Terms of Service
StreamThatCause.com, LLC (hereinafter “StreamThatCause”) is a Kentucky limited liability company that: ((1) provides a platform to charitable organizations and others whereby charitable organizations and others may submit (e.g., "upload") content wholly-owned and/or controlled by the charitable organizations and/or others to the StreamThatCause Website (hereinafter the “Website” or “StreamThatCause Website”) which is located at StreamThatCause.com or other websites owned, controlled, operated or hosted (whether now or in the future) by StreamThatCause and/or its corporate affiliates so that said content can be viewed by the general public via the Website; and (2) provides charitable organizations and other users an opportunity whereby charitable organizations and others may use the Website technology to engage in and conduct a Web-a-thon; and (3) offers charitable organizations and others a forum whereby charitable organizations and its associates or those interested in the respective charitable organization may post or comment on the Web-a-thon Blog (hereinafter these services described in (i) through (iii) above are collectively referred to as the “Web-a-thon” or “Web-a-thon Services”). The charitable organizations and others, after uploading the User Materials to the Website, may sign up “pledgers” to pledge a certain amount of money based on the number of times an individual comes to the Website to view the User Materials. The Web-a-thon is similar to and modeled after, a jog-a-thon whereby individuals pledge a certain amount of money for every lap an individual runs. In these Web-a-thons, however, an individual is solicited by the charitable organization or other individuals to contribute a certain amount of money to the charitable organization for each time the charity’s video or User Materials are viewed on the Website. StreamThatCause does not solicit any contributions on behalf of any charitable organization, rather StreamThatCause provides the website technology whereby the Users may engage in and conduct the Web-a-thon.
These Terms of Service (this "Agreement") set forth certain terms and conditions of the legal contract between you ("User") and StreamThatCause with respect to User’s use of the StreamThatCause Website, Web-a-thon, and Web-a-thon Blog whether as an individual visiting the site to view User Materials, as a pledger, or as a charitable organization using the Web-a-thon Services. By using the Website or Web-a-thon, User agrees to be also bound by the StreamThatCause Privacy Policy.
1. TERM/FEES:
This Agreement shall remain in full force and effect for as long as User uses the Website or Web-a-thon Services. User may terminate its use of the Web-a-thon Services, for any reason by choosing terminate on their webpage. StreamThatCause may terminate its Web-a-thon Services, for any reason, effective immediately upon sending notice to you at the email address you provide. If StreamThatCause terminates User's use of the Web-a-thon Services due to a breach of this Agreement, User shall not be entitled to the refund of any unused portion of the fees for said use. Even if User’s use of the Web-a-thon Services are terminated, this Agreement will remain in full force and effect, provided, however, that User Materials submitted by User may no longer be accessible on the Website once User’s Web-a-thon has been cancelled. By using the Web-a-thon Services, User acknowledges that StreamThatCause reserves the right to charge a flat fee for the Web-a-thon Services and has the right to terminate User’s Web-a-thon Services should User breach this Agreement or fail to pay for the Service, as required by this Agreement. The flat fee amount charged to User for use of the Web-a-thon Services Web-a-thon Services may change from time to time.
2. STATE COMPLIANCE:
Approximately 45 states regulate the solicitation of charitable contributions. User agrees that by using the Website and/or the StreamThatCause Web-a-thon Services, then User will comply with any and all applicable states laws regulating charitable appeals.
3. SOLICITATION OF CONTRIBUTIONS
StreamThatCause does not solicit contributions on behalf of charitable organizations. StreamThatCause provides a technology whereby charitable organizations and others may download user materials (e.g. a video). The charitable organization and other users may contact individuals to persuade these individuals to visit the Website and view the charitable organization’s or other’s User Materials (video). StreamThatCause does not contact any member of the general public to solicit any individuals and does not contact any member of the general public or any entities to solicit any pledges. StreamThatCause simply provides a website technology whereby charitable organizations and others may engage in and conduct a Web-a-thon.
4. ELIGIBILITY:
Usage of the Web-a-thon Services is void where prohibited. By using the Web-a-thon Services, User represents and warrants that all User Materials uploaded to the Website are truthful and accurate, and User agrees to maintain the accuracy of such information. User further represents and warrants that User is 14 years of age or older and that User's use of the Web-a-thon Services does not violate any applicable law or regulation. Users’ use of the Web-a-thon Services may be terminated without warning if it is found that User is misrepresenting his/her age or making any misrepresentations in any User Materials uploaded to the Website. Usage of the Website and Web-a-thon Services is solely for use by charitable organizations to use the technology provided by Streamthatcause. Any other use is expressly prohibited, and User shall not authorize others to use the Web-a-thon Services without the permission of Streamthatcause. User is solely responsible for all content (including, without limitation, User Materials) published or displayed on the Streamthatcause Website by User and for User's interactions with other Users.
