November 16, 2021

Terms of Service

THESE TERMS OF SERVICE ARE A BINDING CONTRACT

These Terms of Service govern the access and use of the stackstream service operated by matched.io GmbH (collectively, “matched.io”, “we”, “us”, or “our”) including the website available at https://www.stack-stream.com, and its network of websites and other associated services. Other services offered by matched.io may be subject to different terms.

When using stackstream, you will be subject to the stackstream Community Guidelines, as well as additional guidelines or rules. Those guidelines or rules are made available to you on stackstream, or shared with you in connection with specific services and features. Our Community Guidelines, as well as all other applicable guidelines or terms are incorporated into these Terms of Service by reference.

These Terms of Service apply whether you are a user who has registered, is reigistering an account on stackstream, or a non-registered user. By clicking “Signup” or registering otherwise, accessing, or using stackstream, you acknowledge and agree that you are entering into a legally binding contract between you and matched.io regarding your use of stackstream. You confirm that you have read and understood these Terms of Service, and agree to be bound by them. If you do not agree to these Terms of Service, do not access stackstream or otherwise use any of the stackstream service.

If you are registering or using the stackstream service on behalf of, or in connection with, your employment or engagement with a company, entity or organization (collectively, the “Subscribing Organization”), you represent and warrant that you (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to the terms and conditions of these Terms of Service, and (ii) you hereby acknowledge and agree to be bound by the terms and conditions of these Terms of Service on behalf of that organization. 

In any such case, the references to “you” in these Terms of Service shall be construed to mean you, the Subscribing Organization, as well as any other individual using the stackstream service on the Subscribing Organization’s behalf, or in connection with their employment with or engagement by this organization.

Should the Subscribing Organization have entered into a separate agreement with stackstream, signed by an authorized representative of stackstream, that agreement will define the order of precedence between these Terms of Service and that separate agreement.

1. Who can use stackstream

Any registration on stackstream or use of the stackstream service by persons under the age of 13 is unauthorized, unlicensed and violates these Terms of Service.

You certify that you are of legal age of majority under the laws of your jurisdiction of residence or, if you are between the ages of 13 and the legal age of majority, that you are using the stackstream service under the supervision of a parent or guardian who agrees to be bound by these terms of use.

stackstream is also not available to any users who previously got removed from stackstream by matched.io.

BY USING STACKSTREAM, YOU CONFIRM THAT YOU UNDERSTAND AND FULFILL ALL OF THE AFOREMENTIONED CONDITIONS.

2. Privacy on stackstream

a. Privacy

Please view our Privacy Policy for more information on how we collect, use, share, or process information about you and your use of stackstream.

b. Sensitive Personal Information 

By agreeing to these Terms of Service, you agree not to collect, process, or Store any sensitive personal information (including but not limited to financial information, sexual preferences, medical or health information, information on children , or any other data protected under applicable data protection or privacy laws.

stackstream and its third-party providers are not responsible for any sensitive personal information transmitted, disclosed or otherwise made available to us.

c. Transfer of Personal Information

We process and store information in Germany. By using our websites, you agree that you authorize stackstream to transfer your personal information across national borders and to other countries where stackstream and its partners operate.

3. License to and Use of stackstream services

Your access to stackstream may require you to use your personal computer or mobile device.

stackstream is not responsible for any internet connection or mobile fees or charges that you take upon yourself when accessing stackstream. The sole responsibility for these aforementioned fees lies with you.

stackstream is owned and operated by matched.io. Unless indicated otherwise, any and every content, information, and other materials on stackstream (excluding User Contributions, which is specified in Section 5), including and without limitation: 

  • stackstream’s trademarks and logos, 
  • the visual interfaces and graphics, 
  • the design and compilation, 
  • any information provided, 
  • the software, computer code (including source code or object code), 
  • the provided services, 
  • any displayed text, images, information, data, sound files, and other files, and 
  • the selection and any arrangement of the aforementioned (collectively, the “Components”) are under the protection of relevant intellectual property and proprietary rights and laws. 

All Components are the property of stackstream or affiliated companies and/or third-party licensors. Unless explicitly stated otherwise in writing by stackstream, by agreeing to these Terms of Service stackstream grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license (namely, a personal and limited right) to access and use stackstream for your personal use or business use only. The use of stackstream for business purposes may include additional costs.

stackstream reserves all rights that are not explicitly granted in these Terms of Service. This license is subject to these Terms of Service, you are not permitted to engage in any of the following activities: 

(a) resale or commercial use of stackstream or the Components; 

(b) distribution, public performance or public display of any Components; 

(c) modifying or otherwise making any derivative uses of stackstream or the Components, or any part of them; 

(d) use of any data gathering method, such as data mining or robots;

(e) downloading (except page caching) of any part of stackstream, the Components, or any information contained in them, unless explicitly allowed by stackstream; or 

(f) any use of stackstream or the Components except for their intended purposes. 

