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The following terms of use
should be regarded as being in force any time you visit
our Site. Please read them carefully.
These
Terms of Use: These Terms of Use set out important information
regarding your rights, obligations and the restrictions that
may apply when you use our online services (which may include
streamed audio visual content, text, photographs, forums,
advertising and other services) (“Services”) at the
website www.streamexchange.tv
(the “Website”). We
recommend that you read them carefully before using the
Services.
These Terms of Use govern the
relationship between you and StreamExchange Ltd when you
access and use our Services. Any reference to “you” or
“your”, means you as user of the Website and Services,
any reference to “we”, “us”, “our” or “StreamExchange ”
is to StreamExchange Ltd. For our contact details please
see the end of these Terms of Use.
By accessing and continuing to
use the Services, you agree to be legally bound by these
Terms of Use. Please note that we may update and amend
these Terms of Use from time to time and any changes will
be posted on the Website. However, it is your
responsibility to ensure you review these Terms of Use
regularly to familiarise yourself with any changes. We
will not file or store a copy of these terms for each
interaction on transaction by you via the Website. If you
do not agree with any of our Terms of Use then you should
not use our Services.
You may be asked to agree to
further terms and conditions when using specific Services
or when using third party websites or services via the
Website. If there is any inconsistency between these
Terms of Use and any such terms and conditions, the
latter terms and conditions shall prevail.
Minors: You must be at least 18 years old to use our Services.
If you're under 18 years old, please get a parent’s or
guardian’s permission before using our Services.
Guidance: Some of the content of our
Services may contain language or content that is not
appropriate for minors. For such content, we will endeavour to
indicate on our Website whether it we consider it to be
inappropriate for consumption by a person under 18 years of age
and to give you as much guidance as possible for you to make an
informed choice as to whether you wish to view it. By accessing
and continuing to use the Services, you accept responsibility
for reviewing such guidance and information and, where you
allow anyone under the age of 18 to access the services, for
ensuring that the Services are suitable for
them.
Your Rights and Promises: In
accessing www.streamexchange.tv
and the material or content
made available by StreamExchange via the site, you agree that
you do so only for your own personal, non-commercial
use.
You agree to use these Services only for
lawful purposes, and in a manner which does not infringe the
rights of, or restrict or inhibit the use and enjoyment of
these Services by, any third party.
You agree to comply with these Terms of Use when using our
Services and all applicable laws and regulations, together with
any specific usage rules that may be posted on the Website in
relation to any material and content that you access via the
Services.
Restrictions on Use of Services: The
contents of the Services, webpages, computer codes of elements
comprising the Website and any software provided to you by us
may not be copied, reproduced, communicated and/or made
available to the public, republished, downloaded, posted,
recorded, broadcast or transmitted or used in any other way
except for your own personal, private and non-commercial use,
unless otherwise expressly permitted by us.
You agree that you will not use the Services in any way that
may lead to the encouragement, procurement or carrying out of
any criminal or unlawful activity, or cause distress, harm or
inconvenience to any other person.
You will not do anything that may cause
damage to the Services or our servers, systems or equipment or
those of third parties, nor access or attempt to access any
users' data or to penetrate or attempt to penetrate the Website
security measures.
You agree to compensate us in respect of
any damages suffered by us or any of our losses resulting from
any claim made by a third party in each case in respect of any
matter arising from your use of the Services in breach of these
Terms of Use or from your violation of any applicable law or
regulation.
You accept that you are able stop using
the Services at any time. We reserve the right to suspend,
restrict or terminate your access to any, or all, Services at
any time at our sole discretion.
We may also ban or suspend you as a user of the Services if you
do not comply with these Terms of Use.
Geo-blocking: Some of our Services may be
using geo-blocking software to prevent you from accessing them
from outside the United Kingdom: this may be necessary for us
in particular to comply with the terms of our broadcast and
content licences. You agree not to attempt to access, or not to
attempt to circumvent the geo-blocking software to access, such
Services from anywhere outside the United
Kingdom.
