Terms of Use

                                                Sip N Chat Network Streaming Service

BY ACCEPTING THESE TERMS OF USE, EITHER BY CLICKING A BOX ONLINE INDICATING YOUR ACCEPTANCE, EXECUTING AN ORDER THAT REFERENCES THEM, OR BY USING OUR SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF USE AND YOU MAY NOT USE THE SERVICES.

1. Terms and expressions not otherwise defined in the body of these Terms of Use will have the following meanings:
   • “Ad” or “Advertisement” means a commercial notice, announcement or message made in a public medium to customers or prospective customers to promote a person, entity, brand, product, service, or event.
   • “Ad Technologies” means, collectively, digital advertising technologies that include advertising tags (such as pixels, clear GIFs and similar methods), cookies, device identifiers or other identifiers and similar technologies.
   • “Ad Services” means those services such as digital marketing and traditional agency services, as may be provided by Stream and/or its Affiliates pursuant to an Order.
   • “Additional Terms and Conditions” means those additional terms and conditions specified by Stream from time to time for certain Services and attached to an Order.
   • “Affiliate” of a party means an entity that, directly or indirectly through one or more entities, controls, is controlled by or is under common control with that party, where “control” means the possession, direct or indirect, of the power to direct the management and policies of such party, whether through the ownership of at least fifty percent (50%) of the voting interest of such party, through contractual provisions, or otherwise, and includes that entity’s officers, directors, agents, employees, successors and assigns.
   • “Agreement” means, collectively, these Terms of Use, our Privacy Policy, and any Orders, including all schedules and attachments thereto and all amendments to any of the foregoing.
   • “Customer”, “you” and “your” means the organization identified in the applicable Order to receive the subscription to the Service.
   • “Customer Data” means, other than Non-Proprietary Data, all data collected by Stream hereunder on behalf of or received from Customer, or an agency representing Customer, including any data, information, or materials that Customer, its Affiliates, or any third party vendors or partners on Customer’s behalf may disclose or submit to Stream and any and all Customer Reports, provided Customer Data does not include Non-Proprietary Data or other data or information that Stream receives outside of its performance of the Services for Customer, even if such information is identical to a portion of data comprising Customer Data. References to Customer Data include Customer Personal Data unless Customer Personal Data is specifically excluded.
   • “Customer Material(s)” means any Customer Advertisement, creative, content, data, information or material provided by or created for Customer as a deliverable as part of the Services, and includes, without limitation, any creative works, content, data, information, or materials.
   • “Customer Report” means any report or summary prepared for Customer in connection with the Services containing information—including IP addresses and pseudonymous data with cookie ID, user ID, Device ID, mobile ID, or other persistent identifier(s) —about user activity or engagement with Advertisements or Site Content.
   • “Fees” means the fees or rates for the use of the Services as set forth in each Order.
   • “Stream”, “we” and “us” means Stream Companies, LLC.
   • “Intellectual Property Rights” means all rights including future rights in inventions, patents, designs, copyrights, trademarks, service marks, databases and topography rights (whether or not any of those is registered and including applications for registration of the foregoing, renewals, extensions, continuations, divisions and reissues) together with all trade secrets, know-how and all rights or forms of protection of a similar nature or having equivalent or similar effect to any others which may subsist anywhere in the world.
   • “Non-Proprietary Data” means any non-proprietary and anonymous or pseudonymous data that may be generated or obtained by Stream in connection with the Services, including data included in a HTTP header or HTTP response, such as user agent strings and time stamps; IP addresses; URLs not provided by or on behalf of Customer; and persistent and non-persistent identifiers, such as session IDs, cookie IDs, cache-based IDs, mobile advertising identifiers and device IDs.
   • “Order” means an order for Services that is signed by Customer and/or submitted to Stream by means of a Stream online click-thru or self-service online tool, traditional signature, or other method, and that is accepted by Stream, which may include, without limitation, an order, statement of work, proposal, schedule, attachment, order details provided in a user interface, or insertion order, as amended from time to time.