Last Updated: February 4, 2021.
Welcome to the Streamlux website (www.streamlux.com) (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website (“Site”) and desktop application (“App”), application program interface(s) (“API(s)”) and other products and services we may later own or operate (collectively called the “Services”).
1. Agreement to these Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
2. Changes to the Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and Streamlux agree to resolve any claims relating to these Terms or the Services through final and binding arbitration.
3. Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
In order to use certain features of the Services, you must create an account (“Account”) via the Site and become a registered user (“User”). As a User, you may use certain features of the Services as described in Section 4. You have to provide us with accurate and complete information and keep it up-to-date. You’ll notify us immediately of any unauthorized use of your Account and you’re responsible for all activities that occur under your Account, whether or not you know about them.
6. Subscriptions and Payment
6.1 Pricing
Subject to these Terms, the Services are provided to you for free up to certain limits and with limited features. Usage over these limits or access to certain features requires you to purchase a subscription (“Subscription”). Your rights and obligations will be based on the type of Subscription you choose (i.e., free, basic, or premium Subscription). Details about the different types of Subscriptions, and the limits and available features associated with the Services, are available at www.streamlux.com/pricing
You may change the type of Subscription at any time by (i) emailing us at support@streamlux.com and following any instructions, if any, we provide to you in response to your change request or (ii) initiating a change through your Account settings within the Services.
6.2 Payment Terms
When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
6.3 Authorization for Recurring Payments
If you purchase a Subscription, you will be charged the then-applicable Subscription fee (“Subscription Fee”) at the beginning of your Subscription and each month, quarter or year thereafter, depending on the term of your Subscription, at the then-current rate. Subscription Fees are outlined at www.streamlux.com/pricing. Please note that our Subscription Fees are subject to change, although we will notify you before we effect any change in Subscription Fees.
By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Streamlux. We (or our third party payment processor) will automatically charge you in accordance with the terms of your Subscription (e.g., each month, quarter or year), on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription begins on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
6.4 Cancelling Subscriptions
You may cancel your Subscription at any time but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) email us at support@streamlux.com and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your Account settings within the Services. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, we will allow you to utilize features associated with such Subscription until the most recently paid-up Subscription period ends. Cancelling your Subscription won’t cancel your Account. See Section 14 (Termination) below for information on terminating your Account.
At the end of the Subscription period, or if you stop paying the Subscription Fee, you will have to select which devices you would like to keep saved, depending on your new subscription. Your animations will not be removed or changed in any way. All other data will remain unchanged.
7. Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, designs, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users create through the use of the App (i.e. light effects).
7.1 Ownership and Responsibility of User Content
As between you and Streamlux, you have partial ownership of your User Content. As such, under your discretion, any decisions to market your user content must be done through the Services. A portion of the profits from any User Content will be made available to Streamlux. Subject to the foregoing, Streamlux and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
7.2 Data Maintenance and Backup Procedures
In the event of any loss or corruption of any data associated with the Services, Streamlux will use commercially reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by Streamlux. EXCEPT FOR THE FOREGOING, STREAMLUX WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY SUCH DATA.
8. Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) by emailing us at support@streamlux.com or posting on our Discord server. As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback.
9. Privacy Policy
Please refer to our Privacy Policy (www.streamlux.com/privacy) for information on how we collect, use and disclose information from our users.
10. General Prohibitions
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or User Content to be objectionable, in violation of these Terms or the law. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Copyright Policy
Streamlux respects copyright law and expects its users to do the same. It is Streamlux’s policy to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders.
12. Links to and Integration with Third Party Websites or Resources
The Services may contain links to third-party websites or resources and may offer integration with such third-party websites or services (For example, we may offer integration with certain Google services). We provide these links and integration functions only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of or integration with any third-party websites or resources.
13. Publicity
You agree that Streamlux may identify you and use your logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Streamlux or the Services. If you do not want to allow us the right to use your Marks or identify you or your company you may opt out such marketing requests by emailing us at media@streamlux.com.
14. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that, if you have paid for a Subscription and the termination is not due to your breach of this Agreement, Streamlux will refund you any prepaid fees for the period of your Subscription that extends beyond the effective date of such termination. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Feedback; Privacy Policy; provisions related to permissions to access Content (to the extent applicable); Content and Content Rights; Content Ownership, Responsibility and Removal; General Prohibitions; Warranty Disclaimers; Indemnity; Limitation of Liability; Governing Law and Dispute Resolution; General Terms.
15. Warranty Disclaimers
AS BETWEEN YOU AND STREAMLUX, THE SERVICES, CONTENT, AND APPLICATIONS MADE AVAILABLE ON THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. If you install and use an Application that is made available on the Services, we make no warranty that the Application will perform its intended function or deliver any expected results, and you acknowledge that you assume all risk arising from use of the Applications.
16. Indemnity
You will indemnify and hold harmless Streamlux and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
17. Limitation of Liability
NEITHER STREAMLUX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, TOOLS, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, TOOLS, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STREAMLUX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions.
19. Dispute Resolution for Individual Consumers
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that a Claim may be brought in small claims court if it qualifies for it. You and we also agree that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
20. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Streamlux and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Streamlux and you regarding the Services and Content. If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Streamlux’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Streamlux may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Streamlux under these Terms, including those regarding modifications to these Terms, will be given by Streamlux: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Streamlux’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
21. Contact Information
If you have any questions about these Terms or the Services please contact Streamlux at: support@streamlux.com