1. Free Trial. If You register on the STEAMS ONLINE Site for a free trial, we will make the Service available to You on a trial basis free of charge until the earlier of (i) the end of the free trial period or (ii) date that You commence use of the Service as a paying user (the "Free Trial Period "). Any data You enter into the Service during the Free Trial Period can be downloaded by You prior to the end of the Free Trial Period. If the data is not downloaded prior to such time, it will be permanently lost unless You purchase a License to continue to use such Service before the end of the Free Trial Period. Notwithstanding Section 4 (Fees, Payments and Taxes), Section 10 (Representations) and Section 13 (Disclaimer of Warranties), during the Free Trial Period, the Service is provided "As-Is " without any warranty and You hereby agree to be bound by all of the terms and conditions set forth herein.
2. Applicability of Terms of Use. These Terms and Conditions apply to the use of the Site. ?There may be provisions in separate subscription, license and other agreements executed between STEAMS ONLINE and You which govern aspects of the use of the Site. ?If there is an inconsistency between these Terms and Conditions and any such agreements, the terms of the other agreements will prevail. The Site may contain links to websites operated by parties other than STEAMS ONLINE. ?Such links are provided for your convenience and reference only. ?The linked websites that are not operated by STEAMS ONLINE are not under the control of STEAMS ONLINE, and STEAMS ONLINE provides no warranties either express or implied, and is not responsible for the contents of any such linked website or any link contained in such linked website. ?The inclusion of a link to a website not operated by STEAMS ONLINE does not imply any association with its operators or any endorsement of the linked website by STEAMS ONLINE.
3. License Grant. Subject to the provisions of these Terms and Conditions and Licensee's payment of the Fees in accordance with Section 4, below, Licensor grants to Licensee a non-exclusive, non-transferable, non-sublicensable right to remotely access and use the Service for business purposes only ("License").
4. Revisions. Licensor may change, revise, modify, delete or discontinue (either permanently or temporarily) all or any portion of the functionality or scope of the Service at any time in its sole discretion (an "Update "). Following such Update: (i) Licensee shall have the right to terminate this License in accordance with Section 17 or continue to access and use the Service in accordance with the provisions of these Terms and Conditions; and (ii) the definition of "Service " shall be automatically amended without any further action on the part of any of the parties to include such Update.
5. Fees, Payments, and Taxes. The fees for access and use of the Service under this License are as set forth in the registration process, paid either on a monthly or annual basis as specified ( "Fees "). The Fees will be billed to Your credit card that You provided during the registration as you agreed. Licensee hereby authorizes Licensor (or its designee) to charge the applicable Fees to Your credit card on a recurring basis. Licensee is responsible for all sales, excise, VAT and all other taxes (other than taxes on Licensor's net income) associated with Licensee's use of the Service. Licensor may increase the Fees (and bill Your credit card for such increased Fees) upon thirty (30) days prior notice to Licensee. Any Fee increases will become effective at the beginning of the next billing cycle so long as Licensee does not opt to terminate the License.
6. Cancellation. All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect immediately.
If you are unsatisfied with our Services, please email us at support@steamsonline.com or call us at 1 (800) 544-9665.
7. Location of Service and Access. The Service will be hosted on one or more servers either owned or licensed by Licensor and will be accessible by Licensee over the Internet. In order to access the Service, Licensee will be required to maintain internet access, to register with Licensor (an "Account ") and to choose a unique user name and password for each such Account ("Account Access Information"). In the event that Licensor determines that there is more than one user of any single account, Licensor reserves the right to charge Licensee accordingly or to terminate the Licensee's Account. Licensor has the right, but not the obligation, to monitor access to the Service and, without limiting any remedies that it may have hereunder or at law, may deny access to any Licensee at any time in its sole discretion.
8. Certain Rights and Restrictions Regarding Use of the Service.
A - Equipment and Service. Licensee shall provide at its expense all hardware, Internet access and other equipment necessary for accessing and using of the Service.
B - Copies. The Service is protected by applicable U.S. and international laws and/or regulations.. Licensee may print and make copies of the materials regarding the Service for its own use. All such copies must include all of Licensor's proprietary notices contained in the originals without alteration of any kind. Except as otherwise provided in this Section, Licensee may not make copies of the Service or accompanying materials.
C - Reverse Engineer. Licensee may not, and may not cause or permit any of its employees or any third party to, modify, adapt, translate, reverse engineer, decompile, disassemble, translate or create derivative works based on the Site or the Service without the prior written consent of Licensor, which Licensor may withhold in its sole discretion.
