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SECTION 1: DESCRIPTION OF THE MY STREAM 4U SERVICE
1.1. Mont Digital Ltd is trading as My Stream 4U, Registered office located at Chiltern House Business Centre, 64 High Street, Burnham, Buckinghamshire, SL1 7JT, United Kingdom, and the company number is 11086348
1.2. My Stream 4U is a free video hosting website that enables users to access, view, upload, store, and share videos. The My Stream 4U Service is made up of the My Stream 4U website, the My Stream 4U video player that is embeddable onto any website, the My Stream 4U apps and web apps as accessible via any current or future device capable of distributing the My Stream 4U website and/or the video player, and more generally any My Stream 4U products, content, channels, software, data feeds, services and functionality ("My Stream 4U").
1.3. By accessing and/or using the My Stream 4U Service without being logged into My Stream 4U Account, you will be hereinafter a "Visitor." As a Visitor, you will only have the ability to access, view or share videos available on the My Stream 4U Service.
Still, you will not be able to benefit from all the other features available on the My Stream 4U website. A "My Stream 4U Account" means the video content storage space on the My Stream 4U website, which is dedicated to a Viewer or a User of My Stream 4U that can be created by signing up for a My Stream 4U Account via www.mystreams4u.com.
1.4. If You want to be able to upload videos and access some other features of the My Stream 4U website, you will need first to create a My Stream 4U Account and have your e-mail address validated. You will then be a "User" being though agreed that after having created Your My Stream 4U Account and you have validated Your e-mail address according to the process defined below, you will be a "Viewer". You will not be able to upload videos or access the other features of the My Stream 4U Service.
1.5. Information provided by You to create Your My Stream 4U Account must be accurate and complete. For example, in order for My Stream 4U to verify that the e-mail address You provided is valid, you will receive an e-mail from My Stream 4U asking You to validate Your e-mail address.
1.6. By creating a My Stream 4U Account, you agree that You alone will be responsible (to My Stream 4U and others) for all activity under Your My Stream 4U Account. The user id and password necessary to access the My Stream 4U Account and its features are Your sole responsibility and your obligation to keep them confidential.
1.7. If You are a User, you may notably upload video files (that must be compliant with these Terms) on the My Stream 4U website and have a nickname and an avatar that will be associated with Your My Stream 4U Account. Any elements you post on the My Stream 4U Service are deemed "Your Content."
If you are not a Partner, Your Content may be automatically set to "private mode" so that Your Content will only be available on the My Stream 4U website to individuals who have the URL link for Your Content; however, You or any third party will still have the ability to embed Your Content on any website through My Stream 4U video player.
SECTION 2: ACCEPTANCE OF THESE TERMS
2.1. Whether You are a Visitor, a Viewer, a User or a Partner, either an individual or a single entity ("You" or "Your" as applicable), You signify Your express and unconditional agreement to (1) these terms and conditions, (2) all other policies of My Stream 4U, including but not limited to the My Stream 4U privacy and cookie policies, as accessible at any time from the homepage of the My Stream 4U website, and incorporated herein by reference, (all collectively, the "Terms").
You may not use the My Stream 4U Website and Service if You do not accept any of the Terms. You understand and agree that My Stream 4U will treat Your use of the My Stream 4U website as acceptance of the Terms from that point onward.
2.2. My Stream 4U may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version, which shall always be accessible from the homepage of the My Stream 4U website.
If You do not agree to the modified Terms, Your only recourse is to stop using the My Stream 4U website. Your continued use of the My Stream 4U website after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.
2.3. You shall not use the My Stream 4U website if (a) You are not of legal age to form a binding contract with My Stream 4U or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the My Stream 4U website under the laws of the country in which You are resident or from which You access or use the My Stream 4U website.
2.4. If You are not an individual, You represent to My Stream 4U that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using or accessing the My Stream 4U website and services.
SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS
3.1. For the entire period during which Your Content is hosted on the My Stream 4U website, You grant to My Stream 4U, and transferable to its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the My Stream 4U website.
3.2. By making Your Content accessible on the My Stream 4U website, You agree to allow any Visitors of the My Stream 4U website to view and share Your Content through the My Stream 4U video player on or through any declination of the My Stream 4U website, as accessible (online or offline) via any current or future device capable of distributing the My Stream 4U website by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.
3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which My Stream 4U shall not be liable. Therefore, you are responsible for taking all appropriate steps to protect Your data, where applicable.
