Cyber security

General Terms of Use

Last Updated on 03/21/2022

1. INTRODUCTION

This website, application, and other services, including, but not limited to, DataStreem, SecureStreem, RemoteStreem, AutoStreem and MobileStreem (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by ARC Holdings LLC and its affiliates and subsidiaries (“ARC”, “we”, “our”, “us”). These Terms, together with our Privacy Policy at https://www.downstreem.com/privacypolicy and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services.

 

Please read these Terms carefully. These Terms form a legally binding contract between you and us. By downloading, accessing, or otherwise using any Services in any way, you agree to be bound by these Terms as well as any other applicable terms and conditions or agreements you enter into with us regarding your use of any portion of the Services. If you do not agree to be bound by these Terms you should not create an account (“Account”) in relation to the Services or download, access or otherwise use any Services.

 

To use the Services, you may be required to comply with third-party platform operator terms (e.g., Apple’s App Store or Google’s Play Store terms). If you are accessing any Services via any third-party platform then these Terms shall apply in respect of your use of the Services, in addition to any terms and conditions imposed by such third-party platform.

 

2. CHANGES TO THESE TERMS

We may change these Terms to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to Services; (e) improvements for clarity and consistency; or (f) any other reason within our sole discretion.

 

Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes, you should stop using the Services.

 

3. USERS UNDER 18

The Services are not intended for any users under 18 years of age. We do not knowingly collect or store any personally identifiable information from anyone under 18 years of age.

 

If you are under 18, by using the Services you are representing that you have consent from your parents/guardian to use the Services in accordance with our Terms. We may suspend or terminate any Account if we are not satisfied that such consent has been given. You and your parent(s) or guardian(s) must review these Terms together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Services. We recommend that parents and guardians familiarize themselves with parental controls on devices they provide their child.

 

4. YOUR ACCOUNT AND LICENSE

To use many features of the Services, we require you to create an Account. We grant valid Account holders a non-exclusive, non-transferable, non-sub-licensable, personal, limited license, which can be revoked at any time, to access and use the Services and (as applicable) to download and use our software and install the Services on a device and to connect to our servers solely to use the Services subject at all times to your strict compliance with these Terms. We reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights. You may not otherwise use, decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Services. Further you may not use any automation tools, macros, bots, auto-typers and tools to circumvent any technical mechanisms or protections in place, share, sell or buy any other Accounts, or use multiple Accounts to break any of these Terms, exploit any known faults or bugs in the Services or impersonate any of our employees, officers or agents, persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information, encourage others whether directly or indirectly to break any of these Terms, use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory, nor ask for any personal details of other users, or advertise other websites using the Services.

 

Except as provided in these Terms, use of the Services does not grant you any right, title, interest, or license to any such intellectual property you may access through the Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited.

THE SERVICES AND ANY ASSOCIATED SOFTWARE ARE LICENSED TO YOU, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE SERVICES.

 

You agree to keep your password safe at all times and not to disclose it to any other person. You are fully responsible for all activities on your Account (including the activities of all persons who use your password to gain access to your Account or who use the device on which the Services are installed and/or downloaded) and for complying with any licenses granted in these Terms. You are expressly prohibited from allowing anyone else to use your Account. We may immediately suspend or terminate your Account if someone else uses it. To help ensure the safety of your password, you must keep your computer and/or device (as applicable) free of viruses and other malicious code including trojan horses, worms, time bombs, malware, and spyware. You must use your password in accordance with the password requirements specified in the rules of the Services.

 

We do not guarantee the Services will be secure or free from bugs or viruses.

 

You must not attempt to gain unauthorized access to the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy. In the event of such a breach, your right to use and licenses granted in these Terms will cease immediately without notice from us.

 

You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations, including, without limitation, data privacy and protection laws and United States export control and economic sanctions laws and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements. You agree, represent and warrant that (a) you will clearly post, maintain and abide by a privacy notice that complies with applicable laws, rules and regulations, (b) you will obtain and maintain all necessary permissions and valid consents to lawfully transfer data to us and to enable such data to be lawfully collected, processed and shared by us for the purposes of providing the Services, and (c) you will provide all necessary notices and obtain necessary consents required by applicable data protection and privacy laws to enable us to perform the Services.

If you believe that someone has stolen your password or you believe you have lost or had stolen the device upon which the Services are installed or accessible or you believe that someone other than you have gained access to your Account, you should immediately contact us at information@downstreem.com. You will remain responsible for your Account until you have notified us.

 

5. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESTRICTIONS

Any names, brands, and logos on the Services, whether existing now or in the future, are either the registered and/or unregistered trademarks of Arc or owned by third parties and licensed for our use.

Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Services by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any Services except in accordance with these Terms.

You acknowledge that all intellectual property and other rights in any Services, including without limitation any Account and content in the Services are and will remain the property of Arc and/or our licensors. As part of the license granted under these Terms, you are only granted limited non transferrable, non-sub-licensable permission (which can be revoked at any time) to use such content or Services, subject to and in accordance with these Terms.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE, OR OTHER PROPRIETARY INTEREST IN ANY SERVICES OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ARC.

 

We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services unless required by law.

 

6. SUSPENDING OR TERMINATING YOUR ACCOUNT

If, acting reasonably, we consider that:

  1. Our Terms or any Services rules have or may have been breached or will be breached.

  2. there has been fraudulent, unlawful, or abusive activity; and/or

  3. it is necessary in order to prevent or stop any harm or damage to us, to any Services, to other players, the general public or to you then:

 

In our sole discretion, we may at any time: (i) suspend or terminate any or all of your Accounts; and/or (ii) restrict access to any content-uploading or other feature of the Services.

 

WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), WE MAY SUSPEND OR TERMINATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.

 

7. FUNCTIONING OF SERVICES

We will use reasonable endeavors to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control.

 

We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems, or equipment, or in conjunction with any particular non-Arc approved software or connectivity services. We do not accept responsibility for such equipment, software, or services. We also do not guarantee that the Services can be accessed in all geographic locations.

 

8. THIRD PARTY SITES AND TECHNOLOGIES

THE SERVICES MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.

 

ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. WE DO NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.

 

9. LIABILITY DISCLAIMER

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES.

 

IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Arc.

You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (a) your use of the Service, (b) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (c) any misrepresentations by you, or (d) your breach of these Terms.

 

10. USE OF YOUR PERSONAL INFORMATION

We will use your personal data as set out in our Privacy Policy at https://www.downstreem.com/privacypolicy.

 

11. GENERAL

These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor, and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms. These Terms are governed by the laws of the state of Arizona. You and we both agree to the exclusive jurisdiction and venue of the state and federal courts in Arizona and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Services.

 

12. FORCE MAJEURE

Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict, or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months, we may terminate access to the Services immediately on service of notice to you.

 

13. CONTACT US

For answers to your questions or ways to contact us, email us at information@downstreem.com or you can write to us at:

 

Downstreem LLC

16165 N 83rd Ave

Suite 200

Peoria, AZ 85305

 

© Copyright 2022 ARC Holdings LLC. All Rights Reserved.

 
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