March 21, 2017

STREETER INC (“STREETER”) provides the Streeter mobile Application (“Application”), a location-based trusted community marketplace for individuals and business to post ads, sell items, and explore listings around the world. 

Please review these Terms carefully before using the Services or the Application. By using any of the Services or Application, you accept and acknowledge that the Services are hosted in the United States and that your use of the Services is subject to these Terms and the laws of the State of Texas.

1. Changes

We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.

2. Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services and the Application, and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of the Services and the Application. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service or Application, the additional terms will control.

Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

3. Minimum Age to use the Application

Both the Website and the Application are intended to be used by adults, as legally defined in your jurisdiction. If you are not an adult, you are not authorized to download the Application or to register and create an account with us. Usage by a minor requires the permission of a legal representative. In this case, the legal representative is liable for any acts committed by the minor. Minors operating the Website and/or Application without the permission of their respective legal representatives must stop using and uninstall the Application.

4. Registration and Access Controls

As a user of the Streeter Application, you will create an account through the Application or authenticate through your Google Plus or Facebook account. Should you decide to use your Google Plus or Facebook account in order to use the Application, please refer to and comply with the Terms of Use and Privacy Policies of both Google and Facebook.

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us at hello@streeterapp.com immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself. Streeter prohibits users from impersonating someone else, creating accounts for anyone other than yourself, and creating multiple accounts.

By creating an account, you agree to receive certain communications in connection with the Application.

5. Intellectual Property; License

The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.

Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.

a. Viral Distribution

We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as social media, email, or blogs). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.

b. Commercial Licenses

You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us via e-mail at hello@streeterapp.com and include “Content License” in the subject line.

Failure to license the commercial use of Content or Services from STREETER could result in the termination of your use of the Streeter content and services, legal suits regarding the appropriation of the Streeter name and content, and any other remedy to which Streeter may be entitled in law or in equity.

6. Legal Complaints

STREETER takes your rights seriously. If you have issues with any agreements between you and STREETER, the Services, or this Application, please contact us immediately at hello@streeterapp.com, with LEGAL in the subject line. If you are having legal issues with another user, please contact us immediately via the e-mail address above with LEGAL in the subject line.

Additionally, we respect the intellectual property of others, and we ask you to do the same. If you or any user of this Application or our site believes its copyright, trademark or other property rights have been infringed by a posting on our site or this Application, you or the user should send notification to our Copyright Agent (as identified below) immediately. To be effective, the notification must include:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b Identification of the copyrighted work claimed to have been infringed;

(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f)  A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Copyright Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Please include the words LEGAL in the subject line of any notice sent to the Copyright Agent

 

Copyright Agent:

Vishnu Kurra

23162 Hanworth ST,

Ashburn, VA 20148

hello@streeterapp.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Application without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

7. User Submissions

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, whether you are a Business User or an Individual User, you grant to STREETER, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by us.

You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to STREETER the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

8. Third-Party Content

Through the Application, we provide third party content and link to third party websites and apps via listings or advertisements on the Services. We do not necessarily endorse or evaluate third party content, websites, and apps, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

If you purchase any goods or services through a third party’s website or application, please be aware that you must contact the third party in the event of a dispute or the need for a refund.  We cannot refund any purchases made from a third party site. 

9. Fees for Application

The Streeter Application is free to download and use.   

10. Acceptable Use

• The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
• Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
• Threaten, defame, stalk, abuse, or harass other persons
• engage in illegal activities;
• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between STREETER and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that Website and/or Application Administrators deem, in their sole discretion, to be otherwise objectionable, including linking to sites that contain such content;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
• Post photos or text containing a reference to another competitor website or app, photos that do not show an item clearly, internet photos that you haven’t taken yourself, and duplicate listings for items
• Interfere with others using the Services or otherwise disrupt the Services;
• Collect, access, or transmit personally identifiable information about other users without the consent of those users and/or STREETER.
• Engage in unauthorized spidering, “scraping,” or harvesting personal information or content, or use any other unauthorized automated means to compile information;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
• Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
• Without limiting any other provision in these Terms, you may not offer for sale any of the following:

      - Alcoholic Beverages
      - Items received through Government assistance
      - Items which encourage or facilitate illegal activity
      - Lottery Tickets, Sweepstakes Entries and Slot Machines
      - Obscene Material and all types of Pornography
      - All types of offensive material
      - Items that are defective or of poor quality.
      - Controlled chemical substances (such as cadmium, mercury, acids)
      - Counterfeit currency, stamps or coins
      - Counterfeit Products
      - Databases containing personal data
      - Electronic Surveillance Equipment
      - Embargoed Goods
      - Government, official and Transit Uniforms, IDs and Licenses
      - Illegal Drugs and Drug Paraphernalia
      - All types of illegal services and products
      - Hacking tools
      - Fireworks, Destructive Devices and Explosives
      - Identity Documents, Personal Financial Records and Personal Information (in any form, including mailing lists).
      - Items that infringe on the trademarks, copyrights or any other IP rights of third parties.
      - Item that are perishable (food etc.) or live animals.
      - Items that are listed as "free" but are not intended to be given away.
      - Hazardous Materials
      - Items without a realistic price
      - Blood, Bodily Fluids and Body Parts
      - Burglary Tools or tools whose only purpose is to commit a crime
      - Pesticides
      - Pictures or images that contain frontal nudity
      - Police and Other Security Forces’ Badges and Uniforms
      - Prescription Drugs, medicines, supplements and Devices
      - Recalled items
      - Stocks and Other Securities
      - Stolen Property
      - Tobacco Products (including vapes and e cigarettes)
      - Used Cosmetics
      - Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons).

