PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT.
These Terms of Service govern your use of Stream Hatchet ("Stream Hatchet","StreamHatchet", "us", "we", "our") at www.streamhatchet.com ("streamhatchet.com") and your relationship with us in relation to your use of our web site and all related services, software applications and networks operated by Stream Hatchet, SLU.
Please read these Terms of Service carefully as they affect your rights and liabilities under the law. By using our service you hereby are bound to these Terms of Service.
Stream Hatchet is an online service that provides web-based analytics and statistics for use in video game streaming and broadcasting.
You hereby understand that content in some circumstances may be transferred unencrypted and can involve transmissions over various networks.
When using or opening an account with us on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
Our services are not available to persons under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18) (or between thirteen (13) and the age of legal majority in your jurisdiction of residence), you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
Our services are also not available to any users previously removed from our services by us.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN THIRTEEN (13) AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING OUR SERVICES.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to us upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by us, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. We reserve all available legal rights and remedies to prevent unauthorized use of our services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify us directly through one of the means listed on our team page.
Access to our services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing our services.
Our services are owned and operated by Stream Hatchet, SLU. Unless otherwise indicated, all content, information, and other materials of our services, including, without limitation, our trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained in our services are the property of Stream Hatchet, SLU, or its parents, subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by us, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use our services for your personal use or internal business use only.
We reserve all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of our services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of our services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of our services, the Materials, or any information contained in them, except as expressly permitted in our services; or (f) any use of our services or the Materials except for their intended purposes. Any use of our services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Stream Hatchet, SLU is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. We can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of our services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse our services; or (c) we are unable to continue providing our services to you due to technical or legitimate business reasons.
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our services.
You agree that you will comply with these Terms of Service and will not:
We may provide other third party content on our services (collectively the “Third-Party Content”). Stream Hatchet does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on our services.
You are responsible for deciding if you want to access or use third party websites or applications that link from our services (“Reference Sites”). Stream Hatchet does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Stream Hatchet or its employees, you acknowledge and agree that we shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
If you no longer wish to have a connected account, you may terminate your account by submitting a ticket explicitly stating your wish to terminate. If you no longer accept these Terms of Service, or any future modification to these Terms of Service, you must cease using our web site. Continued use of our web site indicates your continued acceptance of these Terms of Service.
If, for any reason, we believe that you have not complied with these Terms of Service, we may, at our sole discretion, cancel your access to the restricted areas of our website immediately and without prior notice.
We may terminate your registered account, at our sole discretion, without prior notice.
Stream Hatchet, SLU may include or link to other services, networks or applications outside of our control ("Third Parties").
We are not liable or responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party web sites. Your access to such third parties is at your own risk.
The selecting or purchasing of an overlay ("The Product") does not grant the user ownership of The Product. The user is granted access to use The Product through our service only and remains the property of Stream Hatchet, SLU.
THE MATERIALS ON OUR WEB SITE ARE PROVIDED "AS IS". STREAM HATCHET, SLU MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, STREAM HATCHET, SLU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL STREAM HATCHET, SLU OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON STREAM HATCHET, EVEN IF STREAM HATCHET, SLU OR A STREAM HATCHET, SLU AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STREAM HATCHET; (B) STREAM HATCHET, SLU, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“STREAM HATCHET PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) STREAM HATCHET DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE STREAM HATCHET SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) STREAM HATCHET IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE STREAM HATCHET ATTEMPTS TO MAKE YOUR ACCESS AND USE OF OUR SERVICES SAFE, STREAM HATCHET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREAM HATCHET OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM “STREAM HATCHET” INCLUDES STREAM HATCHET’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL STREAM HATCHET OR THE STREAM HATCHET PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE STREAM HATCHET SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM STREAM HATCHET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STREAM HATCHET’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STREAM HATCHET, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE OUR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN STREAM HATCHET AND RECEIVED THROUGH OR ADVERTISED ON THE STREAM HATCHET SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
III. BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT STREAM HATCHET HAS OFFERED THE STREAM HATCHET SERVICES, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STREAM HATCHET, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STREAM HATCHET. STREAM HATCHET WOULD NOT BE ABLE TO PROVIDE THE STREAM HATCHET SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
(i) To the fullest extent permitted by applicable law, you and Stream Hatchet agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH STREAM HATCHET AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STREAM HATCHET.
You and Stream Hatchet agree to arbitrate any dispute arising from these Terms of Service or your use of our services, except that you and Stream Hatchet are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Stream Hatchet agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Stream Hatchet shall be sent to Stream Hatchet, SLU, Attn: Legal, Carrer Major 34, 3r, 1a, 08221, Terrassa, Barcelona, SPAIN. You and Stream Hatchet further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Barcelona province; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Barcelona province, Spain have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the autonomous community of Catalunya and applicable Spain law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Stream Hatchet will not commence against the other a class action, class arbitration or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence.
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.
YOU AND STREAM HATCHET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stream Hatchet without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any Stream Hatchet Service must be made using the appropriate level of legal process, and must be properly served on Stream Hatchet, SLU, Attn: Legal, Carrer Major 34, 3r, 1a, 08221, Terrassa, Barcelona, SPAIN.
Please note that Stream Hatchet does not accept such requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Stream Hatchet Service at issue, and the username at issue, the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.
The Stream Hatchet Services are offered by Stream Hatchet, SLU, located at: Carrer Major 34, 3r, 1a, 08221, Terrassa, Barcelona, SPAIN.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time. This document will be updated appropriately in accordance to these changes. Please check back regularly for any amendments. Your continued use of or access to our service constitutes acceptance of these changes. The latest update date can be found at the end of this policy.
This web site is owned and operated by Stream Hatchet SLU, a company incorporated in Spain. You may contact us directly through one of the means listed on our team page.
Last Updated: 3rd May 2019