Any use of stackstream or the Components outside the specific authorization given in these Terms of Service, without any prior written permission of stackstream, is strictly prohibited and may violate intellectual property rights or other laws. Except as expressly stated in these Terms of Use, nothing contained herein shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. stackstream can terminate this license as set forth in Section 14.

4. Modification of these Terms of Service

stackstream may modify the terms of these Terms of Service by posting the revised terms. Your continued use of stackstream after the effective date of the revised Terms of Service signifies your agreement to be bound by the revised Terms of Service.


5. User Contribution on stackstream

stackstream allows you to distribute live streams and recorded audiovisual works, use services such as a chat and interactive voice services; and engage in other activities where you can create, post, transmit, perform or store content, messages, text, sounds, images, applications, code or other data or materials on stackstream ("User Contributions").

a. License to stackstream

(i) Unless otherwise provided in a written agreement between you and matched.io, signed by an authorized representative of matched.io, you grant matched.io and its sublicensees an unrestricted, worldwide, irrevocable, fully sublicensable, non-exclusive, royalty-free, perpetual right, to the fullest extent permitted by applicable law, when you submit, transmit, display, perform, post or store User Contributions through stackstream to: 

(a) use, reproduce, modify, adapt, publish, translate, distribute, perform, display and create derivative works from such User Contributions (including, without limitation, promoting and redistributing any or all of the stackstream Service (and any derivative works of the stackstream Service)) in any form, format, medium or media channel known now or developed or discovered later; and

(b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Contributions. 

Such User Contributions may not contain any third party intellectual property (such as copyrighted material) or other biographical information (including, without limitation, voice, likeness, identity, and name) unless you have obtained permission and/or license from that party or are otherwise authorized by law to do so. By posting or streaming such User Contributions, you further warrant that Stackstream and its sublicensees are authorized to use it to the extent set forth in these Terms.

(ii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate either once you delete such User Contributions from stackstream, or by deleting your account, except: (a) to the extent you shared it with others as part of stackstream and others copied or stored portions of the User Contributions (e.g., made a Clip); (b) stackstream used it for promotional purposes; and (c) for the reasonable time it takes to remove from our systems.

b. User Contributions Representations and Warranties

You are solely and legally responsible for your User Contributions and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator of or own or control all rights in and to the User Contributions or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Contributions does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Contributions does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. stackstream reserves all rights and remedies against any users who breach these representations and warranties. This may involve the use of automated systems that analyze your content to help detect infringement and misuse such as spam, malware and unlawful content.

c. Your Content is Uploaded at Your Own Risk

stackstream uses reasonable security measures in order to attempt to protect User Contributions against unauthorized copying and distribution. However, stackstream does not guarantee that no unauthorized copying, use, or distribution of User Contributions by third parties will take place. To the furthest extent permitted by applicable law, you hereby agree that stackstream shall not be liable for any unauthorized copying, use, or distribution of User Contributions by third parties and release and forever waive any claims you may have against stackstream for any such unauthorized copying or usage of the User Contributions, under any theory. The security measures to protect user content used by stackstream herein are provided and used “as-is” and with no warranties, guarantees, conditions, assurances, or other terms that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of such security measures.

d. Endorsements/Testimonials

You agree that your User Contributions will comply with any advertising guidelines required under applicable law, such as the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through stackstream, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through stackstream, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not stackstream, are solely responsible for any endorsements or testimonials you make regarding any product or service through stackstream.

e. Political Activity

You agree that any activity such as sharing political opinions, participating in any political activity, providing links to an official website of a political committee, including contribution pages, or soliciting your viewers to make direct contributions to a political committee, is entirely your own.

Further, by engaging in any of these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while you do.

6. Third-Party Content on stackstream

In addition to the User Contributions, stackstream may provide other third-party content on stackstream (“Third-Party Content”). stackstream neither controls nor endorses any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content. Please be aware that we do not create Third-Party Content, update, or monitor it. Further, stackstream does not control or warrant its accuracy or wholeness. Therefore we are not responsible for any Third-Party Content on stackstream. 

You are responsible for deciding if you want to access or use third-party websites or applications that link from stackstream (“Reference Sites”). stackstream does not control or endorse any Reference Site or the information, materials, products, or services contained on or accessible through Reference Sites, nor makes stackstream any representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through stackstream are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

7. Opening an Account on stackstream

a. Account and Password

In order to open an account, you will be asked to provide us with certain information such as an account name and password.

Please keep your password confidential to protect your stackstream account. You should not reuse your stackstream account password with other third-party applications. You are solely responsible for keeping your password and account information confidential, as well as restricting access to your personal computer. Should you permit others to use your stackstream account credentials, you agree to these Terms of Service on behalf of all other persons using the stackstream service unter your account or password. Further, you are responsible for any and every activity ocurring under your account.