5. USER CONDUCT:
User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to:
1.violate any applicable law or regulation;
2. submit any materials that conflict with any of User’s representations and warranties set forth in Section 13 of this Agreement;
3. infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights;
4. use any content or information available on the Website or through the Web-a-thon Services for any unauthorized purpose;
5. interfere with or damage any of the Website or Web-a-thon Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
6. use any of the Website or Web-a-thon Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing;
7. use any of the Websites or Web-a-thon Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements;
8. "stalk" or harass any other user of the Website or Web-a-thon Services;
9. collect or store any information about any other user other than in the course of the permitted use of the Website and Web-a-thon Services;
10. use any of the Website or Web-a-thon Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell or otherwise exploit any product or service);
11.sell or otherwise transfer any other user's User Materials; or
12 assist any third party in doing any of the foregoing. StreamThatCause may terminate the Web-a-thon Services Web-a-thon Services of Users who violate the foregoing.
For any Users who Streamthatcause determines, in its sole discretion, are infringers of third-party intellectual property rights, Streamthatcause will terminate their use of the Web-a-thon Services Web-a-thon Services, as the case may be, and prohibit them from future use of any Web-a-thon Services Web-a-thon Services. User is solely responsible for User's interactions with other users of the Web-a-thon Services or with Users interaction with any Users. Streamthatcause will not be responsible for any damage or harm resulting from User's interactions with other users of the Web-a-thon Services or with any other Users. Streamthatcause reserves the right, but shall have no obligation, to monitor interactions between User and other users of the Web-a-thon Services and take any action in good faith to restrict access to or the availability of any material that Streamthatcause or another user of the Web-a-thon Services or other Users may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.
User's Material submitted or uploaded to the Website may not contain nudity, violence, or offensive subject matter. Information provided by other Users may contain inaccurate, inappropriate or offensive material, products or services and Streamthatcause assumes no responsibility or liability for this material.
6. PRIVACY:
The Website and Web-a-thon Services are designed to allow Users to post content (e.g., photographs, videos and information about their charitable organization) for public review and in a public forum. Accordingly, by submitting User Materials and/or any personal information on any of the Websites or through any of the Web-a-thon Services, User thereby waives any and all privacy expectations (including the privacy expectations of any other individual who appears in the User Materials or otherwise) with respect to Streamthatcause's use of the User Materials. If User chooses not to have his/her content, picture, video, or any other information about themselves or their charitable organizations viewable by a global audience, User should not use the Websites and Web-a-thon Services.
Streamthatcause may collect certain personal information from User that is not displayed on the Streamthatcause Website. Please view the Streamthatcause Privacy Policy concerning such personal information.
7. OWNERSHIP:
User shall at all times retain all right, title and interest in and to the User Materials provided by User hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to Streamthatcause under this Agreement. User is free to grant similar rights to others during and after the Term of this Agreement. When User submits User Materials on the Website or by using the Web-a-thon Services, User acknowledges that third parties may use the User Materials as described herein. User acknowledges and agrees that Streamthatcause is, and shall at all times remain, the sole and exclusive owner of all right, title and interest (including, without limitation, copyright), in and to the Streamthatcause Website, Streamthatcause Web-a-thon Services, Streamthatcause Marks (as defined in Section 21 of this Agreement) and any and all Content (excluding User Materials and Third Party Content) made available on the Streamthatcause Website and/or through the Streamthatcause Web-a-thon Services and any other services provided by Streamthatcause (collectively “Streamthatcause Content”), and that User's right to use the Streamthatcause Website, Streamthatcause Web-a-thon Services, Streamthatcause Marks and Streamthatcause Content, as set forth herein, shall be for the use of a charitable organization, non-commercial use only and shall not in any way transfer or convey any ownership rights or other proprietary interests therein to User.
8. LICENSE:
Unless expressly otherwise stated in this Agreement or otherwise agreed between User and Streamthatcause in a writing signed by both parties, User hereby grants to Streamthatcause a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
1.to prepare and encode User Materials, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised;
2.to display, copy, reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, in digital or physical form, any or all of the User Materials, including any portion thereof, and to include any such materials in compilations or other works, by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose (for avoidance of doubt, the rights granted to Streamthatcause hereunder include the rights to make User Materials available on the Streamthatcause Website, third-party websites and electronic devices);
3.to modify, adapt, change or otherwise alter and create derivative works of the User Materials and use the User Materials as described in Section 8(2); and
4.to license and/or sublicense to any third party any of the foregoing rights in the User Materials, or any part or element thereof, subject to the terms and conditions of this Agreement.
