1. YOUR ACCEPTANCE
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE Stream&Watch WEBSITE.
2. THE STREAM&WATCH WEBSITE
Stream&Watch assumes no responsibility for any content or practices of third party sites that are linked to from the Stream&Watch Website. By using the Website, you expressly relieve Stream&Watch from any and all liability arising from any third party's website.
Stream&Watch Website may contain advertisements. Stream&Watch takes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for any goods or services provided by the advertisers.
3. PERMISSION TO USE STREAM&WATCH SITE'S REGISTRATION
This site is designated for the use of any person, 13 years of age or older. By entering the Website you represent that you are 13 years of age or older. By using the Website in order to broadcast on the Junior channel you represent that you are between 13 years of age and 15 years of age and are fully able and competent to enter into this Agreement. By using the Website in order to broadcast on the senior portion you represent that you are 16 years of age or older and are fully able and competent to enter into this Agreement.
Stream&Watch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any UGC (as defined below). Stream&Watch does not endorse any UGC or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with UGC. You hereby waive any legal or equitable rights or remedies you have or may have against Stream&Watch with respect thereto, and agree to indemnify and hold Stream&Watch, its parent company, officers, directors, employees, agents, representatives, partners or anybody else on its behalf, harmless to the fullest extent allowed by law, regarding all matters related to your use of the Website.
Please note that a username may not: (1) be identical to another username that already exists; (2) include the name of another person with the intention of impersonating that person; (3) be the name of another person or entity, without their authorization; or (4) violate the intellectual property rights of any third party. In addition, Stream&Watch may refuse the registration or demand the replacement of any requested or existing username that it considers, in its sole discretion, as being inappropriate.
Your membership is solely for your personal use and is not transferable. You are solely responsible for the use and maintenance of your username and password, and for all activities that occur through your account. You agree to notify Stream&Watch immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Stream&Watch cannot and will not be liable for any loss or damage arising from any failure to protect your password or account information.
4. INTELLECTUAL PROPERTY RIGHTS
All content and information on the Website including, without limitation, software, code, text, graphics, photos, images, sounds, audio clips, and video clips, promotional contests and interactive features, but excluding all UGC (collectively, "Content") is owned by Stream&Watch or its licensors and is protected by copyright and other intellectual property laws. All branding, trademarks, service marks and logos contained therein (collectively, "Marks") are the exclusive property of Stream&Watch or its licensors. The Content may not, in whole or in part, be copied, modified, reproduced, distributed, transferred, transmitted, broadcasted, published, displayed, sold, licensed, or otherwise exploited in any manner and for any purpose whatsoever, without the prior written consent of Stream&Watch. Stream&Watch reserves all rights not expressly granted in the Content.
Similarly, you may not copy, modify, reproduce, distribute, transfer, transmit, broadcast, publish, perform, display, sell, license, or otherwise exploit in any manner and for any purpose whatsoever, any third party's UGC obtained through the Website, without the prior written consent of its owner.
5. USER GENERATED CONTENT
For the avoidance of doubt, the term User Generated Content (or UGC) refers to all content generated by users and posted, broadcasted, uploaded etc. by users to or through the Website
By broadcasting and/or posting your UGC through or on the Website, you grant Stream&Watch a royalty-free, non-exclusive, worldwide, sublicenseable and transferable license to: use, reproduce, record, store, adapt, translate, modify, make derivative works (including without limitation, reformat, rename, edit, shorten, split UGC into segments and use as part of compilations), transmit, distribute, publicly perform or display the UGC and your username, via all forms of media now known or hereafter devised, all in connection with the Website and Stream&Watch's (and its successor's) business, including without limitation, promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including though third parties and/or cellular) You also hereby grant each user of the Website or other viewer of your UGC a non-exclusive royalty-free right to access your UGC through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC, all for non-commercial and personal use.
The foregoing license granted by you terminates once you remove or delete a UGC from the Website. However, if Stream&Watch will then be using the UGC, for the promotion of the Website, it may continue to use of the said UGC, and the license granted for that purpose shall not be revoked or terminated.
In addition, by broadcasting and/or posting your UGC through or on the Website, you acknowledge and agree that: (a) Stream&Watch is not responsible for any loss, damage, or corruption that may occur to you or any third party in connection with your UGC; (b) any UGC you provide for display on the Website will be considered non-confidential and Stream&Watch is not responsible for any use that may be done by third parties with or in connection with such UGC ; (c) Stream&Watch is not responsible for any reaction, messages or comment you may receive to or in connection with your UGC; and (d) Stream&Watch may add advertisements before, after, during or on the same web-page as your UGC.