The information you provide to stackstream upon registering and any other time, to the best of your knowledge, has to be true, accurate and complete.

You may not share, rent, sell, lease or provide access of any kind to your account to anyone else, including and without limitation to charge anyone for access to rights of administrative nature.

stackstream reserves all available legal rights and remedies to prevent unauthorized use of stackstream, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

b. Third-Party Accounts

stackstream may permit you to register for and log on to stackstream via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. More information about how stackstream collects, uses, and discloses your personal information when you link your stackstream account with your account on any third-party service can be found in our Privacy Notice.

8. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit an improper action, and that you are solely responsible for your conduct while on stackstream.

You agree that you will comply with these Terms of Service and stackstream’s Community Guidelines. Further, you agree not to:

i. create, upload, transmit, distribute, or store any inaccurate, unlawful, infringing, pornographic, invasive of privacy or public rights, or other kinds of defamatory or abusive, threatening or inflammatory, or otherwise objectionable content;

ii. impersonate any other person or entity or falsely claim an affiliation with any other person or entity; access stackstream accounts of others without their explicit permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via stackstream; or perform any other similar fraudulent activity;

iii. send junk mail or spam to users of stackstream in any form (including without limitation unsolicited advertising, promotional materials, or other solicitation material); bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

iv. harvest or collect email addresses or any other contact information of other users from stackstream;

v. defame, harass, abuse, threaten, or defraud users of stackstream, or collect or attempt to collect, personal information about users or third parties without their consent;

vi. interfere with (i.e., remove or delete, circumvent or disable, damage) (a) security-related features of stackstream or User Contributions, (b) features that prevent or restrict use or copying of any content accessible through stackstream, (c) features that enforce limitations on the use of stackstream or User Contributions, or (d) the copyright or other proprietary rights notices on stackstream or any User Contributions;

vii. attempt to discover the entire or any part of stackstream’s source code. Such actions include but are not limited to reverse engineering, disassembling, or decompiling;

viii. adapt any part of stackstream, including but not limited to modifications, translations or the creation of works derived from stackstream, except and only to the extent of such activity being explicitly permitted by applicable law, notwithstanding this limitation;

ix. upload or otherwise distributing any form of malware, viruses, spyware, worms or other malicious code that interferes with or damages the operation of stackstream or any user’s enjoyment of it;

x. relay email from a third party’s mail servers without the permission of that third party;

xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by stackstream, including but not limited to stackstream, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures stackstream may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by stackstream, including but not limited to stackstream;

xii. manipulate identifiers in order to disguise the origin of any User Contributions transmitted through stackstream;

xiii. interfere with or disrupt stackstream or servers or networks connected to stackstream, or disobey any requirements, procedures, policies, or regulations of networks connected to stackstream; use stackstream in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying stackstream, or that could damage, disable, overburden, or impair the functioning of stackstream in any manner;

xiv. use or attempt to use another user’s account without authorization from that user and stackstream;

xv. attempt to circumvent any content filtering techniques we possibly employ, or attempt to access any service or area of stackstream that you are not authorized to access;

xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

xvii. use stackstream for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

stackstream explicitly disclaims any and all liability for any actions resulting from your use of the service. The use of stackstream’s service is at your own discretion and risk, you are solely responsible for any damage to your computer system or loss of data resulting from the use of our service. stackstream liable for any false, obscene, pornographic, slandering, defaming, or profane content you may encounter when you use stackstream. Your use of stackstream is at your own risk. In addition, these rules do not create a private right of action for third parties or a reasonable expectation that Stackstream will not include content prohibited by these rules.

stackstream is not liable for any statements or representations included in User Contributions. stackstream does not endorse any User Contributions, nor does stackstream assent to any opinion, recommendation, or advice expressed in the User Contributions. stackstream reserves the right to remove, screen, or edit any User Contributions posted or stored on stackstream at any time and without notice to the fullest extent permitted by applicable law, including where such User Contributions violates these Terms of Service or applicable law. You are solely responsible for creating backup copies of and replacing any User Contributions you post or store on stackstream at your sole expense. Any use of stackstream in violation of the foregoing terms violates these Terms of Service and may result in termination or suspension of your rights to use stackstream.

9. Copyright

stackstream respects the intellectual property of others and follows the requirements set forth in the German Copyright Act and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on stackstream infringes upon your copyright, please submit a notice via email to stackstream@matched.io.

10. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals to stackstream or its employees, you acknowledge and agree that stackstream shall be entitled to use or disclose such ideas, suggestions, documents, and/or proposals for any purpose in any way. Further, you acknowledge that by submitting such ideas, suggestions, documents, and/or proposals to stackstream does not entitle you to any form of compensation or credit to you.