User hereby agrees not to assert any right, title, or interest in any and all material with which User Materials may be combined or into which all or any portion of User Materials may be incorporated. As used in this Agreement, the term "User Materials" means User's content, photographs, videos, audio, comments, written work, name(s), trademarks, trade names, likenesses, biographical materials, artwork, liner notes, and other graphical or textual materials that User uploads, submits or otherwise provides to Streamthatcause, and any and all computer-generated images or other artwork or images that User submits to Streamthatcause. User acknowledges and agrees that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all content, elements and materials created by or for Streamthatcause incorporating all or any portion of the User Materials shall be exclusively owned and controlled by Streamthatcause.
9. NAME AND LIKENESS:
Unless expressly otherwise stated in this Agreement or otherwise agreed between User and Streamthatcause in a writing signed by both parties, User hereby grants to Streamthatcause a worldwide, royalty-free, non-exclusive license to use: (i) User's name(s), photograph and/or likeness(es) and biographical materials; and (ii) any other individual's name, photograph and/or likeness and biographical materials, where such other individual appears in the User Materials, in connection with the distribution, exploitation, promotion, marketing and advertising of the User Materials, as described hereunder, during the Term.
User also agrees not to assert any privacy, publicity, moral or similar rights held by User (and to the extent any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the User Materials, User represents and warrants that it has obtained all necessary consents from such third parties consistent with the full scope of rights granted to Streamthatcause pursuant to this Agreement, and User agrees that such persons shall not assert of any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any User Materials are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.
10. THIRD PARTY CONTENT:
The Streamthatcause Website may contain content from third parties ("Third Party Content"), either via the Web-a-thon Services or through links to third party websites. Streamthatcause does not control Third Party Content and makes no representations or warranties about it. User understands that by using the Service, he/she may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will Streamthatcause be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the Web-a-thon Services. User agrees to bear all risks associated with using or relying upon Third Party Content.
11. PROPRIETARY RIGHTS:
User agrees that all content and materials available on the Website are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Streamthatcause, User agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Website, or otherwise use any content, copyrights, trademarks or intellectual property of Streamthatcause in any way without Streamthatcause's prior, written consent. User also agree not to retrieve data or other content or any materials from the Website to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. User agrees not to use any of Streamthatcause's content, names or trademarks as metatags on other websites. User agrees not to display any of the Streamthatcause Websites in a frame (or any of our content via in-line links) without Streamthatcause's express written permission.
12. USERNAME AND PASSWORD:
User who creates a Streamthatcause account will select a username and password when completing the registration process. User is solely and fully responsible for maintaining the confidentiality of his/her username and password, and will be solely and fully responsible for all activities that occur under using that username and password to access the Streamthatcause Website. User agrees to immediately notify Streamthatcause of any unauthorized use of User's username and password or any other breach of security. Streamthatcause cannot and will not be liable for any loss or damage arising from User's failure to comply with this Section.
13. REPRESENTATIONS AND WARRANTIES:
User represents and warrants that:
1.User has the full right and power to enter into and perform this Agreement and to grant Streamthatcause all rights to use the User Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 8 and 9,
2.User exclusively owns and/or controls all right, title and interest (including, without limitation, copyright) in and to the User Materials, and has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for User to enter into and perform this Agreement and to grant Streamthatcause all rights to use the User Materials as contemplated in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used or otherwise incorporated into the User Materials),
3.the User Materials (and Streamthatcause's use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
4.all information that User has provided or will provide to Streamthatcause is true and complete,
5.the User Materials do not and will not violate any law, statute, ordinance or regulation,
6.the User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening, (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (iv) exploit images or the likeness of any individual other than User (except where User has obtained express permission from such other individual(s) for such exploitation), (v) encourage or otherwise depict glamorized drug use, (vi) make use of offensive language or images, (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable, (viii) contain any personal contact information of User or any other individual, (ix) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without Streamthatcause's prior written consent.
7.the User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Streamthatcause or any third party.
14. USER DISPUTES:
You are solely responsible for your interactions with other Streamthatcause Users. Streamthatcause reserves the right, but has no obligation, to monitor disputes between you and other Users.
15. THIRD PARTY PAYMENTS:
User shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the User Materials (including, without limitation, any such obligations that may arise from Streamthatcause's use of such User Materials as authorized herein).
16. INDEMNITY:
User agrees to defend, indemnify, reimburse and hold Streamthatcause and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
1.User's use of the Streamthatcause Websites;2.Streamthatcause's use of the User Materials;
3.any breach or alleged breach of User's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and
4.User's violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of User Materials as contemplated hereunder.