Piracy: Certain of our Services use
security technology to protect the material and content made
available on our Services. You will not utilise plugins or any
application(s), software or associated tool(s) which change the
content of the Website or any third party websites you may use
or access via the Website. You may not attempt to or to assist
any other person to remove or otherwise alter or interfere with
any security technology used in connection with the Services,
nor may you permit or assist in any way any third party to use
the material or content made available by StreamExchange via
the Services in an unlawful manner or in a manner which could
infringe the rights of, or restrict or inhibit the use and
enjoyment of the Services by, any third party.
Intellectual Property: All intellectual property rights in this
Website and all material or content made available by
StreamExchange via the Services (excluding any Submissions by
members to the Clip Gallery or the Clip Gallery Player (in
respect of which see below)) shall remain at all times the
property of StreamExchange or StreamExchange's
licensors.
The names, images and logos identifying
StreamExchange, our partners or third parties and our/their
products and services contained in the Services are proprietary
marks and may not be reproduced or otherwise used without
express permission.
Nothing contained in these Terms of Use
shall be construed as conferring by implication any licence or
right to use any trade mark, patent, design right or copyright
of StreamExchange or of any third party.
Your Submissions: If you wish to submit any contribution to the
Services or upload any content on the Website to the clip
Gallery or the clip Gallery Player, such as any text,
photographs, graphics, video or audio (“Submission”), you agree
that unless and to the extent specifically stated otherwise on
the Website any Submission you make to the Services, is subject
to the following additional terms:
You retain all ownership rights in any
Submission you may make. You promise that you are the original
owner of any Submission you make or you have the necessary
licences, rights, consents, and permissions to authorise us to
use your Submission, including associated images, hyperlinks
and metadata connected to that content. In particular, you
promise that you have obtained the permission of all of the
people featured or referred to in the Submission (and if they
are under 18 their parents or guardians as well) to our use of
the Submission on the Services. You agree to give us evidence
of all such licences, rights, consents, and permissions if so
requested by us. You acknowledge that the contents of any
Submission material other than personal data will be considered
non-confidential.
By making a Submission to our Website,
you grant us a worldwide, perpetual, non-exclusive,
royalty-free and transferable licence (with the right to
sub-license) to use, edit, reproduce, record, modify,
translate, distribute, play, perform, commercialise (including
by way of placing advertising within or around your Submission)
make available to the other users of the Services, prepare
derivative works of and to display your Submission by any
medium or method whether now known or later developed to be
exercised in our sole discretion throughout the world for the
full term of copyright and other rights and all renewable and
extensions thereof. You are responsible for the contents of any
Submission you may make and the consequences arising from its
use on our Services. You will not upload to the Website any
material or content which is in any way defamatory, obscene,
unlawful, harmful, offensive or inappropriate or infringes the
rights of a third party or may have the effect of being
harassing, threatening, abusive or hateful or that otherwise
degrades or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race,
ethnicity, age or disability. You agree not to infringe any
laws in order to produce or make a Submission. You agree not to
transfer files which contain viruses or other harmful programs.
You agree to pay any and all charges due on demand for
streaming your Submission to other users of this Website or
users of the StreamExchange service.
You also agree not to advertise or
promote third parties’ services including by way of the
distribution of "spam" email. In particular, you agree not to
use the Services to provide links to third party websites other
than your own or the Submission owners
website.
We may accept your Submission, modify
your Submission, or refuse to display your Submission at any
time in our sole and absolute discretion. We may also withdraw
your Submission and/or suspend, restrict and/or terminate the
Services provided under these Terms of Use immediately without
notice to you for any reason, including, without limitation,
where we suspect your Submission to be in any way defamatory,
obscene, unlawful, harmful, offensive, inappropriate or to
infringe the rights of a third party. We have no obligation to
modify or remove any inappropriate, offensive or unlawful
content.
Registration: You may be required to
register your details for certain Services and open a user
account that you can then use to access and log on to use those
Services (including in order to make a Submission). You may
change or update your user name and password or other details
at any time via your account. You promise that all information
and details provided are true, accurate and up to date in all
respects and at all times.
