING, ACCESSING OR USING THE SERVICES.

2.2. Jurisdiction. You may only use the Services in jurisdictions authorized by StreamYard. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3. Account. Although this Agreement applies regardless of whether you create or use an account, you may create an account to use many core features of the Services. You may not share or permit others to use your account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to the Services and not used by you in any other online service. You must maintain the security of your account, and promptly notify Us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

2.4. Other Users. If you use the Services on behalf of a legal entity: (i) you agree to this Agreement on behalf of yourself and that legal entity; (ii) you represent that you are authorized to agree to this Agreement on that entity’s behalf; and (iii) all references to “you” throughout this Agreement other than this sentence will include you and that legal entity.

3. Right to use StreamYard

3.1. License for Guests and Viewers. Subject to your compliance with this Agreement, We grant you, as a Guest or a Viewer, a non-exclusive, limited, non-sublicensable and revocable license to access and use the Services to view, attend, or participate in Streams for your personal, non-commercial purposes only, subject to any additional terms imposed by the Host.

3.2. Restrictions. You will not use the Services if you are not eligible to use the Services in accordance with Section 2 and will not use the Services other than for their intended purpose. You agree that you will not:

  • violate Our Community Guidelines;
  • violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  • engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • 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 the Services or any part of it, in any form, in whole or in part to any person without prior written consent from Us or, except as permitted by the Host, in respect to Stream content;
  • disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services or any content on it nor attempt to do any such things, except as and only to the extent the restriction is prohibited by Law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Services;
  • copy, translate, merge, adapt, vary, alter or modify, the whole or any part of the Services or any content on it, nor permit the Services or any part of it to be combined with, or become incorporated in, any other programs or channels, except as necessary to use the Services as permitted in this Agreement;
  • use the Services maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;
  • use the Services in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other Users or Hosts, 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 the Services;
  • use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services;
  • access, search, or create accounts for the Services by any means other than Our publicly supported interfaces (such as creating accounts in bulk);
  • access without authorization, 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, network or software owned or used by any third party;
  • use another User’s information (including email addresses) to contact them outside of the Services without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information of other Users for use outside of the Services; and
  • impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • use or attempt to use another User’s  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;
  • develop or use any applications or software that interact with the Services without Our prior written consent;
  • send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
  • use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates this Agreement.

4. Contributions

4.1. Contributions. As part of a Stream, you, as a User, 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 in this Agreement. You may not imply that Contributions are in any way sponsored or endorsed by Us. We are not responsible or liable to you, Users, or any third-party for any Contributions, including the accuracy of any Contribution. We expressly disclaim any duty or obligation to undertake any monitoring or review of any Contribution. We may, in Our discretion, reject or remove Contributions (such as Contributions that violate these User Terms, Our Community Guidelines, or applicable law), terminate or suspend your access to all or part of the Services, take any action with respect to your Contribution that is necessary or appropriate, or cooperate fully with any law enforcement authorities or court order. If you believe a Contribution infringes your intellectual property rights, see the Copyright Infringement Policy in Our Community Guidelines.

4.2. Limited License to Contributions. You grant Us and our Users and Hosts a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable, license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your Contributions and any name and likeness provided in connection with such Contributions in any form, format, media, and channel. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Contributions that you may have under any applicable law.

4.5. Restrictions regarding Contributions. You may not create, post, store, or share any Contribution for which you do not have all the rights necessary to grant Us the license described above, and you represent and warrant that your Contribution, and Our use of such Contribution as permitted by this Agreement, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any Contribution that:

  • violate Our Community Guidelines;
  • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
  • may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • impersonates, or misrepresents your affiliation with, any person or entity;
  • contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • contains any private or personal information of a third party without such third party’s consent;
  • contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
  • in Our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Services, or may expose Us or others to any harm or liability of any type.

5. 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.

“StreamYard” and Our logos, product or service names, slogans, and the look and feel of the Services are trademarks of StreamYard and may not be copied, imitated or used, in whole or in part, without Our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Us.

