A. NO MINORS

WE STRICTLY PROHIBIT AND HAVE ZERO TOLERANCE FOR ANY PERSON UNDER 18 YEARS OF AGE ACCESSING, USING, OR IN ANY WAY WHATSOEVER HAVING ANY INVOLVEMENT WITH OUR WEBSITE. Our website is for adults only. IF YOU ARE UNDER 18 YEARS OF AGE OR BELOW THE AGE OF MAJORITY IN ANY PLACE WHERE YOU LIVE OR VIEW OUR WEBSITE, YOU MUST IMMEDIATELY LEAVE OUR WEBSITE NOW. We regularly cooperate with any and all law enforcement agencies. We will not hesitate when appropriate to refer violations of these requirements to the appropriate law enforcement agencies. If you have any knowledge of any actual or possible violation of these requirements, we request and strongly encourage you to report any and all such knowledge directly to us by clicking here. If you in any way violate these requirements, you will be blocked by us from in any way using our website in the future. See further discussion below in Section D and elsewhere in these Terms and Conditions.

B. NO PROSTITUTION OR SEX TRAFFICKING

WE STRICTLY PROHIBIT AND HAVE ZERO TOLERANCE FOR OUR SERVICES BEING USED IN ANY WAY WHATSOEVER TO ENGAGE IN, PARTICIPATE IN, ASSIST, SUPPORT, OR FACILITATE ANY ACT OF PROSTITUTION, SEX TRAFFICKING OF CHILDREN, OR SEX TRAFFICKING BY FORCE, FRAUD, OR COERCION.  Any violation of these prohibitions will result in immediate cancellation of your account with us and you will be blocked from ever using our Services in the future. We will cooperate fully with any criminal investigation by any law enforcement agency of any type.

C. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOU ARE BOUND BY THEM. These Terms and Conditions are at times referred to herein as “this Agreement.”

Our website is an interactive computer service. By visiting our website or by using any service, product, software or other aspect of our website (which together are referred to herein as “our Services”), you are agreeing to be bound by all provisions stated in these Terms and Conditions and all provisions stated in our Privacy Notice. By using our Services, you are entering into a binding agreement between you and ICF Tech EU B.V., a Netherlands company. As used in these Terms and Conditions, the words “Streamate,” “we,” “us,” or “our” refer to ICF Tech EU B.V. You are referred to in these Terms and Conditions as “you,” “your.” Any reference in this Agreement to “our website” or “Streamate’s website” refers to this StreamateModels website and any other website owned by or affiliated with Streamate. If you do not agree to be bound by these Terms and Conditions, then you must leave our website now and not use our Services.

We may, in our sole discretion, amend or change these Terms and Conditions and our Privacy Notice at any time. You agree to be bound by any such amendments or changes. You should periodically review the most up-to-date versions of these Terms and Conditions and our Privacy Notice.

D. NO ACCESS BY MINORS AND NO EXPLOITATION OF CHILDREN

As stated above in Section A and elsewhere in these Terms and Conditions, in order to use, access, or have any involvement of any type whatsoever with our website, you must be at least 18 years old and the age of majority in any place you live or view our website. If you are not 18 years old and the age of majority in any place you live or view our website, you must immediately leave our website now and not access or use our website in the future.

If you are aware or have any knowledge whatsoever of any actions which are or may be a violation of any of these requirements or any action which would in any way relate to the actual or possible sexual exploitation of children, we encourage and strongly request you report any such knowledge directly to us at terms@streamate.com. We will not hesitate when appropriate to report these actions or facts to the appropriate law enforcement agencies. In addition, any person engaging in any type of the prohibited conduct discussed above or elsewhere in these Terms and Conditions will be blocked by us from ever using Streamate’s website in the future. If you engage in any such prohibited conduct, the user’s account will be closed and the user will be blocked from opening another account at any time in the future.

E. PROMOTIONAL EMAILS

We may send promotional or marketing emails to you if you have registered with us. If you receive any such email, you will be given the opportunity to unsubscribe from future emails by following the instructions in the email. If you otherwise have any issues concerning any email you receive from us, please contact us by clicking here.

