Terms of Use

Terms of Use

Legal Links

Effective July 1, 2014; Updated July 30, 2020

1. Description of Services and Acceptance of Terms of Use

Welcome to the Streamy Awards, which are operated by Streamys, LLC (the “Company” or “we”). The services the Company provides include the www.streamys.org (the “Website”) and any related media, features, content, applications, promotions, games and other products and services offered from time to time by Company which may be accessed via the Internet and/or mobile devices (collectively, the “Services”). The Company is based in the United States and the Services are hosted in the United States. The Company furnishes the Services for your personal enjoyment and entertainment. By visiting the Website (whether or not you are a registered user) or otherwise using the Services, you accept and agree to be bound by this Streamy Awards Terms of Use agreement, including any future modifications thereto (this “Agreement”) and to abide by all applicable laws, rules, and regulations (collectively, “Applicable Law”). You further accept and agree to be bound by the Streamy Awards Submission and Voting Guidelines currently available at streamys.org/legal/submission-and-voting-guidelines, and the Streamy Awards Privacy Policy currently available at streamys.org/legal/privacy-policy. Please read through this Agreement carefully. The Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Website. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your acceptance and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately. You may receive a written copy of this Agreement by emailing us at: legal@streamys.org, Subject: Terms of Use. Your access to and use of certain portions of the Services may require you to accept additional terms and conditions applicable to such Services in addition to this Agreement and may require you to download certain Software or Content (as each term is defined below).

2. Registration and Account Security

Any registration information you submit to create a user account with the Services, including any information you submit when you access the Services through a third-party connection or platform (e.g., via Facebook or Twitter) must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your user account. It is therefore critical that you do not share your password with anyone. You agree not to use the user account, username, email address, or password of another user at any time. You agree to notify the Company immediately if you suspect any unauthorized use of, or access to, your user account or password.

3. Termination

This Agreement remains in full force and effect while you use the Services. The Company may terminate your user account and/or access to the Services at any time, for any reason (or no reason), with or without prior notice or explanation, without further obligation or liability. Furthermore, even after your user account or access to the Services is terminated, this Agreement will remain in effect. You agree that your user account is non-transferable, and any rights to your account terminate upon your death.

4. Fees

Use of the Services are currently free-of-charge (except for Submissions of content for Streamy Awards consideration by owners or authorized representatives of eligible content; see streamys.org/legal/submission-and-voting-guidelines for more information regarding the Streamy Awards submission and voting processes). The Company reserves the right to charge fees for any portion of the Services in the future. The Company will provide you with reasonable advance notice of any such fees, or any changes thereto, and continued use of the applicable portions of the Services will require payment of associated fees. If the Company suspends or terminates your user account and/or access to the Services because you have breached this Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of fees or other payments.

5. Payment for Submissions and other Services

If you submit content for Streamy Awards consideration via Submissions or otherwise purchase any service or product on the Services, you may be required to provide personal information, including credit card and billing information (collectively, “Personal Financial Information”) to an independent third party company (or companies) selected by, but not affiliated with, the Company (each such third party company, a “Processor”). Where a Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations relating to the Services shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Services, you warrant that you are authorized to make such purchase using the form of payment card that you provide to a Processor. You must be 18 years of age or older to make any such purchase. The Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with fees paid for Submissions or otherwise to purchase any service or product on the Services with any Processor. The Company provides no refunds for purchases you make on the Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event any Processor experiences a data breach that affects your Personal Financial Information, the Company will in no way be responsible or liable to you for any such breach. The Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the applicable Processor.

6. Content

The Services may contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) belonging to users of the Services and other Company licensors (“User Content”) and belonging to Company (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and the Company, the Company owns and retains all rights in and to Company Content and the Services. The Company hereby grants you a limited, revocable, non-sublicensable license to access and display Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Website and using the Services. Except as provided in this Agreement or as explicitly allowed on the Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use any Content appearing on or through the Services.

Except as expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on any Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on Content or any digital rights management mechanism, device, or other content protection or access control measure associated with Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of Content unless authorized by Company. You may not build a business utilizing Content, whether or not for profit. Company reserves the right to remove any Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that the Company does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable User Content. The Company assumes no responsibility or liability for any User Content. If you become aware of misuse of the Services, please report this immediately to the Company at legal@streamys.org. The Company assumes no responsibility for monitoring the Services for inappropriate User Content or conduct. If, at any time, the Company chooses in its sole discretion to monitor the Services, the Company nonetheless assumes no responsibility for any User Content, assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.

7. Use of Services

The Services are offered for your personal use only and may not be used for commercial purposes, unless specifically endorsed or authorized by Company. You agree not to use the Services to:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including the Company’s servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Services;
  • Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to the Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay the Company $50 for each actual or intended recipient of such communication;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  • Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without the Company’s prior written consent;
  • Use the Services to advertise or promote competing services;
  • Use the Services in a manner inconsistent with any and all Applicable Law;
  • Attempt, facilitate or encourage others to do any of the foregoing.