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. You (i) acknowledge that We 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 by Us, our 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.‍

6. Promotional activities

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “StreamYard Promotions”) made available by Us through the Services may be governed by rules that are separate from this Agreement. If you participate in any StreamYard Promotions, please review the applicable rules. If the rules for a StreamYard Promotion conflict with this Agreement, the StreamYard Promotion rules will govern.

7. Limitation of Liability

7.1. Limitation of Liability. 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 DIRECT, 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) THIS AGREEMENT; (II) YOUR 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, GUESTS OR VIEWERS); (IV) ANY THIRD-PARTY CONTENT, MATERIALS, OR LINKS THAT ARE MADE AVAILABLE THROUGH OR INTEGRATED WITH 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 HAVE 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, THIS AGREEMENT, 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, INCLUDING FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7.2. Disclaimer of Warranties. The Services are provided for general information and entertainment purposes only. They do 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 the Services.

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. STREAMYARD MAY SUSPEND ACCESS AND USE OF THE SERVICES FOR ANY REASON, WITHOUT LIABILITY TO YOU. 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.

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 AND WHETHER THE SERVICES WILL MEET YOUR NEEDS AND REQUIREMENTS; (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;

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.

7.3. Back-up your content and data. You are responsible to regularly back up any content and data used in connection with the Services.

7.4. Check that the Services are suitable for you. The Services have not been developed to meet your individual requirements. You are solely responsible for verifying that the features and functions of the Services meet your requirements and are compatible with your systems and operational needs.

7.5. 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 judgment 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.

8. Indemnification

To the maximum extent permitted by applicable law, you will indemnify, defend, and hold harmless StreamYard, Our affiliates, and Our and Our affiliates’ officers, directors, agents, partners, licensors, employees, contractors, permitted successors, and permitted assigns (individually and collectively, the “StreamYard Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Contributions or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.  You will promptly notify StreamYard Parties of any third-party Claims, cooperate with StreamYard Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The StreamYard Parties will have control of the defense or settlement, at StreamYard's sole option, of any third-party Claims. This indemnity is in addition to, and does not affect, any other indemnities set forth in a written agreement between you and StreamYard or the other StreamYard Parties.

9. Termination

9.1. Termination by You. You may terminate this Agreement at any time by ceasing all use of the Services, uninstall and delete any copies of the Services in your possession and, if applicable, by deleting your User account.

9.2. Termination by Us. We can, in Our sole discretion, terminate the Agreement and/or your right to access or use the Services at any time, without notice, for any reason, including where We reasonably consider that: (a) your use of the Services violates this Agreement or applicable law, or (b) We are unable to continue to provide the Services, including due to technical or legitimate business reasons. In the event of such termination:

  • We revoke any licenses granted to you under this Agreement;
  • you must stop all activities authorized by this Agreement, including your use of the Services;
  • you must delete or remove the Services from all devices in your possession and immediately destroy all copies of the Services which you have; and
  • We may take all steps necessary to prevent you from accessing or using the Services, including suspending your User account.

9.3. Survival. The provisions of this Agreement that are by their nature intended to survive termination or expiration of these Terms will so survive.

10. Technical requirements

In order to use the Services, it is necessary that you have a device that allows you access to the Internet and an email address, among other requirements. 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 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 the Services 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 the Services.

11. Dispute Resolution; Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND STREAMYARD TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND STREAMYARD CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND STREAMYARD FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND STREAMYARD AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. STREAMYARD AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW IN SECTION 11(K) IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

a) Claims Subject to this Section. The dispute resolution and binding arbitration terms in this Section 11 apply to all Claims between you and Streamyard. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and Streamyard, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory for which either party wishes to seek legal recourse and that arises from or relates to this Agreement or the Services, including any related to privacy or data-security or to the formation, validity, enforceability, revocability, performance, breach, or scope of this Agreement or arbitration agreement or any portion of it or arising out of or relating to interpretation or application of this Agreement or arbitration agreement.

b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Streamyard or if Streamyard has a Claim against you, you and Streamyard must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and Streamyard will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.

