END USER LICENSE AGREEMENT (IOS)

Last update: April 12, 2019

CAREFULLY READ THIS END-USER LICENSE AGREEMENT BEFORE INSTALLING THE GAME FROM THIS WEBSITE. YOUR USE, DISTRIBUTION OR INSTALLATION OF THIS COPY OF THE GAME INDICATES YOUR ACCEPTANCE OF THIS END-USER LICENSE AGREEMENT.

This end-user license agreement (“EULA”) is a legal agreement between you (“End User” or “you”) and Streamline Media Group Inc. (“Streamline” or “we”). This EULA applies to the game “Nightstream” and the software in it, including any patches or updates and all accompanying files, data and materials (all together the “Game”). The Game is owned or held by Streamline Media Group Inc., a Delaware Corporation, located at 410 South Rampart Boulevard, Suite 390, Las Vegas, Nevada 89145, United States of America.

We license the use of the Game to you based on this EULA and subject to any rules or policies applied by Apple Inc. (“Apple”) from whose site, the End User downloaded the Game. We do not sell the Game to you. We remain the owners of the Game at all times.

AGREED TERMS

1.       END USER’S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

1.1   You confirm your agreement to this EULA by accepting it as part of the installation process of the Game or using the Game. If you do not agree with this EULA, please do not install or use the Game.

1.2   You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of these terms and conditions by download and use of the Game, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA as a third-party beneficiary thereof. Streamline, not Apple, is solely responsible for the Game and its content.

1.3   The Game is only designed for your personal use as End User after you have accepted the terms of the EULA and downloaded the Game on your device.

1.4   The Game is free to download, offering an optional “in-game purchase”. Purchases are accessible “in-game”, meaning that the options to make a purchase are found within the Game itself. In-game purchases are not required to play the Game but can be used to enhance certain gameplay elements or enable playing an ad-free version of the Game. For example, an ad-free version of the Game is enabled when you make an in-app purchase of USD$0.99 on the App Store. In-app purchases are paid using real money. Prices may vary and are subject to change.

1.5   You acknowledge that you are at least 13 years of age (or over 16, if you are located in the European Economic Area) or older and that you are using the Game, after obtaining verifiable consent of a parent or legal guardian who approved this EULA on your behalf. Streamline may require adequate proof of your identity, age and consent of a parent or legal guardian at any time.

 

2.       TECHNICAL SPECIFICATIONS AND DOWNLOAD OF THE GAME

2.1   Technical Requirements:

2.1.1         Use of the Game requires at least the following:

a)       iOS device (iPad3 or higher, iPhone5s or higher);

b)      internet connection (also for in-Game purchases, if applicable);

c)       minimum memory: 1.5 GB;

d)      updates via the App Store may be available, from time to time, at Streamline’s sole discretion and without prior notice to End User.

2.1.2         Because the use of the Game involves hardware, software and internet access, your ability to use the Game may be affected by the performance of these factors, even if your device meets the above technical requirements. High speed internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time are your sole responsibility.

2.2   Installation and use:

2.2.1         to download the Game the End User must follow the instructions and steps specified in the Usage Rules set forth in the App Store Terms of Service. Strict compliance with the instructions is essential to successfully download the Game on your device.

2.2.2         Before downloading the Game, the End User must verify that the use of the Game is compatible with End User’s device and that it will not affect the performance of that device or device’s other installed applications. Streamline shall not be liable for any damage caused to End User's device or to other installed applications on such device arising from the downloading or use of the Game.

2.2.3         Streamline shall only be liable for maintenance or technical support as specified in this EULA, or as required under applicable law. You, as End User, acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.

 

3.       GRANT AND SCOPE OF LICENSE

3.1   Subject to your compliance with the terms and conditions of this EULA, Streamline grants you a non-exclusive, non-transferable, non-sublicensable and personal license to download and use one (1) copy of the Game on the device that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3.2   Streamline reserves all rights in and to the Game not expressly granted to you under this EULA.

 

4.       LICENSE RESTRICTIONS

 Except as expressly set out in this EULA or as permitted by any local law, you agree:

4.1   not to rent, lease, lend, sell, redistribute, merge, communicate to the public, adapt or sublicense  the Game in whole or in part;

4.2   not to copy, translate, correct, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions is prohibited by applicable law or to the extent as may be expressly permitted in writing by Streamline);

4.3   not to use the Game in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Game or any operating system;

4.4   not to infringe Streamline’s intellectual property rights or those of any third-party in relation to your use of the Game;

4.5   not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game;

4.6   not to use the Game in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

 

5.       CONSENT TO COLLECTION AND USE OF DATA

5.1   You agree that Streamline may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Game. Streamline may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

5.2   You further acknowledge that certain personal data may be collected by access to and download of the Game. Typically, this would include the website that referred you (if any), your internet protocol “IP” address, your name, your business and/or home address or your email address solely related to the purchase transaction of the Game that End User may provide (“Personal Information”).  Streamline may use this Personal Information to generate End User profile, to contact you as “opted-in” by download and use of the Game, to collect demographics and other statistics for improvement of the Game, to effectively market Streamline’s products and services, and to tailor usability and functionality of the Game to you and other End Users. 

