Terms of Use

Welcome to Pivotstream! By using Pivotstream’s products, services or Web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Use”). Pivotstream reserves the right to update and change the Terms of Use from time to time without notice.

Pivotstream Inc., its subsidiaries and affiliated companies (“Pivotstream”) offer Pivotstream services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you are required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Pivotstream services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Pivotstream of any unauthorized use of your password or account or any other breach of security. Pivotstream cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

You agree that you are responsible for establishing and maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments, or other materials (“Content”) are the sole responsibility of the account from which such Content originated. Pivotstream reserves the right, but does not assume the responsibility, to monitor and / or review any Content or Conduct on Pivotstream services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using Pivotstream services and for any consequences thereof. You agree to use Pivotstream services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Pivotstream services or servers or networks connected to Pivotstream services.

You agree that Pivotstream shall be permitted to charge your credit card on a monthly basis in advance of providing its services, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of Pivotstream services. The subscription fee will be billed in full on the first day of your paid subscription and on each monthly anniversary thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on August 31st, your next billing date would be September 30th.

Pivotstream is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Pivotstream. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We also reserve the right to change our fees, but we will notify you in advance if we do so. If there is a specific duration and price for your current services, then that price will remain in effect for such duration, but continued use of Pivotstream services thereafter will be at the new price.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of Pivotstream services, use of Pivotstream services, or access to Pivotstream services.

Pivotstream may terminate or suspend your access to Pivotstream services at any time and for any reason, including  resource usage deemed by Pivotstream to be excessive, without notice. Upon termination or suspension, your right to use the service will terminate immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you on a prorated basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.

You may terminate the service at any time in accordance with the terms of your service agreement. As soon as you cancel the service, your right to use it is terminated immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with the service. Termination of the service by you will not alter your obligations to pay all charges due to Pivotstream.

You acknowledge that Pivotstream owns all rights, title and interest in and to the Pivotstream services, including without limitation all intellectual property rights (the “Pivotstream Rights”), and such Pivotstream Rights are protected by U.S. and international intellectual property laws. The Pivotstream Rights include rights to: (a) the Pivotstream services developed and provided by Pivotstream and all trademarks and other intellectual property associated therewith; and (b) all software associated with the Pivotstream services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Pivotstream services or any Content placed on the Pivotstream services by Pivotstream or any third party. If you believe that your work has been copied and posted on the Pivotstream services without your permission or in any way that constitutes copyright infringement, please provide Pivotstream with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Pivotstream service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership.

You agree to hold harmless and indemnify Pivotstream, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Pivotstream services, violation of this Terms of Use or any other actions connected with use of Pivotstream services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Pivotstream will provide you with written notice of such claim, suit or action.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF PIVOTSTREAM SERVICES IS AT YOUR SOLE RISK. PIVOTSTREAM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIVOTSTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PIVOTSTREAM DOES NOT WARRANT THAT (i) PIVOTSTREAM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) PIVOTSTREAM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PIVOTSTREAM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PIVOTSTREAM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PIVOTSTREAM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIVOTSTREAM OR THROUGH OR FROM PIVOTSTREAM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIVOTSTREAM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIVOTSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PIVOTSTREAM SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PIVOTSTREAM SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PIVOTSTREAM SERVICES; OR (v) ANY OTHER MATTER RELATING TO PIVOTSTREAM SERVICES.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to the Terms of Service.

You agree that Pivotstream may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Pivotstream services.

The Terms of Service and the relationship between you and Pivotstream shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Pivotstream agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington.

The failure of Pivotstream to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

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 Pivotstream services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Updated October 2016

Jeff EldertonTerms of Use