Terms and Conditions

HUBSTREAM INTELLIGENCE FABRIC TERMS OF USE

Hubstream Intelligence Fabric is a secure hosted cloud service that allows disparate organizations to store, share, and process data, materials, and files (“Services”). It uses hi-tech encryption techniques to bridge the gaps between different organizations' infrastructure, enabling groups to work seamlessly together despite technical boundaries.

Please read these terms of service (these "Terms") carefully as they form a contract between you and the Hubstream Inc. ("Hubstream", "we", "us", or "our") that governs your access to and use of our Services.

By registering or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing to Hubstream that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will also refer to that organization). You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Hubstream and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact support@hubstream.net

Please note that Hubstream doesn't provide warranties for the Services. This contract also limits our liability to you. See Sections ___ (NO WARRANTY) and ____ (LIMITATION OF LIABILITY) of these Terms for details.

1. Changes to the Terms

• We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the Hubstream website. Any changes will be effective upon posting the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you through the Service. Notice of other changes may be provided via updates to www.hubstream.net (the “Site”). We encourage you to review any changes to the Terms and continue use of the Services only if you agree with them. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Service.

2. Your Account

The Administrator Account: If you have an administrator account, you are responsible for providing access to other users in you Tenant (defined below), administering the use of those accounts and Hubstream Services. A Tenant is a self-contained database managed and operated by an Administrator. Once designated, an Administrator does not change unless the organization designated as Administrator by Hubstream contacts Hubstream to remove itself as an Administrator.If you have an Administrator Account, you agree to

1. Not share your User ID, Password, and other account credentials with a third party;
2. Only provide user credentials and access to the Services to users after conducting verifying their identity and the organizations they represent;
3. Not provide access to Services to unauthorized individuals or organizations;
4. Comply with Section 4 of this Agreement.

As an Administrator, you are liable for the user credentials generated by you, as well as maintaining their confidentiality and integrity. Hubstream shall have no liability regarding the user credentials generated by the Administrator.

The User Account:

An Administrator provides access to other users by providing credentials- username, password, and a certificate. Your User Account allows you to upload, share, and download relevant Content (as defined below) with other registered users.    

 

1. Only you may use your Hubstream account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. Hubstream will not be liable for any loss or damage arising from any unauthorized use of your accounts.
2. If you have a User Account, you are responsible for maintaining the confidentiality of your User ID, Password and Account. You agree that you will not authorize and/or permit others to use your User Account. Although we have no obligations arising from unauthorized use of your User Account, you should immediately notify us through our customer service contact information if there’s any unauthorized use of your User ID, Password or Account. 

3. Content

The Hubstream Service allows storage, sharing, and processing of only specific types of data- this includes image hashes or signatures, and image metadata such as file names and categories related to it (“Content”). Except for material that we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the Content that you and others make available on the Service.

Once you upload Content on your account, it is automatically shared with the other registered users in your Tenant. You represent and warrant that: (a) you have all the rights to upload and share the Content necessary for you to use the Service and to grant the rights in this Section; (b) you have the authority to upload and share the Content and (c) the storage, use or transmission of the Content doesn't violate any law or these Terms.

You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content,; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Hubstream will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

You must immediately notify Hubstream in writing of any unauthorized use of: (a) any Content (b) any account; or (c) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Hubstream with such cooperation and assistance related to any such unauthorized use as Hubstream may reasonably request.

You hereby grant Hubstream and its contractors the right to transmit, use and disclose Content posted on the Service solely to the extent necessary to provide the Service, as otherwise permitted by these Terms, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which Hubstream believes in good faith requires Hubstream to disclose information to assist in preventing the death or serious bodily injury of any person.

4. Import and Export Regulations

The Service, including any software, Content, documentation and any related technical data included with, or contained in, such Service, and any products utilizing any such Service, software, documentation or technical data, and any Content (collectively, "Regulated Products") may be subject to international export and import control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. An Administrator shall not, and shall not permit any Users and third parties to, directly or indirectly, export, re-export or release any Regulated Products to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any Regulated Products is prohibited by applicable federal or foreign law, regulation or rule. Administrator shall be responsible for any breach of this Section IV by its, and its successors' and permitted assigns', Users, affiliates, employees, officers, directors, agents, and vendors.  You shall comply with all applicable federal and foreign laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting or releasing any Regulated Products.

