Terms of Service
Streemfire Terms of Service
December 1st, 2015
Description and Ownership of the Service.
The following Terms and Conditions govern all use of the Streemfire Service (the Service) and all content, services and products available at or through the website.
The Streemfire Service comprises products, computer programs, widgets, data storage facilities, services and web sites hosted or made available by Streemfire, which you may use for uploading, storing, encoding, managing, transmitting, streaming legally acquired or owned content on multiple computer and network platforms, now known or hereafter developed.
“Content” includes all digital media like text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service is owned and operated by VJU iTV Development GmbH and its licensors.
Applicability of Terms of Service.
These Terms and Conditions apply to all users of the Service, including users who are also contributors of Content on or through the Service.
This Service may extend or change from time to time.
Unless explicitly stated otherwise, any change or extension of the Service, shall be subject to these Terms and Conditions.
VJU may enter into separate agreements or Terms and Conditions in regard of the Service.
Such separate agreement will supersede these Terms and Conditions.
VJU may offer the entire Service or certain services from time to time on third-party websites, which are governed by terms of service of their own.
Where the Streemfire Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to the Streemfire Terms and Conditions.
Please read this Agreement carefully before accessing or using the Service.
You may wish to save a copy of these Terms of Service for your records.
By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.
If these terms and conditions are considered an offer by VJU, acceptance is expressly limited to these terms.
Only legal persons and natural persons of legal age can enter this agreement.
You must be at least 14 years of age to agree to and enter into this agreement on your own behalf and to register for use of the Service.
If you are under 18 but at least 14 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
If you are under 14 years of age, you are not allowed to use the Service and parents of legal guardians cannot enter into this agreement on your behalf.
The use of the Service is always based on the request of a Streemfire account.
If you create an account on the Service, you will be provided with a username and password to access or use the Service.
You agree to provide true, accurate, current and complete contact and identification information about yourself as prompted by the Service's registration form, and to maintain these data accurate, current and complete.
If you provide inaccurate, not current or incomplete information, VJU has the right to suspend or terminate your account.
Accounts registered by "bots" or other automated methods are not permitted.
Fees and Paid Accounts.
The Service is offered in different pricing plans; please refer to the price list for the current Paid Account models. VJU offers pricing plans with different amounts of storage capacity, uploads and viewing times.
You sign up for a pricing plan of your choice.
By selecting a pricing plan you agree to pay VJU the respective fees indicated for that pricing plan in exchange for the features listed at the description of the Service.
Applicable fees will be invoiced and payments will be charged on the day you sign up for a pricing plan and in advance of using the Service with your paid account and will cover the use of that service for the respective plan as indicated.
You can change your pricing plan anytime.
The changed pricing plan starts the day you switch.
You have to pay the full fee for the new pricing plan on the day you switch without any refunds or deductions for unconsumed features of your previous pricing plan.
Once the amount of storage capacity, uploads or viewing time as granted according to your chosen pricing plan is consumed, you can renew your account with the same or a different pricing plan at your own discretion and a new fee is invoiced.
Free accounts renew monthly.
VJU reserves the right to change the payment terms, fees and Service features at any time.
Responsibilities under a Streemfire Account.
You are responsible for keeping your account information confidential.
You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is created, transmitted, stored or displayed by anyone using your account information with the Service and for any consequences arising as a result thereof.
You agree to immediately notify VJU of any unauthorized use of your account information, your account or any other breach of security.
If you believe someone has accessed the Service using your credentials without your authorization, it is your responsibility to set up a new password or contact VJU’s customer services department to delete your account.
VJU cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You are solely responsible for obtaining the computing equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
You acknowledge and agree that all content transmitted or stored using the Service, are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service.
You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any Separate Agreements, and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology).
You agree to comply with all local laws and rules regarding acceptable use of and conduct on the Internet.
Without limiting the foregoing, you shall be deemed to represent and warrant to VJU that you have the unfettered legal rights and authority to permit you to submit your Content to Streemfire in connection with your use of the Service, and such submission and the grant to VJU of the rights you grant herein in connection with VJU’s offering and operation of the Service does not infringe the rights of any person or third party.
You further agree to not:
(a) use the Service for illegal purposes or for promotion of dangerous activities;
(b) upload, store or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, store or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, store or transmit any illegal Content, in particular Content, that violates legal prohibitions, including, but not limited to Content of pornographic, abusive, offensive, racist, xenophobic, derogatory, especially sexually derogatory, blasphemous, discriminatory, discrediting, politically extremist or otherwise objectionable nature. The establishment of links to prohibited content is also prohibited content.