11. Disputes

a. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless stackstream, its parent company, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “matched.io Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of stackstream, any User Contributions you post, store, or otherwise transmit in or through stackstream, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the matched.io Parties of any third-party claim, and matched.io reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify matched.io, and you agree to cooperate with matched.io’s defense of these claims. matched.io will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


b. Limitation of Liability and Damages

i. Limitation of Liability for all Users residing outside the EEA

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: 

(A) IN NO EVENT SHALL MATCHED.IO OR THE MATCHED.IO PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE STACKSTREAM, THE CONTENT OR THE COMPONENTS INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MATCHED.IO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MATCHED.IO’S RECORDS, PROGRAMS, OR SERVICES; AND

(B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MATCHED.IO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE STACKSTREAM EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT, OR ONE HUNDRED U.S. DOLLARS (US$100). TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, MATCHED.IO SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MATCHED.IO AND YOU .

ii. Limitation of Liability for all Users residing inside the EEA

Should we fail to comply with these Terms of Service, we are responsible for your loss or damage that is a foreseeable loss or damage resulting from us breaking these Terms of Service or us failing to use reasonable care and skill. However, we are not liable for any loss or damage that is not foreseeable. In the context of these Terms of Service, foreseeable shall mean it was either obvious that it was going to happen, or both we and you knew it might happen at the time you accepted these Terms of Service.

iii. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT MATCHED.IO HAS OFFERED STACKSTREAM, USER CONTENT, THE COMPONENTS, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MATCHED.IO, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MATCHED.IO. MATCHED.IO WOULD NOT BE ABLE TO PROVIDE STACKSTREAM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

iv. Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MATCHED.IO AND RECEIVED THROUGH OR ADVERTISED ON STACKSTREAM OR RECEIVED THROUGH ANY REFERENCE SITES.


c. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: 

(A) STACKSTREAM AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPLICITLY PROVIDED TO THE CONTRARY IN WRITING BY MATCHED.IO; 

(B) MATCHED.IO DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO STACKSTREAM, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; 

(C) MATCHED.IO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON STACKSTREAM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; 

(D) MATCHED.IO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND 

(E) WHILE MATCHED.IO ATTEMPTS TO MAKE YOUR ACCESS AND USE OF STACKSTREAM SAFE, MATCHED.IO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT STACKSTREAM OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MATCHED.IO OR THROUGH STACKSTREAM WILL CREATE ANY WARRANTY NOT EXPLICITLY STATED HEREIN.


d. Applicable Law and Venue

To the fullest extent permitted by applicable law, you and matched.io agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MATCHED.IO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MATCHED.IO.

You and matched.io agree to arbitrate any dispute arising from these Terms of Service or your use of stackstream, except that you and matched.io are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. 

12. Termination

To the fullest extent permitted by applicable law, matched.io reserves the right, without notice and in our sole discretion, to terminate your license to use stackstream (including to post User Contributions) and to block or prevent your future access to and use of stackstream, including where we reasonably consider that: 

(a) your use of stackstream violates these Terms of Service or applicable law; 

(b) you breach any regulation of these Terms of Service (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms of Service); or 

(c) we are unable to continue providing stackstream to you due to technical or legitimate business reasons. 

(d) you physically, verbally, or through other means abuse, threaten, bully, or harass stackstream or its personnel (in such circumstances, stackstream may alternatively suspend or restrict your access to the platform)

To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: 

(i) stackstream, 

(ii) any regulation of these Terms of Service, 

(iii) any policy or practice of matched.io in operating stackstream, or 

(iv) any content or information transmitted through stackstream, is to terminate your account and to discontinue use of any and all parts of stackstream.

13. Trademarks

STACKSTREAM, the stackstream logos, and any other product or service name, logo, or slogan used by matched.io, and the look and feel of stackstream, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of matched.io, and may not be used in whole or in part in connection with any product or service that is not matched.io’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits matched.io, without our prior written permission. Any use of these trademarks must be in accordance with the matched.io Style Guidelines.

All other trademarks referenced in stackstream are the property of their respective owners. Reference on stackstream to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation. 

14. Miscellaneous

a. Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

b. Severability

Should any of the foregoing conditions of this agreement be or become invalid, the validity of the remaining conditions shall not be affected and shall remain legally binding to the full extent. Should stackstream fail to enforce any provision of this agreement, such failure shall not be deemed a waiver.

c. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by matched.io without restriction. Any attempted assignment in violation of these Terms of Service is void.

d. Survival

Upon termination of these Terms of Service, any regulation or condition which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5, 6, 11, 13, and 14.

e. Entire Agreement

The Terms of Service, which incorporate the Community Guidelines and our Privacy Policy, is the entire agreement between you and matched.io relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by matched.io as set forth in Section 4 above.

f. Order of Terms

The headings of the respective sections used in these Terms of Service are for convenience only and shall not affect the interpretation of the agreement.