Thank you for using Streak!
These Terms of Service (“Terms”) are a binding legal agreement between you and Streak that govern your right to use the websites, applications, and other offerings from Streak (collectively, the “Streak Platform”). When used in these Terms, “Streak,” “we,” “us,” or “our” refers to Streak LLC.
The Streak Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book events. Members who publish and offer services are “Hosts” and Members who search for, attend, or use services are “attendees.” Hosts offer venues (“venues”), activities, excursions, and events (“Experiences”), and a variety of entertainment and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Streak platform, and must keep your account information accurate. As the provider of the Streak platform, Streak does not own, control, offer or manage any Listings or Host Services. Streak is not a party to the contracts entered into directly between Hosts and attendees, nor is Streak an event organizer, planner, or insurer. Streak is not acting as an agent in any capacity for any Member.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
By using our platform, you consent to receiving verification codes for the sole purpose of accessing your account or creating an account.
1. Our Mission.
Our mission is to create a world where you can party and drink anywhere. From bars to house party’s tons of events are always around to be discovered. Learn more about a Listing by reviewing the description and photos, the Host profile, and the attendee list.
2. Searching and Attending Parties on Streak: The Party App.
2.1 Searching. You can search for Host Services by using criteria like the event name, user-name, or the location. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like location and time.
2.4 Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any event, Experience or other Host Service. For example, this means: (i) you are responsible for leaving a venue (and related personal or business property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a venue, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are attending with an additional attendee who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Streak platform and any Content including your attendance at any venue, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
Host Terms
5. Hosting on Streak: The Party App.
5.1 Host. As a Host, Streak offers you the right to use the Streak Platform to share your Venue, Experience, or other Host Service with our community of attendees - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
5.3 Independence of Hosts. Your relationship with Streak is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Streak. Streak does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The Streak: The Party App Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, such as any rules or requirements that apply to your attendees or Listing. You are responsible for keeping your Listing information (including date, time, and location) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per venue, but may have multiple Listings for a single property if it has multiple places to host.
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible establishing rules and requirements for your Listing.
6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Streak Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Streak Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Streak.
19. Limitations on Liability.
Neither Streak nor any other party involved in creating, producing, or delivering the Streak Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Streak Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Streak Platform, or (iv) publishing or attending a venue, event, experience, etc., including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Streak has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
These limitations of liability and damages are fundamental elements of the agreement between you and Streak. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Streak’s option), indemnify, and hold Streak harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature)
(ii) your improper use of the Streak Platform, (iii) your interaction with any Member, attendance at a venue, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
10. Content.
Parts of the Streak Platform enable you to provide, text, photos, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Streak a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Streak pays for the creation of Content or facilitates its creation, Streak: The Party App may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Streak the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Streak: The Party App does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
• Act with integrity and treat others with respect
• Do not lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when you communicate or interact with others.
• Do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the Streak Platform
• Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Streak Platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Streak Platform or Content.
• Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Streak Platform.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Streak Platform.
• Only use the Streak Platform as authorized by these Terms or another agreement with us
• You may use Content made available through the Streak Platform solely as necessary to enable your use of the Streak Platform as a Guest or Host.
• Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after attendance, unless authorized by Streak.
• Do not engage in any practices that are intended to manipulate our search algorithm.
• Do not use, copy, display, mirror or frame the Streak Platform, any Content, any Streak branding, or any page layout or design without our consent.
• Honor your legal obligations
• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy
• Read and follow our Terms, Additional Legal Terms
• Do not use the name, logo, branding, or trademarks of Streak or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Streak branding.
• Do not offer Host Services that violate the laws or agreements that apply to you.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Streak. In addition, if you believe that a Member, Listing or Content has violated our Standards you should report your concerns to Streak. If you reported an issue to local authorities, Streak may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
17. Member Accounts.
You must register an account to access and use many features of the Streak Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Streak Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Streak if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
23.10 Jury Trial Waiver. You and Streak acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings. You and Streak acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
27.7 Google Terms. Some translations on the Streak Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Streak Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
27.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
27.9 Streak Platform Content. Content made available through the Streak Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Streak and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Streak Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Streak grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Streak Platform and accessible to you, solely for your personal and non-commercial use.