Streambeat Creative LTD, a company incorporated under the laws of Cyprus (registration number HE 460100) (“Streambeat”, “we,” “us,” or “our”) owns and operates a website, www.Streambeat.gg, and a platform that enables you to promote your live stream and pre-recorded content on third-party websites. These Terms of Use (“Terms”) constitute a legally binding agreement made by and between Streambeat and you as an individual regarding the use of our website, including the products or services provided through our website (collectively, our “Services”), both personally and, if authorized to, on behalf of the third party for whom you are using the Services (collectively, “you” or “your”).
Please read these Terms carefully before you start using the Services. By accessing or using any part of the Services or by clicking “I agree” to these Terms when this option is made available to you, you agree that you have read, understood, and agreed to be bound by these Terms. Additionally, by agreeing to these Terms, you also agree to our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
YOU ACKNOWLEDGE THAT ALL FEES PAID FOR THE SERVICE ARE NON-REFUNDABLE, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 12 THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.
FURTHERMORE, THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.
We may change, modify, supplement, or remove portions of these Terms on this page of the website from time to time in our sole discretion.
If any changes to these Terms may affect your use of the Service or your legal rights as the user of our Services, we’ll strive to notify you before the update’s effective date by sending an email to the email address connected with your account or by any other convenient means. Such updates will be effective no less than [14] days from the date of notification.
Any other changes will be notified to you only by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.
If you don’t agree to the revisions, please stop using the Service, delete your account, or cancel your subscription before the effective date of the Terms. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised Terms.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE.
Last updated: October 4, 2024
To access the Services, you shall create an account by providing registration details (“Account”). You are permitted to create only one Account per email address, streaming platform identification number, or other registration identifier. The Account is for your personal use only, and you are not permitted to authorize others to use your Account or to transfer or assign it to another individual or entity unless expressly authorized by us. You are also responsible for promptly updating your Account information to ensure its accuracy.
If you register the Account, you represent and warrant to us that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
You must be at least 18 years old or other minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. In all cases, such parent or legal guardian is the user and is responsible for any and all activities under the Account.
You are fully responsible for all activities that occur under your Account, regardless of whether such activities are undertaken by you or a third party. Therefore, you should contact us immediately if you believe a third party may be using your Account, or if your Account credentials are otherwise lost or stolen. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.
You acknowledge and agree that we may restrict access to the Services from certain geographic locations. You further agree not to access or use the Services from any restricted location, and you are responsible for complying with any such restrictions.
We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
Streambeat may make certain Services, features, or functionality available to you, at no charge, which may be designated by Streambeat as a beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description, to be used in conjunction with or separate from the Services, as applicable (each, a “Beta Service” and collectively, the “Beta Services”). Streambeat agrees to allow you to test and evaluate the Beta Services, and you may choose to try such Beta Services or not at your sole discretion. Beta Services are intended for evaluation purposes, are not generally available, may contain bugs and errors, and may be subject to additional terms as set forth in any associated documentation.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED ‘AS-IS’ WITH RESPECT TO THEIR PERFORMANCE, SPEED, FUNCTIONALITY, SUPPORT AND AVAILABILITY, AND WE WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY HARM OR DAMAGE ARISING FROM DEFICIENCIES THEREWITH.
When purchasing our products and/or Services, you agree to provide accurate, complete, and current payment information. Payments will be processed through our third-party payment service providers, e.g., Stripe, and by providing your payment details, you authorize us (through Stripe) to charge your payment card or other payment method for all purchases you make, including any prepayments and/or fees applicable to the use of a credit or debit card or other payment mechanism. If there are any issues with processing your payment (e.g., your card is declined by Stripe or your card issuer), we will notify you via the email associated with your Account. You are required to resolve the issue, and we reserve the right to suspend or terminate your Account or access to the Services if payment issues remain unresolved.