The Company reserves the right, but disclaims any obligation or responsibility, to remove any User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including, but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities. You acknowledge, consent, and agree that the Company may access, preserve, or disclose information you provide to the Website or otherwise via the Services, including any User Content, when the Company has a good faith belief that such access, preservation, or disclosure is necessary in order to: (i) protect or defend the legal rights or property of the Company, its partners and licenses, and each of their respective parents, subsidiaries, or affiliates (collectively, “Affiliated Companies”), or their respective employees, agents, and contractors (including enforcement of our agreements); (ii) protect the safety and security of other users of the Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

8. Message Boards, Public Forums, and Social Sharing

The Services may offer users the ability to post public messages on message boards and forums (“Forums”), which Forums may be open to the public generally, to registered users of the Website or Services, or to a select group of members within a specific Forum group. The Services may offer users the ability share messages publicly via social media platforms or channels (e.g., Facebook and Twitter) (“Social Media”). You acknowledge that messages posted on Forums and via Social Media are public, that Company cannot guarantee the security of any information you disclose through any Forum or Social Media, and that you make all such disclosures at your own risk. The Company is not responsible for the content or accuracy of any information posted on any Forum or Social Media and shall not be responsible for any decisions made based on such information. The Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content or otherwise disclosing any information via any Forum or Social Media and/or to restrict or remove your User Content or information from any Forum or Social Media for any reason at any time.

9. Your Proprietary Rights

The Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through, or in connection with the Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by the Company or any Affiliated Company. By posting any User Content on, through, or in connection with the Services, you hereby grant to the Company and our Affiliated Companies, licensees, and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through, or in connection with the Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats, now known or hereafter devised, for any and all purposes, including, but not limited to, promotional, marketing, trade, or commercial purposes. The Company‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. The Company reserves the right to limit the storage capacity of User Content that you post on, through, or in connection with the Services. You represent and warrant that: (i) you own the User Content posted by you on, through, or in connection with the Services or otherwise have the right to grant the license set forth in this Section 9, and (ii) the posting of User Content by you on, through, or in connection with the Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Services or Third Party Services. Without limiting the foregoing, ALL SUBMISSIONS WILL REQUIRE THE OWNER OR AUTHORIZED REPRESENTATIVE OF THE ELIGIBLE PROGRAM, INDIVIDUAL, OR ORGANIZATION TO AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE STREAMY AWARDS LICENSE AGREEMENT, AVAILABLE FOR REVIEW AT streamys.org/legal/license-agreement.

10. Copyrights and Other Intellectual Property

The Company respects the intellectual property of others and requires that our users do the same. You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. The Company has a policy of terminating repeat infringers’ access to the Services in appropriate circumstances. If you believe that any material residing on or linked to from the Services infringes your copyright, please send the Company’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. The Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Levin Law Corp., 8844 West Olympic Blvd., Suite 200, Beverly Hills, CA 90211. Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at copyright@streamys.org.

11. Third Party Links and Services

The Services may provide, or third parties may provide via the Services, links to other websites, applications, resources, or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with the Company. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development, or payment services. The Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Services does not imply approval or endorsement of the Third Party Service. The Company is not responsible for the content or practices of any Third Party Services, even if linked to the Services or operated by an Affiliated Company, and you acknowledge and agree that the Company will not liable to you for any content or other materials hosted and served from any such Third Party Services. When you access Third Party Services, you do so at your own risk. The Company encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting.

12. Member Disputes

You are solely responsible for your interactions with other users of the Services, providers of Third Party Services, or any other parties with whom you interact on, through, or in connection with the Services. The Company reserves the right, but has no obligation, to become involved in any way with these disputes.

13. Privacy

Use of the Services is also governed by the Streamy Awards Privacy Policy, currently located at streamys.org/legal/privacy-policy, which policy is incorporated into this Agreement by this reference.

14. Disclaimers

The Services are provided “AS-IS” and “as available,” and the Company does not guarantee or promise any specific results from use of the Services. The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, the Company makes no warranty that your use of the Services will be uninterrupted, timely, secure, or error-free or that any information obtained by you on, through, or in connection with the Services or Third Party Services (including, but not limited to, through User Content or third-party advertisements) will be accurate or reliable. Under no circumstances will the Company be responsible for any loss or damage, including, but not limited to, property damage, personal injury, or death, resulting from use of the Services, problems or technical malfunction in connection with use of the Services, attendance at any Company event, any material downloaded or otherwise obtained in connection with the Services, any User Content, third party advertisement or Third Party Service posted on, through, or in connection with the Services, or the conduct of any users of the Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services, and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements, and Third Party Services do not necessarily reflect the opinions or policies of Company.

15. Limitation of Liability


16. U.S. Export Controls

Software available in connection with the Services (“Software”), if any, is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using Software is at your sole risk.

17. Disputes

The Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts situated in los Angeles County, California to resolve any dispute arising out of this Agreement or the Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, THE LICENSE AGREEMENT, OR ANY OTHER DISPUTE RELATED TO YOUR USE OF THE SERVICES..

18. Indemnity

You agree to indemnify and hold the Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, due to, arising out of or in connection with your use of the Website or the Services, your breach of this Agreement, your violation of any rights of another, or any User Content that you post or otherwise submit on, through or in connection with the Services.

19. Unsolicited Submissions

The Company does not knowingly accept, via the Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. The Company’s policy is to simply delete any such submission without reading it or forwarding it to other Company staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to the Company via the Services (including but not limited to any public forum), however, such submissions and copyright become the property of the Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as the Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against the Company or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

20. Employment Opportunities

The Company may, from time to time, post employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to the Company in response to employment listings, you are authorizing the Company to utilize this information for all lawful and legitimate hiring and employment purposes. The Company also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by the Company to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that the Company will review any or all of the information submitted to it by users of the Services.

21. Other

The failure by the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: support@streamys.org with any questions regarding this Agreement.