4cInteractive, Inc. dba STREAM-AID (the “Company”) operates the App and reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the App at “https://streamaid.tv/terms”. Visit periodically to keep apprised of any changes. By continuing to use the App after any such change, you accept and agree to the modified Terms. The Company reserves the right to modify or discontinue, temporarily or permanently, the App, any App features, benefits, rules or conditions, all without notice, even though such changes may affect the way you use the App. The Company reserves the right to block or terminate your Account at any time without notice. You agree that the Company will not be liable to you or any third-party for any modification of the Terms or modification to or discontinuance of the App or the termination of your Account.
Without limitation, you agree to refrain from the following actions while using the App:
- Harassing, threatening, embarrassing or causing distress or discomfort to another individual or entity;
- Impersonating any other person or entity or otherwise restricting or prohibiting any other person from using the App;
- Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
- Posting adult Content or explicit adult material. Including but not limited to:
- Obscene or lewd and lascivious graphics or photographs that depict genitalia or actual or simulated sexual acts;
- Any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration.
- Posting Content for products or services which is prohibited by any law or regulation;
- Sending mail, e-mail, voice messages, chats or faxes for solicitation of any other product, or service to a user of the App;
- Deleting or revising any material posted by any other App user;
- Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
- Using any automated device, spider, robot, crawler, data-mining tool, software or routine to access, copy, or download any part of the App unless expressly permitted by the Company;
- Taking any action creating a disproportionately large usage load on the App unless expressly permitted by the Company;
- Sending messages or engaging in disruptive or damaging activities, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element; Gaining or attempting to gain unauthorized access to non-public areas of the App. In addition, if you have a password to a non-public area of the App, you may not share your password, with any third parties and/or use your password for unauthorized purposes;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the App; modifying any meta data, copying or duplicating in any manner any of the Content; framing of or linking to any of the App, its Content or information available from the App without the express written consent of agents of the Company;
- Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
- Using the App to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity;
- Posting Content promoting links to commercial services or websites except in areas of the App where such Content is expressly permitted;
- Posting any material advertising weapons, firearms or explosives;
Please report any violations.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the App.
Use of Materials:
Any Listings, information, media or messages (the “Content”) that you post, transmit, or otherwise make available for viewing on public areas of the App will be treated as non-confidential and non-proprietary to you. You understand and agree that any such Content and messages may be used by the App or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the App (and our affiliates) the irrevocable right to use and/or edit your Content, messages and any other Content provided in the App by you, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
Termination of Access:
The Company has the right to terminate your access for any reason at any time. You expressly agree that the Company shall not be liable for any consequences that result from any such termination and agree that following such termination you will immediately discontinue use of the App.
No Third Party Beneficiaries:
Copyright and Trademarks:
All materials on the App, including without limitation, logos, images, text, data, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Company or owned by other parties who have posted on the App. Materials from the App and from any other property owned, operated, controlled, or licensed by the Company may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting Content on the App, you grant the Company, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted Content in any media in perpetuity without notice or compensation to you.
Notification of Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email following information to firstname.lastname@example.org:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the App;
- Your name, address, telephone number and e-mail address;
- A signed 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; and
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Posting of Content:
You understand that each time you post Content on this App or otherwise use the App, you agree to these Terms. By agreeing to these Terms, you acknowledge that the App may send you e-mail messages telling you about products and services offered by the App (or its affiliates and partners) You understand and agree that such communications are part and parcel of your registration for and use of the App; if you do not wish to receive further communications from the App (or its affiliates and partners), you may unsubscribe within your account.
The Company has no control over and is not responsible for the Content of or claims made on the App that may be linked to or from the App, whether or not they may be affiliated with the Company. Any websites linked to or from the App are for your convenience only, and you access them at your own risk.
The Company assumes no responsibility for the accuracy, currency, completeness or usefulness of Listings, content, information, views, opinions or advice in any product or material contained on the App. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the App is the responsibility of the person or persons posting the information. Any user who violates the Terms may be permanently banned from using the App. You understand that all Listings, Content, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively “Content”) posted on, transmitted through, or linked from the App, are solely the responsibility of the person from whom such Content originated. You understand that the Company does not control, and is not responsible for Content available on the App.
