Website Terms & Conditions

xSTREAM TECHNOLOGY, LLC KNOWN HEREIN AS xSTREAMTECHNOLOGY.COM

OWNERSHIP AND PUBLIC USE

These terms and conditions govern the public use of this website; as set forth by its policies and terms of conditions herein. By using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you MUST NOT USE This website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to usage of cookies; in accordance with the terms and conditions that govern this website.

The website’s licensor of the domain name server and website services are herein governed by "CC Dantas, known as the "Website Host and Developer" or known herein as the operator and "Host Licensor", whom is acting in good faith in the behalf  of the public usage policy and the Terms and Conditions of the Website and ALL PARTIES, OWNERS, SALES AGENTS, AND WEBSITE HOSTS, warrants and will not sell to other third parties information gathered ABOUT YOU FROM BY THE usage of this website’s cookies.  xStreamTechnology.com, will however, will allow your public usage hereto as follows:

a.    Post Blogs per the user of the website’s consent AND; if the CONTENT is acceptable to remain on the website OR;   
b.    Respond to another User’s blog; if the response is was posted in good nature; and does use offensive language.
c.    Allow a user to sign up for a Demo; with the following conditions and limitations of said user:

1. A SALES AGENT may utilize your contact information for internal company purposes only and as your consent to view a demo AND if you are at least 18 years of age; AND IF YOU ARE AN ENTERPRISE OR COMPANY; acting in good faith in behalf of your affiliated ENTERPRISE OR COMPANY. AND;

2. THE ENTERPRISE AFFILIATE SIGNING UP FOR THE DEMO AGREES TO ABIDE BY THE FOLLOWING:

A. AGREE to SIGN UP FOR A DEMO IS ACTING IN GOOD FAITH  FOR THE TRUE INTEREST OF EITHER BUYING OR LICENSING xSTREAM TECHNOLOGY’S PATENTED TECHNOLOGY, herein known as the PATENTED INTELLECTUAL PROPERTY AND ANY BUSINESS PRODUCT OR PROPERTY AS AN ASSET OF xSTREAM TECHNOLOGY, LLC AND WITH GOOD MORALS AND INTENT TO DO SO, AND

B. THE INITIATOR FOR AN ENTERPRISE OR COMPANY DULY AGREES TO ALLOW A SALES AGENT TO REPRESENT YOU AND YOUR ENTERPRISE COMPANY IN THIS ENDEAVOR, AND

C. YOU, AS A POTENTIAL CLIENT, ACKNOWLEDGE THAT THE SALES AGENT; NOR ANY OTHER MEMBERS NOR REPRESENTATIVES OF xSTREAM TECHNOLOGY WILL IN ANY WAY ENCUMBER YOUR PERSONAL INFORMATION NOR THOSE    AFFILIATED WITH YOUR ENTERPRISE OR COMPANY AND WILL NOT SELL YOUR INFORMATION TO A THIRD PARTY INCLUDING INFORMATION OBTAINED BY THE WEBSITE’S COOKIES, AND;

E. YOU, AND YOUR AFFILIATED ENTERPRISE OR COMPANY AGREE TO NOT HOLD THE WEBSITE LIABLE NOR ANY AFFILIATE OF THE WEBSITE, NOR ANY AFFILIATE OF xSTREAMTECHNOLOGY.COM FOR ANY CAUSE OF ACTION AS A RESULT OF INTERACTING WITH ANY PORTION OF THE CONTENT; OR AS PUBLIC USE OF THE WEBSITE DUE TO THE PERCEPTION RELATED TO A CAUSE OF ACTION; RESULTING FROM THE WEBSITE COOKIE(S) OR OTHERWISE; AND HEREAS; NOTWITHSTANDING, NOR AS FORESEEN AS HAVING OCCURRED BY VISITING OR INTERACTING WITH THE WEBSITE’S CONTENT.

License to use website

Unless otherwise stated, The owner of xStreamtechnology.com; doing business as xStream Technology, LLC owns the intellectual property rights and ALL content of the website and ALL material’s on the website; UNLESS any third party digital content was bought or purchased under a licensing agreement. Then, that property and material remain the property of the licensor; and xStreamtechnology.com as the licensee; as Subject to this License; AND, all intellectual property rights and types are reserved exclusively for xStreamtechnology.com, INCLUDING BUT NOT LIMITED TO ALL TRADEMARKS; COPYRIGHTS, DIGITAL RIGHTS MANAGEMENT FOR CONTENT WITHHOLDING;  Pending or Otherwise. You may view, download for caching purposes only, and /OR post blogs, OR blog responses, sign-up for a Demo, and interact with other acceptable “Content”; subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • or a public purpose edit or otherwise modify any material on the website with the exception of the limitations of posting a blog, commenting on a blog, signing up for a demo, contacting a sales representative, or all other public website interactions; AND all other directives per the website, for the xstreamtechnology.com domain and website.
  • You may not redistribute material from this website, AND if it is known that material was redistributed due to public usage of the site; the user may be banned from the site and/or as set forth by the United States Federal Trade Commission and or affiliates thereof.