(e) upload, store or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) engage in commercial activities within the Service or on behalf of VJU without prior approval;
(g) exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person’s entries or other content when you have not been granted the right to do so;
(h) access (or attempt to access) any of the Service by any means other than through the interface that is provided by VJU (unless you have been specifically allowed to do so in a separate agreement), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or;
(i) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service unless you have been specifically allowed to do so in a separate agreement;(j) reverse engineer, decompile, or disassemble any Software provided by VJU.
VJU reserves the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any content available with the Service, without obligation to any person.
You understand that, notwithstanding these Terms of Service, you may be exposed to offensive, indecent or objectionable Content when using the Service, and, accordingly, you use the Service at your own risk.
Contributions through User Feedback.
By submitting to VJU any ideas, suggestions, documents and/or proposals through the “Contact Us” interface or otherwise (collectively, “Contributions”), you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) VJU is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) VJU shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) VJU may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of VJU without any obligation of VJU to you; and
(f) you are not entitled to any accounting, compensation or reimbursement of any kind from VJU under any circumstances.
Rights to use the Service.
Subject to the terms and conditions within these Terms of Service, VJU grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to utilize the Service.
Publishers of Content retain their rights to any Content they upload, store or transmit on or through the Service.
As a publisher of Content you grant VJU by uploading, storing or transmitting Content on or through the Service, a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to store, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content, solely for the purpose of the Service, in any and all media or distribution methods (now known or later developed).
If you delete Content, VJU will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
As a Subscriber of the Services, VJU grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to stream, view, display, perform, distribute the Content solely in connection with your use of, and in accordance with the functionality and restrictions of the Service.
YouTube Terms of Service
The free Streemfire version is played out via YouTube live streaming.
In addition to VJU and Streemfire Terms of Service as the publisher of content you have to follow the YouTube Terms of Service if the playout is streamed over the YouTube platform. The current YouTube Terms of Service can be found at https://www.youtube.com/static?template=terms
Furthermore the Terms of Service of YouTube live streaming are applicable as stated:
These terms regarding live streaming (the "Terms") are for you, the content provider that has contracted with Google ("You"), through the Content License Agreement, Content Hosting Services Agreement, Sound Recording and Audiovisual Agreement, Channel Distribution Agreement and/or the YouTube Terms of Service (any of which are referred to below as the "Agreement"). Through the live streaming account feature, You may live stream content (the "Live Content") through Your YouTube channel and You may be provided with the option of archiving the Live Content for subsequent viewing (the "Archived Content"). The Live Content must comply with the YouTube Community Guidelines. Notwithstanding anything to the contrary in the Agreement, You represent and warrant that You have all necessary rights for the exploitation of the Live Content on the Google Services throughout the world, including, without limitation, music licensing rights from artists, record labels, publishers (including public performance licenses) and any other royalty participants. You agree to comply with all applicable laws, rules and regulations regarding the Live Content. The Live Content and the Archived Content, if any, will constitute "Provider Content," "Original Channel Content," or "Your Content" as applicable, pursuant to your Agreement with Google and are subject to the terms of that Agreement. Provider warrants and represents that it has satisfied all regulatory requirements in the Live Stream Territory, including without limitation all licensing, registration or notification requirements, and will maintain such licenses (including any broadcast licenses), registrations, consents, notifications or approvals for the duration of the Live Stream Term.
VJU uses a technology called “cookies” as part of its normal business procedure to enhance the user experience and to track patterns of behaviour of visitors to the Services.
A cookie is an element of data that a website sends to your browser that is then stored on your system.
You can set your browser to prevent this happening.
Any information collected in this way can be used to identify you unless you change your browser settings.
VJU uses third party vendors like Google to analyze the usage of the VJU Service.
These third parties collect information, including but not limited to the placement of cookies, about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages.
These cookies don’t collect information that identifies a visitor.
All information these cookies collect is aggregated and therefore anonymous.
It is only used to improve how a website works.
By using the Service, you agree that VJU or third parties used by VJU can place these types of cookies on your device.
Proprietary Rights, Licenses and Limitations.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of VJU and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Republic of Austria and foreign countries.
Nothing in the Terms gives you a right to use the VJU name or any of the VJU intellectual property rights, trademarks, logos, domain names, and other distinctive brand features, except for the limited license rights specifically granted to you in these Terms of Service.