We reserve the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations but in some cases we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items.

11. Access; Account Deletion

We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

• Restrict or terminate your access to the Services;

• Change or discontinue the Services;

• Deactivate your accounts and delete all related information and files in your accounts; or

• Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.

If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account, please contact us at hello@streeterapp.com and uninstall the Application immediately. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.

Sections 7 and 12-17 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

12. Indemnification

You will defend, indemnify, and hold harmless STREETER, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “STREETER Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). STREETER retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without STREETER’s prior written approval.

13. Disclaimers; Limitation of Liability

STREETER does not assume any responsibility for, nor does it make any warranties concerning the content or services provided by the Streeter Application. STREETER only provides the use of the Streeter Application and does not assume any liability for transactions or agreements made between Application users and third parties.

Streeter is a platform that brings together buyers and sellers of products. The STREETER Parties are not the owner of and have no control over the items either available for sale or sold through the Streeter platform, unless otherwise stated, and are not a party to the sales transactions carried out exclusively between buyers and sellers.  The STREETER Parties neither review the products that Users provide though the Application nor do they rate sellers themselves. Users buy and sell through Streeter at their own risk and agree to hold the STREETER Parties harmless if any disputes arise between the parties to a transaction or if a negative rating impacts a seller’s business.

Any information on the products offered for sale through the Application has been placed there by the User selling the product. The STREETER Parties cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by a seller User. 

THE STREETER PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE STREETER PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”  THE STREETER PARTIES MAKE NO WARRANTIES WHATSOEVER CONCERNING PRODUCTS OFFERED FOR SALE BY USERS OF THE APPLICATION.

THE STREETER PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES, USERS’ PRODUCTS OFFERED FOR SALE VIA THE APPLICATION, OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE STREETER PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE STREETER PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO STREETER IN THE THREE MONTHS PRECEDING THE CLAIM.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE STREETER PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY APPLICATION, WEBSITE, PROPERTY, PRODUCT, OR AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE STREETER PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. Storage of Information

All user information shall be stored in MYSQL databases hosted via Amazon AWS servers.  Only STREETER employees and contractors will have access to this information. All employees and contractors are subject to confidentiality agreements. Analytics and usage information may be shared with third parties, but no personal information shall ever be shared. STREETER shall not be liable for any user information that is lost as a result of the server. Furthermore, Streeter and the servers it is based on shall not be used as an emergency storage system for users.

15. Governing Law, Venue, and Jurisdiction

You are responsible for ensuring that use of the Streeter application is permitted under the laws of the country in which you reside and in which you are using the application and any local jurisdictions.  These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Texas, notwithstanding its conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration or mediation (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Dallas, Texas. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

16. Arbitration/Mediation

We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by mediation or binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, mediation or arbitration hearings will be held in Dallas, Texas. If we choose arbitration, the arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. If we choose mediation, any agreement reached as a result of mediation shall be binding and enforceable according to the laws of the State of Texas.

17. Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any provision or part of a provision of these Terms is determined to be invalid or unenforceable under applicable law, that portion will be removed, and the remainder of the Terms will continue to be valid and enforceable.

 

Third Party Terms

 

Some of the Services’ mapping features are powered by Google Inc., the use of which are also governed by the terms of use located at https://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). Similarly, aspects of the Streeter Website and/or Application may be powered by third party sources, including Indeed, Google Places, Google Maps, and Groupon. All use of such third party sourced material is governed by their respective terms of use as found on their respective websites.

If you use an Apple mobile device (including but not limited to iPhone) with the Services, you agree to the following terms and conditions to the extent they apply to your use of the Apple mobile device:

  1. Scope of License: The license granted to you for the Licensed Application is a limited non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  2. Support: Third parties are not responsible for any maintenance, support, intellectual property or warranty claims for the Licensed Application. You acknowledge that iTunes has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.
  3. U.S Government Embargo: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country.
  4. Third Party Beneficiaries: You acknowledge and agree that iTunes, Apple, and Apple's subsidiaries, are third party beneficiaries of the Licensed Application End User License Agreement or any other end-user license agreement for any licensed Product, and that, upon Your acceptance of the terms and conditions of such license, iTunes will have the right (and will be deemed to have accepted the right) to enforce such license against You as a third party beneficiary thereof.