We may offer different pricing models for our Services. By providing information about the pricing models in these Terms, we do not guarantee that the specified models will be available or remain unchanged. For example, we may offer the following pricing models (non-exhaustive list):
You may terminate your Account at any time by sending an email to support@streambeat.gg, indicating your intent to terminate. Please follow the instructions provided in our response. Terminating your Account does not entitle you to a refund for any payments already processed, nor will it prevent any pending charges from being processed. You may have the right to receive a refund for unused funds in your Account by sending an email request to Streambeat. Streambeat reserves the right to determine whether you have the right to receive the refund.
All prices are quoted in [euro]. Streambeat reserves the right to change the pricing at any time to the maximum extent permitted by applicable laws. We will give you reasonable notice of any such pricing changes by posting the new prices on our website and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can abstain from pre-paying for access to the Service.
You shall pay all applicable taxes, fees, or government charges that may be incurred in connection with your use of the Services or the purchase of products through the Services. These taxes may include, but are not limited to, sales tax, value-added tax (VAT), and other relevant taxes based on the rules of your jurisdiction. By using the Services, you authorize us to charge you for any applicable taxes related to your purchases. You are responsible for determining the applicability and extent of any taxes, and for remitting such taxes to the appropriate authorities, unless we are required to collect and remit those taxes on your behalf.
You acknowledge and agree that any additional fees, such as processing fees charged by your payment provider (e.g., bank fees, card processing fees), are your sole responsibility. We are not liable for any such fees, and you agree to pay all valid charges related to your purchase of products and/or Services, including those resulting from the use of third-party payment methods. Attempting to make payments by fraudulent means or intentionally preventing Streambeat from receiving funds for purchases made under your Account constitutes a material breach of these Terms and may result in termination of your Account.
Subject to remaining provisions of this Section 4, you agree that your purchase of the Services is final, that we will not refund any transaction once it has been made, and that the purchase cannot be canceled. When you make the purchase, you acknowledge and agree that all purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, we will provide refunds and/or purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law.
Wemay also provide refunds at its own discretion and subject to our policies that may be published from time to time. In the event that Streambeat, in its sole discretion, determines to issue a refund, such refund will be processed within sixty (60) days of that decision. The refund will be credited to the same payment method used for your most recent payment. You may be required to provide additional information or documentation to verify your identity before the refund is issued.
If you are a consumer based in the EEA or Switzerland, you have an automatic legal right to withdraw from contracts for purchases of Services. However, when you make a purchase of a Service, you expressly request and consent to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal, we will deduct from your refund an amount that is in proportion to the Service provided before you communicate your withdrawal from the contract to us.
Where you have not lost your right of withdrawal, the withdrawal period will expire 14 days after the day you enter into that contract. To exercise your right of withdrawal, you must inform us – Streambeat Creative LTD, registered address: Griva Digeni, 59, KAIMAKLIOTIS BUILDING, 5TH floor 6043, Larnaca, Cyprus, email: support@streambeat.gg, of your decision to withdraw from a contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, you need to send your communication to us saying you wish to withdraw from the contract before the withdrawal period has expired.
Model Withdrawal Form
To: Streambeat Creative LTD, registered address: Griva Digeni, 59, KAIMAKLIOTIS BUILDING, 5TH floor 6043, Larnaca, Cyprus email: support@streambeat.gg
I hereby give notice that I withdraw from my contract for the following service:
Received on:
Name:
Address:
Signature: (required only if sent by post mail)
Date:
All content on the website, or otherwise made available via the website, including the text, notes, graphics, photos, sounds, music, videos, interactivities (“Content”), the trademarks, service marks, and logos contained therein (“Marks”), the design of the website (“Site Design”), and all software and other technology used to provide the Services (“Technology”), are owned by or licensed to Streambeat. Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the website, Content, Marks, Site Design, and Technology. Using the website, products, and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design, or Technology. We expressly prohibit decompilation, reverse engineering, and disassembly of the Technology.