Some of our trusted partners may email a registered user to present special offers. However, we do not allow spam or illegal or misleading emails relating to our site. Please contact us by clicking here if you receive any such spam or misleading emails in any way related to our website. If we become aware of any such email, we will take appropriate disciplinary or corrective action. Our disciplinary or corrective action may include termination of services, expulsion from our website, forfeiture of payments, and others.

F. MOBILE PHONE NUMBERS

If you have provided us your mobile phone number, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us with your wireless operator account profile information for the duration of the business relationship. See our Privacy Notice for how we treat your data. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.

G. DISCLAIMERS

YOU AGREE YOUR USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, RELATED COMPANIES, AGENTS, AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE OF OUR SERVICES (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHERS). OUR SERVICES ARE PROVIDED ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT GUARANTEE THAT A USER WILL BE ABLE TO ACCESS OUR SERVICES AT A TIME OR LOCATION OF USER’S CHOOSING.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR APPEARING ON OUR WEBSITE IN ANY ADVERTISING OR OTHERWISE. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

H. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY LIABILITY TO YOU OF ANY TYPE WHATSOEVER. IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, OWNERS, DIRECTORS, EMPLOYEES, PARENT COMPANY, RELATED COMPANIES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM: (1) ANY ERRORS, MISTAKES, OR ACTIONS BY US IN ANY WAY RELATED TO YOUR USE OF OUR SERVICES OR OUR WEBSITE; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF OUR SERVICES OR ACCESS TO OUR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVERS; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER OF ANY TYPE IN ANY WAY RELATED TO OUR SERVICES INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE RELATED IN ANY WAY TO OUR SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.

I. INDEMNIFICATION

You agree to indemnify, hold harmless and defend us and our officers, managers, owners, shareholders, directors, employees, parent company, related companies, agents, and other representatives from and against any and all lawsuits, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) in any way related to or arising from: (1) your use of and access to our Services or use of your account by any other person; (2) your violation of any term of these Terms and Conditions; (3) your violation of any third-party right, including without limitation any copyright, trademark, patent, other intellectual property right, privacy right, or any other right; (4) any claim that your Content caused damage to a third party; or (5) any action by you which is negligent, tortious or otherwise wrongful. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and Conditions and your use of our Services.

J. GOVERNING LAW; VENUE; NO JURY TRIAL

These Terms and Conditions and this Agreement shall be governed by and construed exclusively in accordance with the internal laws of the State of Washington, USA, without giving effect to Washington’s principles of conflicts of law.  Applicant may be subject to other local, state, and national laws.  As an applicant located in the European Union, the exclusive jurisdiction and forum for any legal action or proceeding with respect to these Terms and Conditions and this Agreement or any issues related thereto is a court located in Amsterdam, Netherlands.

The parties to this Agreement agree that each party hereby waives any right to a jury trial. Thus, in the event any lawsuit is ever filed by any party relating to this Agreement or the subject matters hereto, the court will be the trier of fact in any such lawsuit and there will be no jury in any such lawsuit.

K. GENERAL PROVISIONS

These Terms and Conditions shall constitute the entire agreement between you and us, superseding any prior agreements, writings, or communications between you and us with respect to the subject matters discussed in these Terms and Conditions. If any part or portion of these Terms and Conditions is held invalid or unenforceable, that part or portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and portions shall remain in full force and effect.

No failure by us to enforce or seek remedies for violations of any term or provision contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision in any way.

You also agree and accept that as we make available any new products on or through our website, your use of these products is subject to these Terms and Conditions. In addition to Content and services provided by us, our affiliates, and independent content providers, other entities may offer Content, software, or other services to users with their own terms and conditions and usage policies relating to your use. Failure to abide by those terms and conditions may result in termination of your use of our website.

As stated above, we reserve the right to amend or change these Terms and Conditions and this Agreement at any time and without direct notice to you. Any such amendment or change will occur by us placing the amended version of this Agreement on this website. You should periodically review this website to see if we have amended this Agreement in any way. The last date that this Agreement has been amended is prominently stated below. Your use of our Services following any such amendments will signify your assent to and acceptance of any such amendments.

Last Amended: May 21, 2021