D - Rent, Lease and Transfer. The Service and access to the Site is licensed only to Licensee. Licensee shall not sublicense, transfer, lease, assign, rent, distribute, sell or otherwise dispose of the Service (including any of the materials) on a temporary or permanent basis except with the written and executed consent of Licensor, which Licensor may withhold in its sole discretion. Prior to transferring the Service to an authorized transferee, the transferee shall agree in writing to be bound by all of these Terms and Conditions.
E - Access Restrictions. Licensee shall not permit or allow any third party to access or use any Account Access Information to access or use the Service or for any other purpose except as expressly authorized in these Terms and Conditions without Licensor's written consent, . Licensee shall not permit multiple users to share a single Account. Licensee is solely responsible for ensuring that the Account Access Information is utilized only by Licensee. Licensee shall be solely responsible for any loss, claim, damages or other liability whatsoever that may arise from the unauthorized use of any Account Access Information. If any of Licensee's Account Access Information is lost or stolen, Licensee must notify Licensor of such loss or theft so that the account can be deactivated and a new username and password can be chosen expeditiously.
F - Security. Licensor shall use commercially reasonable efforts and shall maintain appropriate safeguards for the protection and security of Licensee Content (as defined in Section 7(G) below). Licensor shall not (i) modify any Licensee Content, (ii) access Licensee Content except to provide the Service and prevent or address service or technical problems or (iii) disclose Licensee Content, except in connection with providing the Services or as compelled by law or in accordance with Sections 7(G), 7(H) and 9. Nonetheless, Licensor cannot and does not guarantee the security of information transmitted during use of the Service or stored by Licensor and shall not be liable to Licensee or any other person or entity in the event the security or confidentiality of any information is compromised. Licensor shall have the right, but not the obligation to deactivate any account or delete and Licensee Content which it determines in its sole discretion is or may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property, these Terms and Conditions, or applicable law. Without limiting the generality of the foregoing, Licensor shall fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of Licensee or any other information in connection with any Licensee Content used in connection with the Service or User Contributions (as defined in Section 7(H) below) posted on or through the Site.
G - Manner of Use. Licensee is solely responsible for all information and data uploaded to the Service under Licensee’s account ("Licensee Content ") and all other activity that occurs under Licensee's Accounts. Licensee shall not use the Service for any illegal or unauthorized purpose(s). Licensee may only use the Service in accordance with the User Guide (which is hereby incorporated into these Terms and Conditions by reference) and applicable laws and government regulations. Licensee must not, in the use of the Service, violate any applicable laws (including but not limited to applicable copyright and other laws).
H - Public Forums and Other User Contributions. The Site may contain message boards, blogs, chat rooms, bulletin boards and other public forums that allow You to post, submit, publish, display or transmit to other users or other persons content, materials and information ("User Contributions"). All User Contributions shall be considered non-confidential and non-proprietary and may be read, collected or used by third parties. By providing User Contributions You hereby grant Licensor the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to any third party any such User Contributions for any purpose whatsoever. Licensee hereby represents and warrants that it has the right to contribute such User Contributions and such User Contributions comply with these Terms and Conditions.
I - Licensee acknowledges that it shall be solely and fully responsible for all User Contributions posted under its account including without limitation, issues concerning legality, reliability, accuracy and appropriateness. Licensor may (i) remove or refuse to post any User Contribution for any reason or no reason in its sole discretion, (ii) take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion (iii) disclose the identity of the person making the User Contribution or any other information related thereto to any third party who claims that material posted violates their rights including, without limitation, intellectual property rights or privacy rights, (iv) take any appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, (v) terminate or suspend Licensee's access to all or any portion of the Site.
J - Bandwidth Usage and Storage. Licensor may, in its discretion, disable any Account or limit an Account’s bandwidth usage if Licensor determines that usage is excessive. Licensor may also, in its discretion, disable any Account or limit storage capacity with respect to such Account should Licensee's storage usage be excessive.
K - Integration with Non STEAMS ONLINE Applications and Services. If You install or enable applications or services not provided by Licensor (e.g. Google, gmail, Mailchimp, etc.) for use with the Service, You acknowledge that Licensor may allow providers of such applications to access Licensee Content as required for the interoperation of such applications or services with the Service. Licensor shall not be responsible for any disclosure, modification or deletion of Licensee Content resulting from any such access by any such application or service providers. Licensor does not warrant or support these products or services, whether or not they are designated as "certified" or otherwise. Purchase of non STEAMS ONLINE products or services is not required to use the Service except a supported computing device, operating system, web browser and internet connection. If the provider of such applications and services ceases to make such applications and services available for interoperation with STEAMS ONLINE Service, Licensor may cease providing such access without entitling You to any refund, credit or other compensation.