SECTION 4: OUR INTELLECTUAL PROPERTY RIGHTS
4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the My Stream 4U website and services, which right is conditioned on Your compliance with the Terms.
4.2. The content (other than Your Content and other users' content) included on or accessible through the My Stream 4U website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the My Stream 4U website, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the "My Stream 4U Content"), is the exclusive property of My Stream 4U and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
4.3. My Stream 4U Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of My Stream 4U or My Stream 4U's licensors. You agree not to use or exploit the My Stream 4U Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms.
You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any My Stream 4U Content.
4.4. All rights not expressly granted in the Terms are reserved to My Stream 4U and its licensors.
SECTION 5: OUR LIABILITY AS HOST
5.1. In its capacity as a web hosting service provider, My Stream 4U is under no legal obligation to monitor content uploaded on the My Stream 4U, nor obligated to seek facts or circumstances indicating illegal content actively, but shall immediately remove or disable access from its My Stream 4U website to any infringing content once having been notified of its existence.
5.2. You agree that Your use of the My Stream 4U website shall be at your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the My Stream 4U website and, more specifically, for Your Content and (ii) protecting its computer hardware against any virus or interruption.
5.3. You acknowledge and agree that the My Stream 4U, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or the My Stream 4U video player), on and through which Your Content will be distributed is provided "AS IS" without warranty, provided that My Stream 4U may enhance, modify and update the My Stream 4U website at its sole discretion. For clarity, You shall not be entitled to request any modification to the My Stream 4U website.
5.4. My Stream 4U shall not be held responsible in any case for (i) any malfunctions inherent to the nature of the Internet, in the access and/or the use of the My Stream 4U website, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, My Stream 4U does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.
5.5. Nothing herein shall exclude or limit My Stream 4U's liability for losses that may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, My Stream 4U shall not be liable for: (a) any indirect or consequential losses you may incur. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of:
(i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the My Stream 4U website; (ii) any changes which My Stream 4U may make to the My Stream 4U website, or for any permanent or temporary cessation in the provision of the My Stream 4U website (or any of its features);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the My Stream 4U website; (iv) Your failure to provide My Stream 4U with accurate account information (v) Your failure to keep Your password or your accounts details secure and confidential.
5.6. The limitations on My Stream 4U's liability defined in this section shall apply whether or not My Stream 4U has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement.
SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE MY STREAM 4U SERVICE AND ITS RELATED TECHNOLOGIES
6.1. In view of the user-driven nature of the My Stream 4U website, and out of consideration for the general public, You are responsible for maintaining certain ethical standards respecting the Content You upload on the My Stream 4U website. You represent and warrant as an essential condition that Your Content, and any images, data and/or text which you may disseminate through the My Stream 4U Service: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia);
(ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that You have not created yourself or for which You do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organisations in such materials);
(iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); (iv) is not contrary to public policy and accepted moral standards; (v) does not display, incite or otherwise promote illegal or immoral activity, and (vi) does not violate any applicable laws or regulations.
6.2. By uploading or disseminating images, data, and/or text to or through the My Stream 4U website, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorisations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the My Stream 4U website.
6.3. My Stream 4U reserves the right to decide in its sole discretion whether Your Content, Your My Stream 4U Account and/or Your use of the My Stream 4U website violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) Your Content being removed and/or (ii) Your My Stream 4U Account being deactivated, and/or (iii) your use of the embeddable My Stream 4U video player being blocked and/or
(iv) any elements or data related to Your Content or to Your My Stream 4U Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the My Stream 4U website, without prior notice. In addition, My Stream 4U reserves the right to report any violation of these provisions to applicable legal authorities. You may be personally liable for criminal sanctions applicable to the content in question (fines and imprisonment) and any applicable civil damages.
6.4. Because the My Stream 4U website is not designed as a video backup service, You are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into the My Stream 4U website and associated with your My Stream 4U Account and/or Your Content.
6.5. Moreover, You shall not (i) falsely increase the number of views, the impression of or clicks associated with Your Content or other users' content either directly or indirectly, or automatically or manually, or (ii) authorise or encourage any third party including offering any financial incentive to do the same.