In connection with UGC, you further agree that you will not submit any content that: (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Stream&Watch and the users of the Website all of the rights granted herein; (b) is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) violates any legal rights of another person, including content that is invasive of privacy or publicity rights, the disclosure of any personal information, and content that is abusive, threatening, obscene, defamatory or libelous or harasses or advocates harassment of another person; (d) is false, misleading, deceptive or misrepresenting, including impersonating as another person; (e) is vulgar, pornographic, violent, hateful, racially or ethnically offensive; (f) is illegal in any other way, encourages or promotes conduct that would be considered a criminal offense, give rise to civil liability, or violate any local, state, federal, or international law, or is inappropriate in any other way; (g) is or includes advertisements, solicitations of businesses or any other commercial content; (h) could be harmful to minors; (i) solicits or discloses any personal information from anyone on the Website; (j) contains viruses, trojan horses, worms, time bombs, corrupted files or any other malicious applications and programs; (k) may be damaging or detrimental to the activities, operations, credibility or integrity of the Website and business of Stream&Watch or any third party or (l) depicts a teenager from age 15 or younger without a shirt or pants (i.e. All teenagers on Stream&Watch between the ages 13 and 15 MUST be fully clothed on camera).
Stream&Watch does not permit illegal activities, including copyright infringing activities and infringement of intellectual property rights, on or through the Website, and does not condone inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal.
Stream&Watch does not permit the posting of any sort of nudity or inappropriate content on the profile of a user and/or a broadcaster.
Stream&Watch has also adopted a policy and certain procedures regarding allegations of copyright infringement occurring on the Website. It is the policy of Stream&Watch to terminate the membership of any member who infringes the copyright rights of others upon receipt of proper notification to Stream&Watch by the copyright owner or the copyright owner's legal agent. Stream&Watch policy is to promptly process and investigate any allegations brought to its attention.
If you believe that your rights have been violated in any way that constitutes a copyright infringement, in any UGC, and you want Stream&Watch to remove or edit the UGC in question, please provide our designated agent with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of rights in the work allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of the UGC that is claimed to be infringing and reasonably sufficient information to permit us to locate it (preferably, if applicable, a URL); (d) your address, telephone number, and/or e-mail address; (e) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate, and that you are the owner or authorized to act on behalf of the owner of the right that is allegedly infringed. For this notice to be effective, you must provide it to Stream&Watch's designated agent for notices of claims of copyright infringement, which can be contacted
By e-mail [email protected]
While Stream&Watch encourages links to the Website, you may not link the Website to or from any third party Website which contains, posts or transmits any unlawful information of any kind, including any content that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal, or international law, or which may be damaging or detrimental to the activities, operations, credibility or integrity of the site and Stream&Watch.
7. MALICIOUS USE
You agree not to interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. Stream&Watch will use reasonable information security practices and is not liable in the case of breach of implemented physical, technical and managerial security controls.
You may not collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes, including sending Spam, junk-mail, chain letters or any other form of bulk communications. You may not use the Website to stalk or harass anyone.
You agree not to use or launch any automated system, including without limitation, 'robots', 'spiders', 'offline readers' and such, that accesses the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period. However, Stream&Watch grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Stream&Watch reserves the right to revoke these exceptions either generally or in specific cases.
You may not use the site in any way that may be damaging or detrimental to the activities, operations, credibility or integrity of the site and Stream&Watch, or that may interfere with any third party's access use and enjoyment of the Website.
Without derogating from the aforesaid, in case a Broadcaster does not adhere to the following terms, such Broadcaster will be subject to the relative sanctions. All broadcasters must: (a) abstain from showing themselves or others nude or during any sexual act; (b) for avoidance of doubt, it is stated that sexually explicit content is strictly prohibited on this website; and (c) refrain from showing any form of illegal substance or paraphernalia.
This Agreement shall remain in full force while you use the Website and/or are a member of the Website. You may terminate your membership at any time, for any or no reason, through a link in the Website.
You agree that Stream&Watch, in its sole discretion (with or without cause) and without notice, may suspend or terminate your account (or any part thereof), password or use of the Website, and remove and discard any or all your UGC within the Website, at its convenience and for any reason whatsoever.
Stream&Watch may immediately deactivate or delete your account and all related information and files in your account and/or posted by you and/or bar any further access to such files or the Website generally.
Stream&Watch may, in its sole discretion, and at any time modify or discontinue (temporarily or permanently) the Website, any of the services provided therein, or any part thereof, with or without notice.