Algemene voorwaarden – StreamProvider
 

Algemene voorwaarden

STREAMPROVIDER ALGEMENE VOORWAARDEN

1. Description of Service and Acceptance of Terms

Streamprovider.tv, (“Streamprovider.tv,” “we,” or “us”) provides an online video service offering a selection of (live) shows, movies, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, tools, materials, or other services (including third party branded services) offered from time to time by Streamprovider.tv through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the Streamprovider.tv website (the “Streamprovider.tv Site”), applications, and other places where any Services are available, including websites and applications of Streamprovider.tv’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.

Use of the Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable Service. Therefore, by visiting the Streamprovider.tv Site or using any of the Services through any other Access Point you are agreeing to these Terms.

2. Changes to These Terms

We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Streamprovider.tv Site at Streamprovider.tv.com/terms and are accessible via a link at the bottom of every page. In addition, you can access these Terms from all Streamprovider.tv applications. If we make a material change to these Terms, we will notify you by posting notice of the change on the Streamprovider.tv Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Material changes to these Terms shall be effective automatically 30 days after they are initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.

3. Access and Use of the Services

3.1 Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Streamprovider.tv or provide your personal information to Streamprovider.tv. If you are at least 13 and under 18 years of age, you may register with Streamprovider.tv only if you have the consent of your parent or guardian.

3.2 Your License. Streamprovider.tv is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.

3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Streamprovider.tv in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Streamprovider.tv in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Streamprovider.tv. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Streamprovider.tv in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

3.5 Embedding a Video Using the Video Player. Where Streamprovider.tv has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Streamprovider.tv (in Streamprovider.tv’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Streamprovider.tv reserves the right to prevent embedding to any website or other location that Streamprovider.tv finds inappropriate or objectionable (as determined by Streamprovider.tv in its sole discretion).

3.6 Ownership. You agree that Streamprovider.tv owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Streamprovider.tv and Streamprovider.tv’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

3.7 Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:
• violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Streamprovider.tv (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
• involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
• introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Streamprovider.tv’s servers, computer network, or user accounts;
• removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
• uses the Services to advertise or promote services that are not expressly approved in advance in writing by Streamprovider.tv;
• collects information in violation of Streamprovider.tv’s Privacy Policy;
• encourages conduct that would constitute a criminal offense or give rise to civil liability;
• violates these Terms or any guidelines or policies posted by Streamprovider.tv;
• interferes with any other party’s use and enjoyment of the Services; or
• attempts to do any of the foregoing.

If Streamprovider.tv determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

3.8 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Streamprovider.tv and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Streamprovider.tv € 50,- for each such unsolicited communication you send through the Services.

3.9 Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

3.10 Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Streamprovider.tv may do so in Streamprovider.tv’s sole discretion. You also agree that Streamprovider.tv will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a Streamprovider.tv subscriber and Streamprovider.tv suspends or discontinues your subscription Service, Streamprovider.tv may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if Streamprovider.tv terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

3.11 Internet Access Charges. You are responsible for any costs you incur to access the internet.

4. Billing

4.1 Billing. By providing a credit card or other payment method accepted by Streamprovider.tv (“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method.

5. Accounts and Registration

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
Your account is strictly personal. It cannot and will nog be transferred.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Streamprovider.tv representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password.

We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if Streamprovider.tv determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Streamprovider.tv servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. Collection and Use of Personal Information

For information about Streamprovider.tv’s policies and practices regarding the collection and use of your information, please read Streamprovider.tv’s Privacy policy.

7. User Reviews, Comments, and Other Material

7.1 Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”).

8. Linked Destinations and Advertising

8.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Streamprovider.tv operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

Streamprovider.tv is not responsible for the content or practices of any website or destination other than the Streamprovider.tv Site, even if it links to the Streamprovider.tv Site and even if the website or destination is operated by a company affiliated or otherwise connected with Streamprovider.tv. By using the Services, you acknowledge and agree that Streamprovider.tv is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Streamprovider.tv Site.

8.2 Advertisements. Streamprovider.tv takes no responsibility for advertisements or any third party material Posted on any Access Point where the Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services are between you and the advertiser, and you agree that Streamprovider.tv is not liable for any loss or claim that you may have against an advertiser.

9. Trademarks

Streamprovider.tv, the Streamprovider.tv logo, and other Streamprovider.tv marks, graphics, logos, scripts, and sounds are trademarks of Streamprovider.tv. None of the Streamprovider.tv trademarks may be copied, downloaded, or otherwise exploited.

10. Unsolicited Submissions
It is Streamprovider.tv’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Streamprovider.tv’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Streamprovider.tv creative work, including a film, series, story, title, or concept, would be purely coincidental.

11. Disclaimer of Warranties, Limitation of Liability and Indemnity

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE STREAMPROVIDER.TV SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STREAMPROVIDER.TV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL STREAMPROVIDER.TV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “STREAMPROVIDER.TV PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE STREAMPROVIDER.TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STREAMPROVIDER.TV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). STREAMPROVIDER.TV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. Notice and Procedure for Claims of Copyright Infringement

If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify Streamprovider.tv of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that Streamprovider.tv receives and take appropriate action in accordance with applicable intellectual property laws.

13. Applicable law

At Streamprovider.tv, we expect that our world-class customer service team will be able to resolve most issues you may have using the Services. These Terms are governed by, and construed in accordance with, the laws of The Netherlands without giving effect to principles of conflicts of law. You and Streamprovider.tv agree to submit to the exclusive jurisdiction of the courts located in The Netherlands.

14. General Information

14.1 International Use. We are a company based in The Netherlands. Streamprovider.tv’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Streamprovider.tv does not have rights or does not offer services is prohibited.