5.3   No Personal Information is sold, traded, or distributed to third parties by Streamline. Streamline reserves the right, however, to disclose any such Personal Information if required to do so by law, or in the event such action will reasonably comply with a legal process, respond to claims, or to protect the rights, property and/or safety of Streamline, Apple, and other End Users. 

5.4   Streamline may make available for End User, the option of discontinuing receipt of promotional email communications and removing the End Users' information from Streamline’s databases. Instructions for “opting-out” of these promotional email communications will be provided in the actual email communications to End Users who have registered, authorized, or "opted-in" for such notices.

5.5   Further information about Streamline’s data collection and privacy policies for the End User can be found in our Privacy Policy.

 

6.       INTELLECTUAL PROPERTY RIGHTS

6.1   End User acknowledges and accepts that all intellectual property rights in the Game (including without limitation source code, sounds, images, contents, trademarks, characters, logos, commercial names, texts, graphics, designs, “look-and-feel”, videos, etc.) are owned by Streamline and/or licensed third parties.

6.2   End User acknowledges that rights in the Game are licensed and not sold to you, and that you have no rights in, or to, the Game other than the right to use it in accordance with the terms of this EULA.

 

7.       NO WARRANTY

7.1   STREAMLINE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE GAME WILL BE UNINTERRUPTED OR BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INVASION, AND STREAMLINE DISCLAIMS ANY LIABILITY IN RELATION THERETO. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE GAME IS AT YOUR SOLE RISK.

7.2   TO THE MAXIMUM EXTENT PERMITTED BY LAW THE APPLICATION AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE APPLICATION ARE (EXCEPT AS EXPRESSLY STATED BY STREAMLINE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. STREAMLINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE GAME, EITHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

 

8.       LIMITATION OF LIABILITY

8.1   STREAMLINE SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COSTS, INJURIES, LOSSES, OR DAMAGES ARISING FROM YOUR USE OF THE GAME OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE GAME, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE GAME, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY.

8.2   OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA WHETHER IN CONTRACT, TORT (INCLUDING NEGLIDGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE THE AMOUNT, IF ANY, PAID BY YOU TO ACCESS AND USE THE GAME. THIS DOES NOT APPLY TO THE TYPES OF LOSS SET OUT IN SECTION 8.3.

8.3   Nothing in this EULA shall limit or exclude our liability for:

a)       death or personal injury resulting from our negligence;

b)      fraud or fraudulent misrepresentation; and

c)       any other liability that cannot be excluded or limited by the law.

 

9.       TERMINATION

9.1   This EULA shall remain effective in perpetuity, unless terminated by the End User or Streamline. The End User may terminate this EULA at any time by uninstalling the Game. Streamline is entitled to terminate this EULA automatically if End User breaches any of the terms contained therein.

9.2   Upon termination of this EULA, you shall cease all use of the Game and destroy all copies, full or partial, of the Game that you hold.

 

10.   CONTACT

10.1 You and we agree that this EULA is an agreement concluded between us alone and not with Apple. We are solely responsible to you for the Game and its content, so if you require maintenance or support services or have any questions or complaints please contact us and not Apple, since Apple has no obligation whatsoever to furnish any such services with respect to the Game. You can contact us by email: contact@nightstreamhq.com or through our Facebook page.

 

11.   ADDITIONAL PROVISIONS

11.1 In the event of any third-party claim that the Game or your possession and use of the Game infringes that third-party's intellectual property rights, we and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

11.2 You and we agree and acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the Game or your possession and/or use of the Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection laws or similar legislation.

11.3 In the event of any failure of the Game to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for the Game to you. Otherwise, to the maximum extent permitted by applicable law, Apple will have no other warranty or obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

11.4 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.

 

12.   MISCELLANEOUS

12.1 This EULA, the Terms of Use and Privacy Policy constitute the entire agreement between you and Streamline and governs your use of the Game, superseding any prior agreements between you and Streamline. If any part of this EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Streamline’s failure to enforce any right or provisions in this EULA will not constitute a waiver of such provision, or any other provision of this EULA. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Streamline will not be responsible for failures to fulfill any obligations due to causes beyond its control.

 

13.   APPLICABLE LAW

13.1 Disputes Negotiations. We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us, please contact us as soon as possible by sending a complaint notice by email or to our address.              

13.2 Arbitration. If you and Streamline are not able to resolve a dispute within thirty (30) days after receipt of the complaint notice, such dispute shall be finally settled by arbitration in accordance with the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures. Hearings will be conducted by teleconference, unless the arbitrator determines that an in-person hearing is required. Hearings shall in that case take place in Las Vegas, Nevada, United States of America.

 

14.   CHANGES TO THIS EULA

14.1 We may modify this EULA as and when we consider it appropriate or necessary for legal reasons or to reflect changes in the Game. If so, then we will make the revised EULA available here.

You should print a copy of this EULA for future reference.