By using our Services, you affirm that you either own or have all necessary rights, licenses, consents, and permissions to all content that you restream through our Services (“User Content”). This includes, without limitation, any intellectual property rights, including but not limited to copyrights, trademarks, or other proprietary rights, as well as any rights to third-party content that may be included in the User Content. By uploading, submitting, or restreaming your User Content through our Services, you hereby grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, distribute, transmit, reproduce, display, perform, and modify the User Content solely for the purpose of providing the Services to you, including but not limited to the restreaming of User Content to third-party websites or platforms as directed by you. This license remains in effect for the duration of your use of our Services and terminates upon cessation of such use or the termination of your Account, except to the extent necessary to comply with any legal obligations or resolve disputes. You also allow us to use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should the User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Streambeat and its sub-licensees are allowed to use them to the extent indicated in these Terms.
You retain all ownership rights in your User Content, and nothing in these Terms grants us ownership of your User Content. However, you understand and agree that by submitting User Content through our Services, you allow us to restream, transmit, and distribute that User Content as part of the Services we provide to you.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (2) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. We reserve all rights and remedies against any users who breach these representations and warranties.
From time to time, Streambeat or a third party engaged by us may request feedback and other information from you about our Services (“Feedback”). Providing Feedback is optional. By providing Feedback, however, you will grant, and hereby do grant, Streambeat a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right and license to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with your name, in Streambeat’s sole discretion. Streambeat may also use the Feedback in anonymous and aggregate reviews.
You shall not:
You shall also not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”) that:
If we determine that you have violated the restrictions set forth in this Section, we may notify you of such violation and allow you a five (5) day cure period to remedy such violation. If you fail to cure such remediable violation, then we may terminate or suspend access to the Services for you. Irrespective of the cure period stated above, we reserve the right in our sole discretion to terminate or suspend access to the Services for you, at any time, if immediate action is required to address imminent potential harm or damages.
You expressly acknowledge and agree that your use of any of the Services is at your sole risk and responsibility. The Services are provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and the entire risk for use of the Services. Without limiting the foregoing, Streambeat does not warrant that (a) the Services will meet your requirements or expectations or achieve the intended purposes, (b) the Services will not experience outages or otherwise be uninterrupted, timely, secure, or error-free, (c) the information or content obtained through the Services will be accurate, complete, current, error-free, completely secure or reliable, (d) that defects in or on the Services or content will be corrected or (e) that the exact number of views in the selected regions will be achieved.
We cannot guarantee and do not promise any specific results from the use of the Service. You agree also to take the risks of interruption of the Service for any technical reasons.
We may change all the information provided on the Service at our sole discretion without notice. We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice.
These Terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
UNDER NO CIRCUMSTANCES SHALL THE STREAMBEAT BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS (INCLUDING ANY BREACH OF SECURITY OR DATA, VIOLATING OTHER PLATFORMS TERMS OF USE) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
STREAMBEAT’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF TEN U.S. DOLLARS ($10) OR THE AMOUNT OF FEES RECEIVED FROM YOU FOR THE USE OF THE SERVICES DURING THE SIX MONTHS PRIOR TO THE DATE OF YOUR CLAIM AGAINST US. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION.
THE PARTIES ACKNOWLEDGE THAT THIS SECTION REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT STREAMBEAT WOULD NOT ENTER INTO THESE TERMS OR MAKE THE SERVICES AVAILABLE TO YOU WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT ONE OR ANY ASPECT OF LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold Streambeat, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (ii) your violation of these Terms.
Streambeat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Streambeat. Streambeat will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Streambeat currently uses Stripe, Inc. and its affiliates (for processing Stripe transactions) and may in the future use services as the third-party payment processor for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Payment Processor(s)”). By purchasing the Service, You agree to be bound by the Third-Party Payment Processors’ privacy policy and its terms of service and hereby consent and authorize Streambeat and the Third-Party Payment Processor(s) to share any information and payment instructions You provide with each other to the maximum extent required to complete Your transactions.
The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Ad, you will be subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Ads are not under the control of Streambeat. Streambeat is not responsible for any Third-Party Websites, Third-Party Applications, or Third-Party Ads. Streambeat provides these Third-Party Websites, Third-Party Applications, and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. Your use of all Third-Party Websites, Third-Party Applications, and Third-Party Ads shall be at your own risk. When you leave our website, these Terms and our policies shall no longer govern. It shall be your responsibility to review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads and to make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You may terminate your Account and discontinue use of the Services at any time by providing written notice to us via email at support@streambeat.gg stating your intention to terminate your Account. Upon receipt of your termination request, we will provide instructions to confirm the termination process.