5. Suspension and Termination

We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Hubstream to have legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in Hubstream's determination, the suspension might be indefinite and/or Hubstream has elected to terminate your access to the Service, Hubstream will use commercially reasonable efforts to notify you through the Service and/or by email to the email address associated with your account. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service. Upon termination by Hubstream, for reasons other than cause, you may request access to your Content, which we will make available for an additional fee. You must make such request with thirty (30) days following termination. Otherwise, any Content you have stored with the Service will not be retrievable, and we will have no obligation to maintain any data stored in your account. 

6. Acceptable Use       

You represent that you will not and will not encourage or assist any third party to:

 

1. modify, alter, tamper with, repair or otherwise create derivative works of any Software;
2. Reverse engineer, disassemble or decompile the software used to provide or access the Service, including any Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
3. use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service ("Policies");
4. sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
5. remove, obscure or alter any proprietary rights notice pertaining to the Service;
6. access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
7. use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
8. interfere with or disrupt servers or networks used by Hubstream to provide the Service or used by other users to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any Software or the Service;
9. damage, disable, overburden, or impair the Service;
10. use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities;
11. any automated process or Service (such as a bot, a spider, or periodic caching of information to access or use the Service
12. access or attempt to access Hubstream's other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
13. cause, in Hubstream's sole discretion, inordinate burden on the Service or Hubstream's system resources or capacity; or
14. share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.Hubstream reserves the right, in its sole discretion, to deactivate, change and/or require you to change your Hubstream user ID you may obtain through the Services for any reason or for no reason. Hubstream may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content. 

7. Updates

Hubstream reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

8. Hubstream Proprietary Rights

As between Hubstream and you, Hubstream or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Hubstream.

9. Privacy

 In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located at /articles/216286348 ("Privacy Policy"). You further acknowledge and agree that we may access or disclose information about you, including the Content, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Hubstream or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Hubstream employees, customers, or the public.

We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms.

10. NO WARRANTY

 HUBSTREAM PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUBSTREAM MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. INDEMNIFICATION

To the extent permitted by law, You will defend Hubstream against any cost, loss, damage, or other liability arising from any third party demand or claim regarding any Content provided by you, or your use of the Service that violates applicable law or these Terms. Hubstream will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUBSTREAM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF HUBSTREAM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF HUBSTREAM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

13. NOTICES

We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Service. You may provide legal noticed to us via email to support@Hubstream.net, with a duplicate copy sent via registered mail, return receipt requested, to the following address: Hubstream, 14725 NE 20^th St., Suite D44, Bellevue, WA 980073732. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

17. MISCELLANEOUS

17.1. Severability; Entire Agreement

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

17.2. Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

17.3. Independent Contractors; No third-party beneficiaries

Hubstream and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

17.4. Waiver

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

17.5. Government Use

If you are a U.S. government entity, you acknowledge that any Software and User Guides that are provided are "Commercial Items" as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

17.6 Choice of Law and Venue. 

All disputes will be handled in King County, WA. Any claim, dispute, suit, matter, or controversy arising out of or relating to our Services and/or these Terms of Use will be construed and governed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. You agree that claims, disputes, cause of actions, and proceedings against Hubstream must commence within one year of when the cause of action arises and shall be submitted exclusively to the jurisdiction of a state or federal court located in King County, WA.  You hereby waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens. You acknowledge and agree that this provision is not intended to, in any manner, limit or negate the force or effect of the immediately subsequent provision entitled “Arbitration of Claims.”

17.7 Arbitration of Claims.

Arbitration is a great way to avoid a protracted legal dispute. Any claim, dispute, suit, matter, or controversy arising out of or relating to our Services and/or these Terms of use may – at the election of either party – be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association and before a sole arbitrator in King County, Washington. Under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

INTELLECTUAL PROPERTY NOTICES

All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © Hubstream, and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.

Hubstream and the Hubstream logo are including without limitation, either trademarks, service marks or registered trademarks of Hubstream, Inc., and may not be copied, imitated, or used, in whole or in part, without Hubstream's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Hubstream may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.