You will send any Claimant Notice to Streamyard by certified mail addressed to 169 Madison Ave, Suite 11218, New York, NY 10016 or by email to legal@streamyard.com. Streamyard will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Streamyard or via reasonably available means of notice if you have not provided certified mail or email contact information to Streamyard. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, telephone number, and any relevant purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Streamyard cannot initiate arbitration before the end of the Informal Resolution Period. If you or Streamyard file a Claim in court or initiate arbitration without first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court or arbitrator to enjoin the filing or arbitration and seek damages from the party that has not followed the informal dispute-resolution process to reimburse it for any costs and fees—including arbitration, attorney, and expert fees—incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or Streamyard, including any disputes in which you or Streamyard seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or Streamyard’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property but are jointly filed with IP Claims, that are not resolved in accordance with Section 11(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury.

d) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be adjudicated by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by these User Terms.

If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules apply to Claims between you and Streamyard, as modified by these User Terms. For Claims that must be arbitrated by AAA, if you are not a “Consumer,” the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures apply to Claims between you and StreamYard as modified by these User Terms.

These User Terms affect interstate commerce, and the enforceability of this Section 11 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these User Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy or relief that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Streamyard to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

e) Arbitration Procedure and Location. You or Streamyard may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM (or with AAA if applicable pursuant to Section 11(d)).

Instructions for filing a demand for arbitration with NAM are available on the NAM website or by emailing NAM at commercial@namadr.com, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Streamyard by certified mail addressed to 169 Madison Ave, Suite 11218, New York, NY 10016 or by email to legal@streamyard.com. Streamyard will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Streamyard or via reasonably available means of notice if you have not provided certified mail or email contact information to Streamyard.

The arbitration will be conducted by a single arbitrator in the English language. You and Streamyard both agree that the arbitrator will be bound by these User Terms.

For Claims in which the claimant seeks USD $10,000 or less, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks more than USD $10,000, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Streamyard agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award and any judgment confirming it apply only to that specific case; they cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

f) Arbitration Fees. Except for circumstances outlined in Section 11(g), each party will be responsible for arbitration fees in accordance with the applicable Rules and these User Terms.

g) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed for any improper purpose, such as to harass the responding party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

h) One Year to Assert Claims. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR STREAMYARD AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR STREAMYARD WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.

i) Confidentiality. If you or Streamyard submits a Claim to arbitration, you and Streamyard agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and Streamyard agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

j) Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings, mass arbitrations or multiple case filings according to the Rules (including, when applicable, AAA’s Mass Arbitration Supplementary Rules), if and to the extent Coordinated Claims are filed in arbitration as set forth in these User Terms. You or Streamyard may advise the other of your or its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. The following procedures are intended to supplement the Rules, and to the extent the procedures conflict with those Rules, to supersede them.

COORDINATED CLAIMS MAY ONLY BE FILED IN ARBITRATION AS PERMITTED BY THE BELLWETHER PROCESS SET FORTH BELOW. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR CLAIMS ASSERTED AS COORDINATED CLAIMS FROM THE TIME A COMPLIANT CLAIMANT NOTICE HAS BEEN RECEIVED BY A PARTY UNTIL THESE USER TERMS PERMIT SUCH COORDINATED CLAIMS TO BE FILED IN ARBITRATION OR COURT.

Initial Bellwether: The bellwether process set forth in this Section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.

After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 11(j).

A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by Streamyard. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

Remaining Claims: If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section 11 shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 12.8.

To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce the bellwether and mediation processes defined in this Section 11(j) and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

k) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accept these Terms by providing Us with notice of your decision to opt out via email at legal@streamyard.com or by certified mail addressed to 169 Madison Ave, Suite 11218, New York, NY 10016. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.8. If you opt out of this updated arbitration clause and were previously subject to an arbitration clause in effect prior to this updated arbitration clause, then that prior arbitration clause shall remain as part of the agreement between us. If you are a new user and did not previously consent to the prior arbitration clause and you choose to opt-out of this updated agreement, then we will also not be bound by this updated arbitration clause.

l) Rejection of Future Arbitration Changes. You may reject any change we make to Section 11 (except address changes) by sending us notice of your rejection within 30 days of the change via email at legal@streamyard.com or by certified mail addressed to 169 Madison Ave, Suite 11218, New York, NY 10016. Changes to Section 11 may only be rejected as a whole, and you may not reject only certain changes to Section 11. If you reject changes made to Section 11, the most recent version of Section 11 that you have not rejected will continue to apply.

m) Severability. If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these User Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 is found to prohibit an individual claim seeking public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general public), that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 11 will be enforceable. To the extent that you prevail on a Claim and seek public injunctive relief, the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.

n) Consumers in the European Union. If you are a Consumer resident or domiciled in the European Union, this Section 11 does not apply to you. As an alternative to resolution of disputes through courts, consumers resident in the European Union may refer their complaint to the European Online Dispute Resolution Platform. Consumers may obtain more information by visiting the European Commission’s Online Dispute Resolution Platform site.

