Xstreamus

Terms of service

Below are the Terms of Service ("TOS") for Xstreamus.com website.

1. Preamble

These are official terms and conditions and form a legally binding agreement between you and Xstreamus.com website ("we", "us," "our," or any other first-person plural pronouns; the "Provider"), the Provider of the website located at https://xstreamus.com, regarding your use of the internet website located at https://xstreamus.com (collectively, the "Website"). The Provider provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you agree to these terms. Please read them carefully.
When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our repeat copyright infringer policy and our privacy policy. Such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service.
Through the Website and under the conditions stipulated in these Terms of Service, the Provider allow the users of the Website to watch or submit video or other material and hosting, sharing and/or publishing of such submission. The submissions are shared and provided to other users under the conditions stipulated in these Terms of Service.

2. Access

By accessing the Website, you certify that:

3. Intellectual Property Rights

To access some of the resources offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Website.

As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portions of the Website. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website under your user account until you notify us by email regarding such unauthorized use. Unauthorized access to the Website is illegal and a breach of these Terms of Service. You may obtain access to your billing records regarding charges of your use of the Website upon request as may be required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.

4. Intellectual Property Rights

The Website, except all user Submissions (as defined below), including without limitation, all content, media and materials, all Website's software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("Content") and the trademarks, service marks and logos whether or not registered contained therein ("Marks"), are owned by or licensed by the Provider and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of the respective owners.

5. User Submissions

A. We allow our users to submit video or other material and the hosting, sharing, and/or publishing of such submissions for display in the free areas of the Website ("Submissions"). You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that:

B. Content on the Website is provided to you AS IS for your information and personal use only. You further agree that you will not:

C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. Provider does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly remove content if properly notified of infringements on third parties' intellectual property rights. Repeat copyright infringers will have their user access to the Website terminated.

If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may submit a takedown request with this form containing the following information:

You acknowledge that if you fail to comply with all of the requirements of this section, your take down request may not be valid. Please note that we regularly provide your name, contact information, as well as the contents of your takedown request to the person who posted the content you are reporting. In the case that you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question.

The Counter-Notification Process

When a user's video submission has been removed, the Website shall notify the user of this removal, including by providing the contact information of the person or entity sending the takedown request.

Pursuant to the Website's repeat infringer policy, the user then has five (5) days to submit a counter-notification to the Website, explaining why the original takedown notice was sent in error. The counter-notification may be sent to the Provider's email address from which the user originally received the forwarded takedown request.

For the Website to consider a user's counter-notification, it must include the following:

Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.

Please note that we will send any complete counter-notifications we receive to the person who submitted the original takedown request. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials. Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.

D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that Provider is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Provider with respect thereto, and agree to indemnify and hold Provider and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

PROVIDER PROVIDES ITS SERVICES "AS IS" AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

IN ALL CASES, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

8. Notices to Xstreamus

General inquiries regarding the Website and services provided by the Provider may be made by using this online form.

The Provider respects the intellectual property rights of third parties. If you wish to send a copyright infringement notice, please use our procedures and submit a takedown request with this form. Failure to use Provider's online form for alleged copyright violations may delay our review.

Contact for other content-related issues, such as reporting inappropriate content can be made here.

It is important to use the form method as failing to do so could slow down your request or even cause it to be left unnoticed.

9. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

You agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with the Provider for no less than thirty (30) calendar days. Those amicable consultations shall commence upon Provider's receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim.

10. General

These terms of service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and the Provider. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Provider's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.

We reserve the right to amend these terms at any time and for any reason, without advance notice to you. Although we may attempt to notify you when major changes are made to these Terms of Service, you are advised to periodically review the most up-to-date version of these terms on this page, so that you are aware of any changes. Once we make the new terms available, these changes become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by the changes. Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.

11. Other

The word teen is used to describe young adults of age 18 to 20 years. We shall delete quickly any content we suspect might feature persons under the age of 18. If you believe that any content appearing on the Website features persons under the age of 18, please provide us with notice.

In case you are a consumer, you represent and warrant to us that we provided you with information to the extent required by applicable consumer protection legislation in advance before entering into a contract. We hereby inform you of your right to withdraw from the contract for any reason, in order to do so, you must inform us in writing within 14 days from the conclusion of the contract. If you withdraw from the contract after the Provider start providing the services within abovementioned period, we may request payment of the services you have already used. The minimum period of service is for 1 month. The contract is concluded for an indefinite time period, you may terminate the contract at any time for any reason by canceling your subscription. You have a right to submit a warranty claim to the Provider and the Provider is obliged to accept this claim and deal with it. The claim must be submitted to the Provider without undue delay, no later than within two months from the date of the defective provision of the Service. The Provider is obliged to deal with the claim without undue delay within one month from submission of the claim. If the Provider finds the claim justified and the defect can be fixed, a consumer may demand either a repair or supplementing what is missing, or a reasonable price reduction. If a defect cannot be fixed and prevents the proper use of the Service, the consumer may either withdraw from the contract or demand a reasonable price reduction.

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