17. STREAMTHATCAUSE'S PERFORMANCE:
User acknowledges and agrees that the operation of the Streamthatcause Website may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Streamthatcause shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the Streamthatcause Services. There are no assurances whatsoever that any of the User Materials or any part or element thereof shall actually be utilized on any of the Streamthatcause Website or if so utilized continue to be available for any particular time. Streamthatcause has the right, in Streamthatcause's sole and absolute discretion, to remove from the Streamthatcause Website at any time the User Materials or any part thereof and/or to revoke any sublicense granted by Streamthatcause to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Streamthatcause does not control the content of the User Materials and does not have any obligation to monitor such content for any purpose. User acknowledges that User is solely responsible for all content submitted to the Streamthatcause Website. The Streamthatcause Website may be discontinued at any time, with or without reason and without any liability to User or to any third party for any modification or discontinuance of the Streamthatcause Web-a-thon Services.
18. NO WARRANTY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STREAMTHATCAUSE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
1.UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE STREAMTHATCAUSE SITE(S), AND
2.IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE STREAMTHATCAUSE WEBSITE AND STREAMTHATCAUSE SERVICES. IN ADDITION, ALTHOUGH STREAMTHATCAUSE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE STREAMTHATCAUSE WEBSITE, AND WHETHER OR NOT STREAMTHATCAUSE IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, STREAMTHATCAUSE DOES NOT WARRANT THAT THE STREAMTHATCAUSE WEBSITE, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE STREAMTHATCAUSE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
19. NO LIABILITY FOR THIRD PARTY USE:
STREAMTHATCAUSE DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE ON THE STREAMTHATCAUSE WEBSITE BY THE USER PURSUANT TO THE TERMS OF THIS AGREEMENT. USER SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF USER MATERIALS BY A THIRD-PARTY, AND NOT FROM STREAMTHATCAUSE. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS USER MATERIALS FROM STREAMTHATCAUSE (WHETHER OR NOT WITH STREAMTHATCAUSE'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, USER WILL SEEK REDRESS FROM THE OTHER PERSON AND NOT FROM STREAMTHATCAUSE, AND THAT USER WILL NOT HOLD STREAMTHATCAUSE RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
20. EXCLUSION OF DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL STREAMTHATCAUSE, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT STREAMTHATCAUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE STREAMTHATCAUSE WEBSITE AND/OR THE STREAMTHATCAUSE SERVICES. IN NO EVENT SHALL STREAMTHATCAUSE'S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED THE GREATER OF THE AMOUNT PAID BY USER FOR THE WEB-A-THON SERVICES OR $100. USER EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR THE USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF THE USER MATERIALS BY STREAMTHATCAUSE). THE PARTIES ACKNOWLEDGE AND AGREE THAT STREAMTHATCAUSE HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN USER AND STREAMTHATCAUSE, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
21. COPYRIGHT AND TRADEMARK NOTICES:
User acknowledges and agrees that Streamthatcause, the Streamthatcause logos and characters, and the layout and design of the Streamthatcause Website, among other marks that may appear on the Streamthatcause Website are trademarks of Streamthatcause.com, LLC. (the "Streamthatcause Marks"). Other trademarks and service marks on the Streamthatcause Website may be the property of the advertisers, content partners and/or providers, or other third parties. User may not use any of the Streamthatcause Marks without Streamthatcause's prior written permission, and User may not use any third-party marks without the third party's prior written permission.
22. EXPORT CONTROLS:
Software from the Streamthatcause Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Streamthatcause Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
23. GOVERNING LAW, JURISDICTION:
THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF KENTUCKY WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE LOUISVILLE, KENTUCKY, AND USER AND STREAMTHATCAUSE BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
24. ASSIGNMENT:
Streamthatcause shall have the right to assign this Agreement in whole or in part to any person or business entity. User may not assign User's rights or delegate User's obligations under this Agreement without the prior written consent of Streamthatcause.
25. NOTICES:
All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to Streamthatcause.com, LLC, P.O. Box 7991, Louisville, Kentucky 40257. Communications shall be deemed received: for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; for Communications sent by personal delivery, on the date of personal delivery; and for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt. No other form of notice shall be accepted under this Agreement.
26. ENTIRE AGREEMENT:
This Agreement, together with the Streamthatcause Terms of Sale, the Streamthatcause Privacy Policy sets forth the entire understanding and agreement of User and Streamthatcause as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Streamthatcause's failure to act with respect to a breach by you or others does not waive Streamthatcause's right to act with respect to antecedent, subsequent or similar breaches.
27. STATUTE OF LIMITATIONS:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
28. MODIFICATION:
Streamthatcause reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, Streamthatcause will post the changes on the Streamthatcause Website and/or notify User via email. Also, Streamthatcause may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use any of the Streamthatcause Website or Streamthatcause Services after such notice and consent, User agrees to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of User Materials.