12. Other important terms

12.1. Contacting us. If you want to contact us, please visit Our Help Center.

If We have to contact or notify you, We will do so by using the contact or account information you provided to Us or via notification through the Services or other reasonable method.

12.2. Changes to the Services. We may update, change, suspend or discontinue the Services (or any part, content or feature) at any time, without notice and without liability to you or anyone else, in order to improve performance, enhance functionality, reflect changes to the operating system, address security issues, comply with legal, regulatory or contractual requirements, or in response to exceptional or unforeseen circumstances. We will not need your consent to do this, and your continued use of the Services following the update will be subject to this Agreement.

12.3. If someone else owns the phone or device you are using. If you use or access the Services with any mobile 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 this Agreement, whether or not you own the device.

12.4. Changes to this Agreement. We may change this Agreement from time to time. Unless otherwise noted, the updated Agreement will be effective as of the time at which We post the updated Agreement on the Services. By continuing to access or use the Services after updates become effective, you agree to be bound by the updated Agreement. If you do not accept the changes, you are not permitted to continue using the Services.

12.5. Assignment and transfer. We may transfer or assign Our rights and obligations under this Agreement to any person or entity, with or without notice to you. You may not transfer your rights and obligations under this Agreement to someone else without Our prior written consent.

12.6. If a court finds part of this Agreement unlawful, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

12.7. Even if We delay in enforcing this Agreement, We can still enforce it later. Even if We delay in enforcing this Agreement, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under this Agreement, or if We delay in taking steps against you in respect of your violating 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.

12.8. Which laws apply to this contract and where you may bring legal proceedings. This Agreement, and any dispute, claim (including non-contractual disputes or claims), or matters arising out of or in connection with this Agreement will be governed by, and construed in accordance with, the laws of the State of New York, U.S., excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Agreement to the law of any other jurisdiction. If you are a Consumer resident in the European Union, these User Terms will not affect the mandatory laws and statutory consumer rights of your country of residence.

If a dispute, claim or matter arising out of or in connection with this Agreement is not subject to arbitration pursuant to Section 11, (1) if you are a Consumer resident or domiciled in the European Union, you may submit your claim to the court of your place of residence or domicile, and (2) if you are a resident of anywhere other than the European Union, you agree that any claim or dispute you may have against Us must be resolved exclusively by a state or federal court located in New York, New York, U.S. and you agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York, U.S. (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.

13. Additional Terms for App Marketplaces

When you access, purchase, or download our mobile application for Guests from the Apple App Store ("App"), you acknowledge and agree that:

  • These Terms are concluded between you and StreamYard, and not with Apple Inc. or its subsidiaries (collectively, “Apple”), and as between StreamYard and Apple, StreamYard is solely responsible for the App and the content thereof.
  • You may only use the App on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the terms and guidelines that govern your use of the Apple App Store (including the Apple Media Services Terms and Conditions), except that the App may be accessed and used by other accounts associated with your account from which you made your purchase via Family Sharing or volume purchasing.
  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you where applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of StreamYard.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Apple and StreamYard, StreamYard will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You may not use or otherwise export or re-export the App or any component or product thereof except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You also agree that you will not use the App or any component or product thereof for any purposes prohibited by such laws. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list.
  • You must comply with applicable third-party terms of agreement when using the App.
  • Apple is a third-party beneficiary of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

14. Additional Terms for YouTube

By using the Services with YouTube, you agree that you are bound by YouTube’s Terms of Service, available at https://www.youtube.com/t/terms. Your access to and use of YouTube through the Services is conditioned on your compliance with YouTube's Terms of Service, in addition to this Agreement.

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