You understand and agree that the Company is not obligated to pre-screen, monitor or approve any Content prior to publication. You understand and agree that the Company is not obligated to pre-screen, monitor or approve any Seller’s prior to publishing Listings.
You also agree that the Company has right to remove, move (including moving a Listing to another section or changing the Listing content), refuse, edit or delete any Content for any reason whatsoever. The Company shall not be responsible for any interaction between you and the other users of the App. Your dealings with others through the App are solely between you and such other parties. Under no circumstances will the Company be liable for any goods, services, resources, Content available or actions of such third party dealings or communications, or for any harm related thereto.
You agree that the App is a venue for users of the App. In the event that you have a dispute with any user of the App, you agree that Company is under no obligation to become involved in such dispute. You further agree to release the Company from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any Content you post or any content that is posted through your Account.
You acknowledge, consent and agree that the App may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the App if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the App, its users and the public.
Disclaimer of Warranties for Site:
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR OWN RISK. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE APP. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APP MAKES NO WARRANTY THAT ITS APPLICATION OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitation of Liability:
The information, services and products available to you on the App may contain errors and are subject to periods of interruption. While the Company does its best to maintain the information, services and products it offers on the App, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the App.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS APP, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE APP, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE APP, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE APP, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE APP OR PARTICIPATION IN ANY APP ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE COMPANY OR APP OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE APP.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App, the violation of these Terms by you, or the infringement by you, or other users of the App using your Account, of any intellectual property or other right of any person or entity. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Jurisdiction and Choice of Law:
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the App, shall be brought only in either the state or Federal courts located in California and you expressly consent to the jurisdiction of said courts. You also 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 App or the Terms must be filed within 6 months after such claim or cause of action arose or be forever barred.
Severance and Waiver:
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms 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.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company.
Definitions of Buyer and Seller Terms:
- Listings are offers on the App from Sellers.
- Scenes are animated scenes Buyers can purchase.
- Sellers are users who offer things for sale Listings on the App.
- Buyers are users who purchase things from Seller on the App.
- Listing Page is where the Seller can describe their Listing, and the Buyer can purchase the Listing.
- Purchases or Orders are the formal agreement between a Seller and Buyer after a purchase was made from the Seller’s Listing or Scenes page.
- Revenue is the money Sellers earn from completed Orders.
- Commission is the fee paid to Company from sales made by a Seller.
- All Seller account must be approved by Company before any Listings can be created. Company reserves the right to deny a Seller from Selling on the App for any reason.
- Sellers are allowed to post as many Listing as they want, so long as the Listings are of acceptable quality and not in violation of these Terms.
- Sellers must include all details, requirements and any specific terms of the Listing. The more specific and detailed Listings are the less disputes you will have. All information provided on a Listing must be valid and true. If any false or misleading information is discovered on a Listing, Company may ban the Seller.
- Sellers must have a valid USA based bank account on file in their account to create Listings and receive funds.
- Sellers may reject or accept an Order for any reason.
- A Seller has 3 days to accept or reject an Order before it is automatically cancelled.
- Company releases funds to Sellers once an Order is marked as “completed” by the Buyer. Once marked “completed” the funds will be released. Depending on the sellers bank account it may take 5 to 10 days for the funds to appear.
- By adding your payout details you accept the Stripe Connected Account Agreement.
- Orders will be marked as “completed” automatically after 5 days from the purchase date at which time the Seller shall receive their revenue.
- If an Order is disputed the Seller and Buyer will come to a mutual agreement to rectify any issue.
- If a Seller has more than 3 disputed Orders their account may be banned.
- Revenues are only paid to the Seller after the Order is marked as “completed” by the Buyer.
- Sellers may not offer or accept payments using any method other than placing a Listing through the App. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- For security concerns, Company may temporarily or permanently disable a Seller’s ability to use the App to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple accounts to a single Seller.
- Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
- For Sellers to receive revenue from their sales, they must have an approved Seller account and add verified banking information which includes but is not limited to your full name, address, bank account number, routing number and last four digits of your social security.
- Sellers may not circumvent the App system to communicate with Buyers unless its part of the live stream.
- Each Listing Order a Seller receives and successfully completes, a 10% fee shall be deducted as Company’s Commission. Additionally, the payment processor Stripe will apply a fee of 2.9% and $0.30 per transaction, which is deducted from the Sellers earnings. There is a minimum Commission of $1.00 on all completed Orders. Once every 30 days a payout is sent to a Sellers bank account there is a $2.00 payout fee deducted from the payout total. Fees are subject to change without prior notification.
- Funds for Listing sales are only released to the Seller when a Buyer marks the Order as “completed” or 5 days after the Order date.
- Listings may be removed by Company for any reason, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported.
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Spam, Nonsense, or Violent Listings
- Listings misleading to Buyers
- Reselling of regulated products and / or services
- Listings may include pre-approved website URLs contained within the Listing description and requirements fields. Listings containing websites promoting content, which violates the Company’s Terms of Service, will be removed.
- Listings may contain an approved Listing Video which can be embedded from Youtube in the Listing description.
- Statements on the Listing Page that undermine or circumvent these Terms of Service is prohibited.
- Sellers may price their Listings at a base price starting at $5.00 USD per Order, per stream, per day, per half an hour or per hour.
- Top Sellers are chosen manually by Company through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high Order completion rate and excellence. At the sole discretion of Company top rated Sellers may have their Listings featured on the top of the homepage, on other Company platforms or social channels or in a newsletter.
- Sellers may not publish Listings for anything that is delivered physically.
- Sellers that enable Scenes on their Shop must have the browser source setup for scenes and make it visible on the top of all sources. If a seller does not have the browser source setup properly for Scenes, Orders will be refunded to the Buyer.
- Sellers can choose to activate or deactivate text-to-speech for scene purchases. Additionally, Sellers can set the minimum amount for text-to-speech to be activated on a purchase, this is not required.
- All Scene purchases do not require the seller to mark the order completed scenes orders autocomplete in real-time.
- When a Scene is successfully completed, Seller shall receive the following Revenue from the Order: $5.00 to $10.00 Seller Receives 65%, $10.01 to $20.00 Seller Receives 70%, $20.01 to $50.00 Seller Receives 80%, $50.01 to $100.00 Seller Receives 80%, $101.01 to $500.00 Seller Receives 90%, $500.01 to $10,000.00 Seller Receives 95%. Additionally, the payment processor Stripe will apply a fee of 2.9% and $0.30 per transaction, which is deducted from the Sellers earnings and once every 30 days a payout is sent to a Sellers bank account there is a $2.00 payout fee deducted from the payout total.
- The maximum amount Company may receive as a commission from a single Scene Purchase is $500.00 USD.
- Buyers that purchase a Scene agree to pay the full amount at the time of the Order.
- Buyers that purchase a scene authorize Company to charge buyer’s credit card for the full order amount chosen by the Buyer.
- The minimum Scene order amount is $5.00 USD.
- Buyers may not offer direct payments to Sellers using payment systems outside of the App Order system. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- Buyers may not circumvent the App system to communicate with Sellers unless unless its part of the live stream.
- Buyers may not contact Sellers on the App unless it is solely related to purchasing a listing. We have a zero tolerance rule on this. Buyers will be banned for one infraction of this rule or if Buyers abuse the message system or distrust Sellers in any way.
- Company retains the right to use all publicly published delivered Listings for marketing and promotional purposes.
- Once payment is confirmed, but not processed, your Order will be created and sent to the Seller who may accept or decline the Order. A Buyers credit card will not be charged for an Order until the Seller accepts the Order.
- An Order is marked as “completed” only by the Buyer. All Orders will be automatically marked as “completed” 5 days after the purchase date.
