TERMS OF SERVICE
Welcome to StreamVolcano!
These are the terms of service for:
- StreamVolcano web application
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
ACCEPTANCE OF TERMS
This Agreement sets forth legally binding terms for your use of StreamVolcano. By using StreamVolcano, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse StreamVolcano website) or you are a “User” (which means that you have registered on StreamVolcano as a user). If you do not accept the terms of this Agreement, you should leave StreamVolcano websites and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on StreamVolcano. You agree to be bound by any modification to this Agreement when you use StreamVolcano after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.
You may use the platform and services only if you can form a binding contract with StreamVolcano, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
StreamVolcano provides its services through the website and its web application.
StreamVolcano Provide the following services:
- Discover streamers
- Gaming and stream news
- Bots related to Discord and Twitch
- Twitch overlays
Our products and services include our website (https://www.streamvolcano.com), our social media (Twitter, Facebook, Instagram, YouTube, Twitch, etc.,) and our Discord.
For more information about our services, please contact us, through our contact information, our support team will be attentive and available to answer your questions and concerns.
LICENSE TO USE THE PLATFORM
StreamVolcano gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by StreamVolcano as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by StreamVolcano, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The User agrees not to use the platform and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the StreamVolcano website or third parties.
To access and make use of the platform and services available on the StreamVolcano website, you must first create an account with a username and password (the "account"). You may not share your password with anyone. You must always provide accurate current and complete information to StreamVolcano. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the platform through your account will be deemed as being used by you. StreamVolcano is entitled to rely on the contact and other information that is supplied to us through your account. Your account is non-transferable and non-assignable.
If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these terms, and that you agree to these terms on the entity’s behalf. By connecting to StreamVolcano with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
If you register on StreamVolcano website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and name.
The user will also have the possibility to register and log in through their social media accounts and through:
- Twitter OAUTH
- Mixer OAUTH
- Twitch OAUTH
- YouTube/Google OAUTH
You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify StreamVolcano of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from StreamVolcano. StreamVolcano will not be liable for any loss or damage arising from your failure to comply with this Agreement.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on StreamVolcano. That termination will only result in the deletion of the account and the deletion of all the personal data granted to StreamVolcano.
StreamVolcano reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if StreamVolcano believes that you have breached any of these terms, furnished StreamVolcano with false or misleading information, or interfered with use of the platform, website or the service by others.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
RESALE OF SERVICES
Users may not resell any portion of the content or the functionality of the platform, to any other party without prior written permission from StreamVolcano, which may be granted or withheld in StreamVolcano sole discretion.
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of StreamVolcano, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of StreamVolcano and protected by international copyright laws. All software used on this site is the property of StreamVolcano or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms of Service violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
StreamVolcano respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the StreamVolcano website infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that StreamVolcano may find it on the StreamVolcano Site. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Certain features of the website may permit users to upload content, including social media posts and other content which may be comprised of messages, images, text, and other types of works (“User Content”) and to publish User Content on the website. You retain any Copyright that you may hold in the User Content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content.
StreamVolcano it is not responsible for the content published by users on the platform and on our social networks or for third party copyright claims for events published on our platform by users. StreamVolcano only provides the application to house the event. Users are solely responsible for the content uploaded to the platform and for getting permission from the streamers that they will include into their events.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to StreamVolcano or licensed to the StreamVolcano by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by StreamVolcano;
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of the Services for any purpose without our express written permission;
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by StreamVolcano in connection with the services;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
- Download any Content unless it’s expressly made available for download by StreamVolcano.
DISCLAIMER OF WARRANTIES
StreamVolcano will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet StreamVolcano provides and maintains The Website on an "as is", "as available" basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse StreamVolcano for any loss or damage caused as a result.
StreamVolcano will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, StreamVolcano excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to StreamVolcano and StreamVolcano shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on StreamVolcano;
- Any interruptions to or delays in updating StreamVolcano;
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any product or service purchased through the website;
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from StreamVolcano.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
STREAM VOLCANO AND THIRD PARTIES
StreamVolcano contains Content of third-party licensors to StreamVolcano, which is protected by copyright, trademark, patent, trade secret and other laws. StreamVolcano owns and retains all rights, title and interest in the Content. StreamVolcano hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through StreamVolcano or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing StreamVolcano and using the Service.
Any dealings with third parties included within or on StreamVolcano involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. StreamVolcano is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on StreamVolcano does not constitute an endorsement or recommendation of such third party or the product or services of such third party by StreamVolcano or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on StreamVolcano is provided to you for informational purposes only. StreamVolcano encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While StreamVolcano works to ensure the information on StreamVolcano is current and accurate.
The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by StreamVolcano. Unauthorized framing of or linking to any of StreamVolcano is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
You understand that StreamVolcano and software embodied within StreamVolcano may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by StreamVolcano and/or content providers who provide content to StreamVolcano platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into StreamVolcano.
No responsibility will be accepted by StreamVolcano for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify StreamVolcano from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the StreamVolcano website, platform and services.
- The purchase of subscriptions.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by StreamVolcano without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the StreamVolcano website, will be settled by binding arbitration between you and StreamVolcano, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and StreamVolcano are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and StreamVolcano otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of Canada. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions about these terms or the services, please contact us at:
Terms of Service last updated: April 25, 2020