Indemnification Policy

Indemnification Policy

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Definitions

For this Indemnification Policy, the following terms shall have the meanings set forth below:

"Company": Refers to Streamers Host, its directors, officers, employees, agents, and affiliates.

"Client": Any individual or entity using the Company's game-hosting services.

"Claim": Any claim, demand, lawsuit, or other legal action made by a third party.

"Losses": All losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable attorneys' fees, and expenses.

"Services": The game-hosting and related services provided by the Company.

"Data": Any information, including personal data, submitted by the Client or their users to the Company as part of the Services.

"Confidential Information": Any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects.

"Breach": Any failure to comply with any provision, obligation, or warranty outlined in this policy, the Terms of Service, or any other related agreement.

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Indemnification by Client

The Client agrees to indemnify, defend, and hold harmless the Company from and against any Claims and Losses arising out of or related to:

Use of Services: The Client's use of the Services, including any content or data transmitted, stored, or otherwise processed through the Services, whether such use is authorized or unauthorized.

Breach of Policy: Any breach of this policy, the Company's Terms of Service, or any other applicable agreement or policy by the Client, whether intentional or unintentional.

Legal Violations: Any violation of applicable laws or regulations by the Client, including but not limited to data protection, intellectual property, and privacy laws.

Intellectual Property: Any claim that the content or data submitted by the Client, or their users infringes any intellectual property rights, defames any person or entity, or violates any privacy rights.

User Conduct: Actions of any user authorized by the Client to access the Services, including any misconduct or illegal activities.

Data Misuse: Any misuse or unauthorized use of the Data by the Client or their users, including breaches of confidentiality or security.

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Indemnification by Company

The Company agrees to indemnify, defend, and hold harmless the Client from and against any Claims and Losses arising out of or related to:

 Breach of Policy: Any breach of this policy, the Company's Terms of Service, or any other applicable agreement or policy by the Company, whether intentional or unintentional.

 Legal Violations: Any violation of applicable laws or regulations by the Company, including but not limited to data protection, intellectual property, and privacy laws.

 Intellectual Property: Any claim alleging that the Services, excluding any Client-provided content or modifications, infringe upon any intellectual property rights of a third party.

Data Breach: Any unauthorized access to or disclosure of Client data resulting from the Company's failure to implement reasonable security measures, provided such breach is not attributable to Client's actions or omissions.

Gross Negligence or Willful Misconduct: Any claims arising from the gross negligence or willful misconduct of the Company or its employees.

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Notification and Defense of Claims

Notification: Each party shall promptly notify the other party in writing of any Claim for which it seeks indemnification under this policy. Failure to provide timely notice shall not affect the indemnifying party's obligations, except to the extent that the indemnifying party's ability to defend the Claim is materially prejudiced by such delay.

Defense: The indemnifying party shall have the right to control the defense and settlement of any Claim, provided that the indemnifying party shall not settle any Claim in a manner that imposes any liability or obligation on the indemnified party without the indemnified party's prior written consent, which shall not be unreasonably withheld or delayed.

Cooperation: The indemnified party shall reasonably cooperate with the indemnifying party in the defense of any Claim, including providing access to relevant documents, information, and personnel.

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Limitation of Liability

 Indirect Damages: The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use of the Services, even if the Company has been advised of the possibility of such damages.

Cap on Liability: The Company's total liability to the Client for any claim arising out of or related to the Services shall not exceed the amount paid by the Client to the Company for the Services in the twelve (12) months preceding the claim. This limitation applies regardless of the form or source of the claim, or the damages sought.

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Data Protection

 Client Responsibilities:

 Compliance: The Client is responsible for ensuring that any data they transmit or store using the Services complies with all applicable data protection laws and regulations, including obtaining all necessary consents.

 Security Measures: The Client shall implement appropriate technical and organizational measures to protect any personal data processed using the Services against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

 Notification of Breach: The Client must promptly notify the Company of any suspected or actual data breaches involving the Services and cooperate fully with the Company in mitigating any resulting damages.

Company Responsibilities:

 Security Safeguards: The Company shall implement and maintain reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Client data. These measures shall be designed to provide a level of security appropriate to the risk of processing personal data.

 Data Breach Notification: The Company shall promptly notify the Client of any unauthorized access to or disclosure of Client data, including providing all necessary information to allow the Client to comply with their own legal and regulatory obligations.

 Data Processing: The Company shall process Client data only in accordance with the Client's instructions and applicable data protection laws and shall not use or disclose Client data for any purpose other than providing the Services.

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Confidentiality

Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed by the other party in connection with the Services. This includes, but is not limited to, business plans, technical data, product ideas, and other information that is either marked as confidential or should reasonably be understood to be confidential.

 Use and Disclosure: Confidential information shall not be used for any purpose other than as necessary to perform the Services and shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or regulation.

 Protection Measures: Both parties shall take all reasonable measures to protect the confidentiality of the other party's Confidential Information, which shall be no less than the measures taken to protect their Confidential Information.

Exceptions: Confidential information does not include information that:

It is or becomes publicly known through no breach of this policy.

It is received from a third party without breach of any obligation of confidentiality.

The receiving party independently developed it without the use of or reference to the party’s disclosing confidential information.

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Governing Law

This Indemnification Policy shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of law principles. Any disputes arising under or in connection with this policy shall be subject to the exclusive jurisdiction of the courts located in New York.

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Amendments

The Company reserves the right to amend this Indemnification Policy at any time. The Client will be notified of any material changes to this policy at least thirty (30) days prior to the changes taking effect. Continued use of the Services after such notification constitutes acceptance of the amended policy.

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Severability

If any provision of this Indemnification Policy is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified so as to be enforceable to the maximum extent permissible under applicable law.

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Entire Agreement

This Indemnification Policy, along with the Company's Terms of Service, constitutes the entire agreement between the Company and the Client regarding indemnification and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. Any modifications or amendments to this policy must be in writing and signed by both parties.

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Dispute Resolution

 Mediation: In the event of any dispute arising under this policy, the parties agree to first attempt to resolve the dispute through mediation administered by a mutually agreed mediator, before resorting to litigation.

 Arbitration: If mediation fails, any dispute arising out of or in connection with this policy shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association.

 Costs: Each party shall bear its own costs and arbitration, and the parties shall equally share the costs of the arbitrator and the arbitration proceedings.

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Notices

All notices required or permitted under this Indemnification Policy shall be in writing and shall be deemed received (a) when delivered personally; (b) three business days after being sent by certified mail, return receipt requested; or (c) one business day after deposit with a recognized overnight delivery service. Notices shall be sent to the addresses provided by each party for such purposes.

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Waiver

This waiver shall be made legal through the Client's acceptance of our Terms of Service and the usage of our Services. Any Services provided by the Company to the Client after the legal purchase of the Company’s Services shall also make this legally binding.