Except for the limited license and other rights granted in these Terms of Service, you retain all of the rights you had in your Content before you submitted it.
Unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent.
Other Intellectual Property Rights.
VJU respects the intellectual property of others.
In the event that VJU becomes aware that Content published on or through the Streemfire Service has been provided by a person who is not a valid rights holder, VJU may at its discretion, take down, disable and/or terminate the publication of such Content.
If you are a copyright owner or an agent thereof and believe that your work has been used or published in the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide VJU with a formal written notice in accordance with the procedure herein and containing the following information in English language:
(a) You must clearly identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site);
(b) You must clearly identify the material that is infringing your copyright and that is to be removed or access to which is to be disabled by VJU.
You also need to provide information reasonably sufficient to permit VJU to locate the infringing material (for example, the URL of web page on which the material appears. It is very useful to also include a screenshot of the infringing material online).
(c) You must state your full contact info, including full name, address, telephone number and e-mail address
(d) You must state that you have the right to proceed because you are the copyright owner or the copyright owner’s agent.
Send the written communication to:
Email: office AT vju.tv
Regular mail: VJU iTV Development GmbH
attn: Compliance Manager
Salesianergasse 4/4, 1030 Vienna, Austria
VJU retains the right, at its sole discretion, to implement limits to the nature or size of storage available to you, the nature or number of content uploads and to your continued ability to access or distribute Content, and impose other limitations at any time, with or without notice.
You acknowledge that a variety of VJU actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and you agree that VJU has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
You understand and agree that VJU, in performing the required technical steps to provide the Service to ist users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Modifications of the Service.
VJU reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
In connection with any modification of the Service, VJU may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit VJU to deliver these to you (and you to receive them) as part of your use of the Service.
You may discontinue the use of the Service at any time, with and without cause and with or without notice.
VJU may also terminate the Service, or your access to or use of the Service or your account, with or without notice.
Reasons for VJU terminating your account or the Service include, without limitation:
(a) breach or violation of these Terms of Service or any Separate Agreement,
(b) your request or self-effecting account deletion,
(c) an extended period of inactivity (determined in Streemfire´s sole discretion),
(d) your nonpayment of any fees or other sums due to Streemfire or any other party related to your use of the Service,
(e) requests by law enforcement or other government agencies,
(f) the discontinuance or material modification to the Service (or any part thereof), or
(g) unexpected technical or security issues or problems.
VJU can terminate the Service for all Accounts as part of a general shut down of the Service. If this occurs, it will be announced in advance.
In the event of any termination, VJU will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.
Advertisements and Links.
The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter.
You hereby agree that VJU may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service.
The Streemfire Service may contain links to websites operated by other parties.
VJU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
By using the Service, you expressly relieve VJU from any and all liability arising from your use of any third-party website.
To the extent permitted by applicable law you agree to indemnify and hold VJU and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from and against any breach by you of these terms and conditions and any claim or demand brought against VJU by any third party arising out of your use of the Service and/or any content submitted, posted or transmitted on or through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by VJU in consequence of your breach of these terms and conditions.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STREEMFIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) STREEMFIRE DOES NOT WARRANT THAT
(i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREEMFIRE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STREEMFIRE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF STREEMFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SERVICE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(c) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE;
(e) STREEMFIRE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
(f) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION;
(g) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE;
(h) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE;
(i) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR
(j) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND STREEMFIRES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that VJU may communicate with you electronically.
VJU may provide notices to you by posting them on their website, or by sending them to an email address or street address that you previously provided to us.
Except where these Terms of Service or any Separate Agreement specifically provide for use of a different means or address for notice, any notice hereunder to VJU must be delivered by email to compliance AT streemfire.com.
This email address may be updated as part of any update to these Terms of Service.
This Agreement, as modified from time to time, constitutes the entire and exclusive agreement between you and VJU with respect to the subject matter hereof.
This Agreement replaces all prior agreements, written or oral, regarding the subject matter hereof.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement is not assignable, transferable, or sub licensable by you except with VJU´s prior written consent.
VJU may assign this Agreement in whole or in part at any time without your consent.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind VJU in any respect whatsoever.
VJU reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not VJU provides you any other notice of such changes.
VJU will indicate the effective date of each update at the top of the Terms of Service.
These Terms and any action related thereto will be governed by the laws of the Republic of Austria without regard to or application of its conflict of law provisions or your state or country of residence.
We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction.
Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
We may limit the Service´s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
By using the Site and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, such as the United States, which may provide a level of data security different from your country of residence.