- If a Buyer has too many disputes or cancels too many Orders for any reason, Company reserves the right to ban the Buyer’s account at its sole discretion.
- Buyers pay Company to purchase an Order from a Seller’s Listing page. The Buyers funds are held in escrow for 5 days or until the Buyer marks the Order as “completed”.
- Once a Buyer has marked an Order as “completed” no refunds are available.
- Listings may be purchased using a valid Credit Card.
- All Listing prices are in USD.
- To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the App or transferring payments to Sellers on the App.
- Buyers are granted all rights to the delivered Listings, unless otherwise specified by the Seller on their Listing page.
- By purchasing a Listing or Scene from a Seller, Buyer agrees that the credit card is their own and authorize Company to charge each order transaction in full. Listing and Scene charges are non-refundable, and/or exchangeable and cannot be charged back.
Listing Order Process:
- When a Buyer purchases a Listing, the Seller is notified by email as well as notifications on the App.
- When a Seller accepts an Order the Buyer will be notified by email as well as notifications on the App.
- It is the Sellers and Buyers responsibility to initiate contact with each other to discuss the details and delivery of the Order before the Order is initiated and after.
- Listings that require sending and/or receiving media files or any file type from either party must send the files only on the App messaging system. To deliver any files Sellers and Buyers may include Dropbox, Google Drive, One Drive, or iCloud links in an App message. You may not send, receive or share files another way.
- Users are responsible for scanning all transferred files for viruses and malware. Company will not be held responsible for any damages which might occur due to App usage, use of content or files transferred.
- A Seller may not cancel an Order once accepted.
- Sellers must deliver the Order based on the details, specific terms and requirements on the Listing page.
- Seller and Buyer shall agree on any scheduling before or after the Order which shall become part of the requirements of an Order. Scheduling may only be done on the message system within the App.
- All Orders must be delivered an completed within the timeframe agreed upon.
Ratings & Reviews:
Trust between Sellers and Buyers is critical to the success of the marketplace. One way Company builds trust is to let users rate and review each other after a transaction.
- After a Listing Order is completed, both Buyer and Seller can review each other. A review consists of: A positive or negative rating (thumbs up or down) and a free-form written review.
- Users can choose not to review the other party. However, they can’t refuse a review from the other party after a completed transaction.
- Reviews are visible to everyone on each user’s profile page. A Seller’s rating (percentage of positive ratings and number of ratings) is also shown on each Listing page.
- Currently, it is not possible to edit or delete reviews.
- Reviews will not be removed unless there are clear violations to our Terms of Service.
Disputes & ChargeBacks:
- We encourage Buyers and Sellers to try and settle conflicts amongst themselves within the App messaging system. If for any reason this fails or if you encounter non-permitted usage on the App, users can contact Company’s Customer Support. It is important to ONLY use the App’s message system to communicate so we can track the history and details of the interaction between Buyers and Sellers. This protects both parties.
- Buyers can dispute a Listing Order after the Listing Order has been accepted and before it is marked as “completed”. The dispute feature is a way for Buyers to clearly communicate to providers that they are not happy with the way the transaction is handled.
- If a Buyer disputes a Listing Order, the Seller will have 5 days to rectify any issues.
- Company must be notified of all Listing disputes and will review any Listing disputes 5 days after the dispute was initiated.
- Company reserves the right to refund a disputed Order at its sole discretion but does not guarantee any refunds.
- Company reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Company will return parts or full revenue back to Sellers.
- A Buyer that initiates a chargeback will be banned from using the App. Communicate with the Seller and Company’s staff before considering a chargeback.
- If a Listing Order is cancelled by the Buyer before the Seller accepts it or the Listing Order is declined by the Seller the Buyers credit card is not charged for the Order amount.
- There are no refunds on any Listing Orders once it has been accepted by the Seller.
- Company will only provide a refund if Illegal or Fraudulent activity is discovered. Under no other circumstance is Company obligated to provide a Buyer with a refund.
These Terms constitute the entire agreement between you and the Company and govern your use of the App, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software, or visit another site linked to by this App. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to Customer Support.