9. Your personal information and Cookies. Please see our privacy policy for details of how we process your personal details and the use we make of Cookies, www.steamsonline.com/privacy
10. Ownership of Service and Intellectual Property Rights. Licensor does not sell the Service to Licensee, but only grants Licensee a non-exclusive, limited license to use the Service according to these Terms and Conditions. As between Licensor and You, Licensor and its licensors retain ownership in the Service and all intellectual property rights in the Service, including without limitation any and all patents, copyrights, trade secrets, trademarks and any other proprietary and other rights. Licensee shall not use any intellectual property rights of Licensor without the prior written consent of Licensor. Licensee agrees that Licensor may audit Licensee's use of the Service for compliance with these Terms and Conditions at any time, upon reasonable notice. All rights not specifically granted under these Terms and Conditions are expressly reserved by Licensor and its licensors.
11. Relationship of Parties. In performing any and/or all obligations under this License, Licensor and Licensee shall each operate as and have the status of being an independent contractor of the other party, and neither party shall act as or be an agent or employee of the other party.
12. Confidentiality. Licensee acknowledges and agrees that these Terms and Conditions and the Service contain proprietary information of Licensor ("Confidential Information "), and Licensee hereby agrees to maintain the confidentiality of the Confidential Information using at least as great of degree of care as it uses to maintain the confidentiality of its own most confidential information, and in no event less than reasonable care. Notwithstanding the foregoing, in the event that Licensee is required by a valid order by a court or other governmental body to disclose Confidential Information, Licensee may disclose such Confidential Information provided that Licensee first gives Licensor prompt notice thereof in order to enable Licensor to have the opportunity to seek protection from such order of disclosure.
13. Representations. Licensee hereto represents and warrants to Licensor that: (i) it has the power and authority to enter into these Terms and Conditions. Further, Licensee agrees that it will not export or re-export the Service or accompanying Materials (or any copies) in violation of any applicable export control laws or regulations of the United States. Licensor hereto represents and warrants to Licensee that is has the power and authority to enter into these Terms and Conditions.
14. Indemnification.
A - Indemnification of Licensor. Licensee will defend, indemnify and hold harmless Licensor and its subsidiaries, licensors and affiliates (and their respective officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees and costs) arising from or relating to (i) accessing the Service or any third party service to which You may import or export Licensee Content, (ii) use or misuse of the Service (including any data or information input into the Service or file or database created thereby), and/or any hardware (if applicable) furnished by Licensor in connection therewith, including without limitation any disclosure of any person's medical information in violation of HIPAA, any violations under the Gramm-Leach-Bliley Act or any other applicable privacy law ( "Privacy Laws "), (iii) breach of any of the provisions of these Terms and Conditions, and (iv) any action taken by Licensor during, as a result of or as a consequence to any investigations by Licensor or law enforcement.
B - Indemnification of Licensee. Licensor will defend, indemnify and hold harmless Licensee against any claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees and costs) arising from or relating to any claim by a third party that the use of the Service as permitted hereunder infringes or misappropriates the U.S. intellectual property rights of a third party ( "Third Party Claim ") provided that You (i) promptly provide written notice of the Third Party Claim; (ii) give Licensor the sole control of the defense and settlement of the Third Party Claim (provided that we may not settle any Third Party Claim unless the settlement unconditionally releases You of all liability) and (iii) provide to Licensor all reasonable assistance, at Licensor's expense. In the event that a Third Party Claim or if we believe that the Service may infringe or misappropriate any U.S. intellectual property right, we may, in our sole discretion and at no cost to You, (a) modify the Service so that it no longer infringes or misappropriates, (b) obtain a license for You to continue to use the Service, or (c) terminate Your License upon thirty (30) days prior written notice and refund to You any prepaid Fees covering the remainder of the term of such Service after the effective date of termination. The foregoing states Licensor's sole liability to and Licensee's sole remedy for the claims described therein.
15. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SITE, THE SERVICE (INCLUDING ANY WRITTEN MATERIALS), AND ANY SUPPORT ARE ALL PROVIDED "AS IS " WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY OF ERROR FREE APPLICATION OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR DOES NOT WARRANT THE USE, RESULTS OR PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVER(S) THAT MAKE(S) THE SERVICE AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