6.6. You also warrant that any website or applications on which You export Your Content and/or other users' content through the embeddable My Stream 4U video player do not include any element that: (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or any third party's privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or
(v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals or (vii) violates any applicable laws. Moreover, You warrant that Your use of the embeddable My Stream 4U video player shall not be made for:
(i) any activity which may imply any kind of product, trademark or artist endorsement without authorisation from the applicable rights owner or (ii) resale of any kind of the My Stream 4U website or (iii) any unauthorised third party contests or (iv) synchronisation of the underlying musical composition that might be embodied in the content displayed through the embeddable My Stream 4U video player or any other use with any visual media output.
You also shall not modify, build upon or block any portion or functionality of the My Stream 4U video player, including but not limited to links back to the My Stream 4U website. Furthermore, by embedding Your Content and/or other user's content through the embeddable My Stream 4U video player on any website or application, You warrant that You have all the necessary rights and/or authorisations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
6.7. You agree not to alter or modify any part of the My Stream 4U website (including but not limited to the My Stream 4U video player and its related technologies). You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security-related features of the My Stream 4U websites or features that (i) prevent or restrict the use or copying of content or (ii) enforce limitations on the use of the My Stream 4U website or the content accessible via the My Stream 4U website.
You agree not to collect or harvest any personal data of any Visitor, Viewer, User or Partner of the My Stream 4U website and not use the My Stream 4U website for the solicitation of business in the course of trade or connection with a commercial enterprise.
6.8. You agree not to use the My Stream 4U website and any of its related technologies (including, without restriction, the My Stream 4U video player, the website, the app, and the web app) for any commercial use unless You obtain My Stream 4U's prior written approval, in particular any of the following uses: (i) the sale of access to the My Stream 4U website, (ii) the sale of advertising, sponsorships or promotions placed on or within the My Stream 4U website or content or My Stream 4U video player.
6.9. You agree not to access content hosted on the My Stream 4U website for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the My Stream 4U website solely for Streaming purposes. "Streaming" means a digital transmission of an audiovisual work from the My Stream 4U website to a Visitor operated Internet-enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor.
Accessing a My Stream 4U user's content for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user's content for any other purpose, in particular for commercial use, You are solely responsible for obtaining the necessary advanced authorisation.
You agree and shall indemnify and hold My Stream 4U - harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, the fee (including reasonable attorneys' fees), and penalty, or other charges (including reasonable attorneys' fees and all other costs of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to
(i) Your Content, (ii) Your violation of the Terms or any other policy of My Stream 4U; (iii) Your use of the My Stream 4U website; and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
6.10. You acknowledge and agree that some other Partners are third-party beneficiaries of these Terms. As such, they may have the right to enforce these Terms against You as third-party beneficiaries of these Terms.
SECTION 7: REPORTING PROHIBITED CONTENT
7.1. My Stream 4U has established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on the My Stream 4U website.
7.2. If You notice infringing or illegal content and/or activity on the My Stream 4U website, You can report it to us at any time by contacting us via the form available from the homepage of the My Stream 4U website or by e-mail to info (@) mystream4u (.) com.
SECTION 8: DATA AND PRIVACY
8.1. The records of My Stream 4U are stored on our systems in accordance with standard safety practices and applicable laws. The My Stream 4U records shall be considered proof of e-mails exchanged, registration forms sent, videos uploaded, and other activity within the My Stream 4U website, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.
8.2. The My Stream 4U website may contain links to websites operated by other entities (a "Linked Site"). If You decide to visit any Linked Site, You do so at Your own risk, and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. My Stream 4U has no responsibility to You concerning any Linked Site, and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links), is maintained, controlled, endorsed, monitored or otherwise governed by My Stream 4U.
SECTION 9: MISCELLANEOUS
9.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the My Stream 4U website or any of its features, whether or not you are a Visitor, a Viewer, a User or a Partner. For the sake of clarity, watching videos from the My Stream 4U website, exporting the My Stream 4U video player, and/or maintaining a My Stream 4U Account are all deemed to be uses of the My Stream 4U website.
9.2. Any obligations which expressly or by their nature are to continue after termination, cancellation or expiration of the Terms shall survive and remain in effect after such happening.
9.3. If you reside in a country that is not part of England and Wales, you agree that any dispute between You and My Stream 4U arising out of or relating in any way to these Terms or Your use of the My Stream 4U Service shall be interpreted in accordance with the laws of England and Wales, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and My Stream 4U shall be decided by a court of competent jurisdiction located in London.
9.6. You agree that My Stream 4U may provide You with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the My Stream 4U website.
9.7. If one or more provisions of the Terms are considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms, and all other conditions of these Terms will remain in force.
9.8. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.