It is your sole responsibility to
maintain the confidentiality of your password and that you are
responsible for all activity that occurs under your user name
and password. We will not be liable where your password is used
by someone else. You should notify us immediately of any
unauthorised use of your password and any breach of security as
soon as you become aware of it.
You are entirely responsible for maintaining the
confidentiality of your details when using our
Services.
Links To Other Websites and Services:
This Website contains links to other third party websites and
services through advertising, RSS feeds, hypertext links or
otherwise. These links are provided for your ease of reference
and convenience only. We have no control over those third party
websites or services and are not responsible for their
contents. We do not endorse the material contained in their
websites or services, and have no association with their
operators. You agree that we won’t be party to any transaction
or contract with a third party that you may enter into and we
won’t be liable to you for any loss or damage which you may
suffer by using those third party websites and services. You
agree that you will not involve StreamExchange in any dispute
you may have with such third party websites and
services.
These Terms of Use shall not
make us responsible for any damage or loss caused to you
where such damage or loss is not reasonably foreseeable
to you and us when you agree to these Terms of Use (which
occurs automatically when you access and continue to use
the Services), including where the damage or loss results
from our breach of these Terms of Use;
We do not accept liability for any damage or loss caused to you
where you are not entering into these Terms of Use as a
consumer.
We do not guarantee which
Services will be on the Website. All Services on the
Website are provided on an 'as is' and 'as available'
basis. We do not give any guarantee to the accuracy,
suitability, reliability, completeness, performance,
satisfactory quality, fitness for a particular purpose,
or freedom from viruses, or other harmful programs
contained in or accessed through this Website. We do not
guarantee or endorse any content posted on the Website by
users.
We do not accept any liability for damage to your computer or
for any loss of data that results from your use of the Services
and we cannot guarantee that any files that you download are
free from viruses, contamination or destructive features or for
any problems or inadequacies with your computer, software,
email system, internet facilities, or equipment.
We cannot promise that our Services will be free from errors or
omissions nor that they will be available uninterrupted and in
a fully operating condition. The Services may be suspended
temporarily and without notice in the case of system failure,
maintenance or repair or for reasons reasonably beyond our
control. We will not be liable to you or to any other person in
the event that all or any part of the Services is discontinued,
modified or changed in any way.
We shall not be liable for any failure, any suspension or any
termination of access to the Services or any content in
connection with or arising out of a force majeure event. In
these Terms of Use, a "force majeure" event shall include,
without limitation, strikes, lock-outs or other industrial
disputes, nuclear accident or acts of God, war or terrorist
activity, riot, civil commotion, malicious damage, compliance
with any law or government order, rule, regulation or
direction, accident or breakdown of plant or machinery, fire,
flood, storm or default of suppliers, and where they are beyond
our reasonable control, any other acts, events, omissions or
accidents.
The views expressed in any content or material which is
uploaded by you or other users of the Services on the Website
do not reflect StreamExchange’s views.
We have no liability in connection with any claims brought
against you by a third party except as stated in these Terms of
Use.
Privacy: Please read our Privacy Policy
which contains important
information about the use of your personal data and other
information regarding your privacy.
Severance:
If any provision of
these Terms of Use shall be found by any court or
administrative body of competent jurisdiction to be
invalid or unenforceable, such invalidity or
unenforceability shall not affect the other provisions of
these Terms of Use which shall remain in full force and
effect.
Law and Jurisdiction:
These Terms of Use are
available in English only and shall be governed by and
construed in accordance with the laws of England (or the laws
of Scotland if you are domiciled there). Disputes arising in
connection with these Terms of Use shall be subject to the
exclusive jurisdiction of the courts of England and Wales
unless you choose the jurisdiction of your domicile in Scotland
or Northern Ireland.
StreamExchange
Limited, a company registered in England & Wales with
registered office at: 25 Harley Street,
London W1G 9BR,
Company No:
6629146: Vat
Registration: 936 6740 92
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