You Must:

  • abide by the Acceptable Use Policy, Public Use Policy, Cookie Policy, and All Other’s as duly noted, within; as the Terms of Agreement for the Website; as a legally bound document

Acceptable Use:

You may not use this site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not perform any malicious activities upon the website for personal gain or for the purpose of gaining a competitive advantage in the business market place.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without xStreamtechnology.com express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing OR sales without xStreamtechnology.com express written consent; Unless, you are an authorized and duly licensed Sales Agent; AND under a contractual agreement to do act in a Sales Agent role for xStream Technology, LLC.

Note:  You may contact xStreamtechnology.com in conjunction with its Acceptable Use Policy via its Contact Page within the website.

Restricted access

Access to certain areas of this website is restricted.  xStreamtechnology.com reserves the right to restrict access to public, private areas of this website, or indeed this entire website, at xStreamtechnology.com discretion.

If xStreamtechnology.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  You may not distribute any passwords given to you for any reason to anyone. This will be enforceable and subject to the consideration of unlawful activity as described herein.

xStreamtechnology.com may disable your user ID and password in xStreamtechnology.com in our sole discretion without notice or explanation, UNLESS; xStreamtechnology.com has an explicit written contractual agreement in effect that is associated with a particular user; as the case with any Sales or Marketing Agent.  If the latter is the case, the contractual agreement will take precedence over the disabling of password’s and ID and as explicitly set forth in the contractual agreement. Otherwise only the owners and administrator, Shara Vincent or Cody Vincent acting in the behalf of xStreamtechnology.com can disable a password or a user ID.

User content

In these terms and conditions, "the website content" means material including without limitation text, images, audio material, video material and audio-visual material) that is explicitly suited for xStreamtechnology.com’s website and for any purpose the website administrator’s and owner’s desire; as long as must the content is not illegal or unlawful, and does not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or xStreamtechnology.com or a third party; in each case under any applicable law.  
 
In these terms and conditions, "the public user content" means interactive content or material including the following: A user blog, and all responses to other user blog, or other interactive content.  However, all user posted content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or xStreamtechnology.com or a third party; in each case under any applicable law or be subject to be “banned” from the site.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

xStreamTechnology.com reserves the right to edit or remove any material submitted to this website, or stored on its domain or subdomain servers, or as hosted or published upon this website.

Notwithstanding xStreamTechnology.com rights under these terms and conditions in relation to user content, xStreamTechnology.com does undertake to monitor the submission of such content to, or the publication of such content on, this website.

This website is provided “as is” without any representations or warranties, express or implied.  xStreamTechnology.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, xStreamTechnology.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website; especially in relation to user posted content, is complete, accurate or without error that is perceived as misleading. However, xStreamTechnology.com has made every effort and will continue to make every effort to justify the content of the website.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

xStreamTechnology.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, relationships, reputation, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if xStreamTechnology.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit xStreamTechnology.com’s liability in respect of any:

  • death or personal injury caused by xStreamTechnology.com negligence;
  • perception of fraud or a perception of fraudulent misrepresentation on the part of xStreamTechnology.com or
  • matter which it would be illegal or unlawful for xStreamTechnology.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, xStreamTechnology.com has an interest in limiting the personal liability of its officers, contractors, affiliates, and employees.  You agree that you will not bring any claim personally against xStreamTechnology.com officers, contractors, affiliates, or employees in respect of any losses you suffer in connection with the website. Losses in this context may be regarded also to those as having a competitive advantage.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect xStreamTechnology.com officers, contractors, affiliates, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as xStreamTechnology.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify xStreamTechnology.com and undertake to keep xStreamTechnology.com indemnified against any losses, damages, costs, liabilities and expenses as incurred or suffered by xStreamTechnology.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to xStreamTechnology.com other rights under these terms and conditions, if you breach these terms and conditions in any way, xStreamTechnology.com may take such action as xStreamTechnology.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

xStreamTechnology.com and its owners may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version. All revisions to these terms and conditions have been posted or duly authorized by the Owners of xStreamTechnology.com only,  No other parties, including but not limited to its associated third parties and or its affiliates, licensors, employees, contractors, agents, subcontracts or otherwise may not make revisions to these terms and agreements at will.

Assignment

xStreamTechnology.com may transfer, sub-contract or otherwise deal with xStreamTechnology.com rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute, along with any private or public affiliated DOCUMENTS, the entire agreement between you and xStreamTechnology.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of THE UNITED STATES OF AMERICA; IN THE STATE OF FLORIDA.

Registrations and authorizations

xStreamTechnology.com and its domain name is registered with CC Dantas Website in affiliation with its third party host.
xStreamTechnology.com and its patented technology is registered with the United States Patent Office under U.S. Patent No’s: 8,706,836 and 9,671,201 respectively.

You can contact xStreamTechnology.com within the website’s under the Contact Us page.

Credit Attribution:

This document was created as a basic temple and freely available at http://www.freenetlaw.com, however, the verbiage within this terms and conditions document was modified to meet the specific needs of xStreamTechnology.com; thus these modifications were made in accordance with its public usage license; and whereas xStreamTechnology.com is the owner of all modifications per its public use and license attribution by the basic temple holder as duly noted above.