We reserve the right, at our sole discretion, to terminate or suspend your access to the Services, your Account, or any portion thereof, without prior notice, for any reason, including but not limited to:
In the event of termination by us, we will make reasonable efforts to provide notice to you via the email address associated with your Account.
Upon termination of your Account, whether by you or by Streambeat:
THIS SECTION 12 OF THE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, IN PARTICULAR:
Applicability of Arbitration Agreement. This Arbitration Agreement governs any dispute between you and Streambeat (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and the Streambeat, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms (“Dispute”), except claims that can be brought in small claims court if your claims qualify within the scope of that court's jurisdiction.
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver provisions by sending electronic notice of your decision to opt-out to support@streambeat.gg with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. If you opt out of this Arbitration Agreement, Streambeat also will not be bound by it and any Dispute shall be resolved in accordance with Section 13. If you don’t exercise the right to opt-out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
The relevant arbitrator shall have sole authority to determine the applicability, existence, validity, and termination of the arbitration agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
Initial Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. The parties, therefore, agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or video conference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you have any dispute with Streambeat, you agree that before taking any formal action, you will contact us at support@streambeat.gg or at Streambeat Creative LTD, registered address: Griva Digeni, 59, KAIMAKLIOTIS BUILDING, 5TH floor 6043, Larnaca, Cyprus, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Streambeat, and good faith negotiations will be a condition to either party initiating an arbitration. Engaging in an informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before the completion of an informal dispute resolution. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Mandatory Arbitration. This Arbitration Agreement provides that all Disputes must be resolved through BINDING ARBITRATION, except to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution.
YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND AGREE TO HAVE OUR DISPUTES FINALLY SETTLED BY BINDING ARBITRATION before one arbitrator administered by:
In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.
Arbitration procedures. The seat of the arbitration shall be:
The governing law applicable to the Arbitration Agreement and the arbitration shall be:
The language of the arbitration shall be English.
Waiver of Class Action and Collective Relief. EXCEPT AS SPECIFIED IN THE “BATCH ARBITRATION”, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS OF THE SERVICES, OR ANY OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Arbitration Agreement. This Arbitration Agreement shall survive the termination of Your relationship with Streambeat.
These Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).
To the extent that any action relating to any dispute hereunder is for whatever reason, not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the courts of England and Wales to settle any disputes that may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts.
The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.
If you are a consumer based in the EEA or Switzerland:
Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
You may bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EEA, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. Streambeat shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence.
You agree that the Services, Terms, and any dispute between you and Streambeat shall be governed in all respects by laws of England and Wales, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of the Terms, and shall not affect the validity and enforceability of any remaining provisions.
We shall have no liability under the Terms to the extent arising from any failure of Streambeat to perform any of its obligations under the Terms due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within our reasonable control.
The Terms constitutes the entire agreement between you and us relating to the matters set forth herein, and shall not be modified except in writing.
Except as otherwise expressly provided, these Terms set forth the entire agreement between you and Streambeat regarding its subject matter, and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.
Streambeat may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give Streambeat consent to any such assignment and transfer. You confirm that placing on the Service a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of the Streambeat’s rights and obligations under the Terms (unless otherwise expressly indicated).
All information communicated on the Service is considered electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You also agree that such communication may be conducted by using third-party providers that allow us to manage and facilitate these electronic interactions efficiently and securely. In recognition of the diverse and complex nature of our Service, you acknowledge that we engage third-party providers for a broad range of services that support and enhance our offerings. This may include, but is not limited to, processing transactions, as well as other operational, technical, and logistical support functions. Our use of third-party service providers allows us to deliver our Service more efficiently and effectively for you. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
If you want to send any notice under these Terms or have any questions regarding the Service and Products, you may contact us at: support@streambeat.gg.
Streambeat Creative LTD, registered address: Griva Digeni, 59, KAIMAKLIOTIS BUILDING, 5TH floor 6043, Larnaca, Cyprus.