Last updated on October 28th, 2009
Visit Streamer is a service of Page Two Technologies LLC (the "Company"). By using the Company website and free or paid services (the "Services"), you agree to be bound by the following terms and conditions ("Terms of Service") and following Privacy Policy.
the Company will provide you with the Services for which you register on the Service website, subject to the Terms of Service. You acknowledge that the Services may be offered in various separately priced service levels ("Service Plans") and you will only receive the Service Plan that you have registered for. Descriptions of each Service and the Service Plans are available on the Service web site. We reserve the right to modify the Services and prices of the Services offered at any time. We reserve the right to cancel your Services with or without notice, without liability to you, any other user or any third party, in the event that you breach any provision of this Terms of Service or any other terms that apply to your Service.
Services rely on use of proprietary tracking code supplied to you by the Company (the "Code"), installed on a Web page(s) you own and control. Subject to your compliance with all the Terms of Service, the Company grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Code solely for use in receiving the Services you were granted. You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Code; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Code, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Code or the Service; (iv) remove any proprietary notices or labels on the Code or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service. You will use the Service solely for Your own internal use, and will not make the Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Service.
This license will terminate immediately if You fail to comply with the Terms of Service. Upon such termination, You must destroy all originals and copies of the Code in Your possession.
The Company may obtain statistical data and samples of content displayed on your site ("User Content") and retain, process and republish it for the purposes of Your use of the Services.
The Company does not screen web sites before providing the Services. The Company assume no responsibility for User Content.
Please review our privacy policy here.
The Company does not permit copyright infringing activities and infringement of intellectual property rights on its website. The Company will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. More information about our DMCA process is available here.The Company reserve the right to remove User Content without prior notice and to terminate the Services if they engage in copyright infringing activities.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice. We reserve the right to modify these Terms of Service from time to time without notice. If we change our Terms of Service, we will post the updated document on our web site.Please revisit this page to stay aware of any changes.
THE COMPANY PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OF USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the Terms of Service. All provisions of the Terms of Service are applicable to the Third Party.
The company If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the Terms of Service. All provisions of the Terms of Service are applicable to the Third Party.
The Company shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Terms of Service (including any amendment agreed upon by the parties) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Terms of Service is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Terms of Service shall continue in full force and effect. This Terms of Service shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Contra Costa County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to the Company must be sent to: Page Two Technologies LLC, P.O. Box 2571 San Francisco, CA 94126-2571, USA , via first class or air mail or overnight courier. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Company's prior written consent, and any such attempt is void. The relationship between the Company and You is not one of a legal partnership relationship, but is one of independent contractors.
