Terms Of Service
Last Updated: January 07, 2017
**PLEASE READ THIS DOCUMENT CAREFULLY.
StreamComposer (“StreamComposer,” “we,” or “us”) offers an online video hosting platform its website located at StreamComposer.com.
By registering as a member or by using the StreamComposer Service in any way, you accept these Terms of Service
(“Agreement”), which forms a binding agreement between you and StreamComposer.
If you do not wish to be bound by this Agreement, do not use the StreamComposer Service. **
- Who May Use the StreamComposer Service
- License to Use the StreamComposer Service
- Subscriptions and Purchases
- Term and Termination; Account Deletion
- Content Restrictions
- Code of Conduct
- Licenses Granted by You
- Your Representations and Warranties
- Third Party Copyrights and Other Rights
- Limitation of Liability
- Compliance Notice Pursuant to 18 U.S.C. § 2257
- General Provisions
“Content” means all text, software, scripts, graphics, photos, sounds, music, videos,
audiovisual combinations, interactive features and other materials that may be viewed on, accessed
through, or contributed to the Services.
“Customer Data” means all Customer registration information and other transaction data collected, processed and retained by StreamComposer in connection with providing the Services, including without limitation content submitted by Customer Managers and Contacts. “Plan” means StreamComposer’s free or any paid plans, as applicable and as further described on StreamComposer’s website available at: www.streamComposer.com/Pricing.
“Services” means the services hosted by StreamComposer and provided to Customer under this Agreement.
“Systems” means modems, servers, software, network and communications equipment and ancillary services that are owned, controlled or procured by Customer.
“Updates” means any patch, revision or update to the Services delivered by StreamComposer.
1. Who May Use the StreamComposer Service
AGE REQUIREMENT: You must be at least 18 years old to use the StreamComposer Service.
2. License to Use the StreamComposer Service
LICENSE: StreamComposer grants you a limited, non-exclusive license to access and use the StreamComposer Service for your own personal, non-commercial purposes. This includes the right to view content available on the StreamComposer Service.
This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the StreamComposer Service for commercial purposes unless:
- You are a StreamComposer PRO or Premium user, in which case you may use and access the StreamComposer Service for commercial
- You are a small-scale independent production company, non-profit, or artist, in which case you may use the StreamComposer Service to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by StreamComposer in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the StreamComposer Service or any source code therein. Nor will you attempt to circumvent any of StreamComposer’s technical measures or take any measures to interfere with or damage the StreamComposer Service. All rights not expressly granted by StreamComposer are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the StreamComposer Service, you must register as a member by providing a user name, password, and valid email address.
You must provide complete and accurate registration information to StreamComposer and notify us if your information changes.
If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users.
You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials.
If you are using a computer that others have access to, you must log out of your account after using the StreamComposer Service.
If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
StreamComposer PRO: In addition to offering Basic (free) StreamComposer memberships, we offer
StreamComposer PRO and Premium subscriptions.
Please see our subscription pages for current PRO features and pricing.
Features and prices are subject to change.
Storage limits are calculated based upon source files, images (thumbnails and logos), and encoded files.
We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native StreamComposer player.
StreamComposer PRO and Premium users who wish to obtain additional storage capacity, or additional bandwidth for applications not using the StreamComposer player may request a custom account by contacting us here:
Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund.
After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by StreamComposer.
If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period.
By default, all subscriptions are set to automatically renew for the same period of time as the original subscription.
StreamComposer reserves the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: When a StreamComposer PRO or Premium subscription ends, the account automatically becomes a Free account and StreamComposer may disable access to or delete any content to comply with Free account limits.
When a custom or PRO or Premium Unlimited subscription ends, the account and its content may be deleted if the subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the StreamComposer Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the StreamComposer Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the StreamComposer Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: StreamComposer may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if StreamComposer determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage StreamComposer’s reputation.
If StreamComposer deletes your account for the foregoing reasons, you may not re-register for the StreamComposer Service.
StreamComposer may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by
StreamComposer will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. StreamComposer shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
All videos you submit must also comply with the StreamComposer Guidelines, as listed here:
- Upload only videos you created yourself.
- You must own or hold all necessary rights (copyrights, etc.) to your video.
- “So-and-so gave me permission” does not mean you created it.
- You can upload videos that you appear in or helped create (as director, DP, editor, musician, motion graphics artist, actor, etc.) as long as you have the necessary permissions from the copyright holders.
- Exception! StreamComposer PRO and Premium members can upload videos they did not create as long as they hold the necessary rights and permissions.
8. Code of Conduct
In using the StreamComposer Service, you must behave in a civil and respectful manner at all times.
Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the StreamComposer Site
(unless you are an official StreamComposer partner or advertiser and have a written agreement with StreamComposer).
StreamComposer has the right, but not the obligation, to monitor all conduct on and content submitted to the StreamComposer Service.
9. Licenses Granted by You
LICENSE TO StreamComposer: As between you and StreamComposer, you own the video content
(“videos”) that you submit to the StreamComposer Service.
StreamComposer is under no circumstances allowed to in any way, use the video content for it’s own
purposes without a written agreement between StreamComposer and the lawful owner of the video
LICENSE TO OTHER USERS: You further grant all users of the StreamComposer Service permission to view
your videos for their personal, non-commercial purposes.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the StreamComposer Service, in which case the licenses will terminate within a commercially reasonable period of time.
Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please
note that removed videos may be cached in search engine indices after removal and that StreamComposer has no control over such caching.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that:
(i) you have the right to submit the content to StreamComposer and grant the licenses set forth above;
(ii) StreamComposer will not need to obtain licenses from any third party or pay royalties to any third party;
(iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless StreamComposer and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
- arise from your activities on the StreamComposer Service
- assert a violation by you of any term of this Agreement;
- or assert that any content you submitted to StreamComposer violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
StreamComposer respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice.
For other intellectual property claims, please send us a notice at info[at]StreamComposer[dot]com.
StreamComposer reserves the right to modify the StreamComposer Service.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the StreamComposer Service.
StreamComposer has no obligation to screen or monitor any content and does not guarantee that any content available on the StreamComposer Service complies with this Agreement or is suitable for all users.
StreamComposer provides the StreamComposer Service on an “as is” and “as available” basis. You therefore
use the StreamComposer Service at your own risk.
StreamComposer expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, StreamComposer makes no representations or warranties:
- That the StreamComposer Service will be permitted in your jurisdiction;
- That the StreamComposer Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the StreamComposer Service or will be stored by StreamComposer;
- That the StreamComposer Service will meet your business or professional needs;
- That StreamComposer will continue to support any particular feature of the StreamComposer Service; or
- Concerning sites and resources outside of the StreamComposer Service, even if linked to from the StreamComposer Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the StreamComposer Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law:
(i) StreamComposer shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and
(ii) StreamComposer’s total liability to you shall not exceed the amounts paid by you to StreamComposer over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the StreamComposer Service are exempt from 18 U.S.C. §2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. §2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
StreamComposer is not the primary producer of the visual content contained in the StreamComposer Service.
16. General Provisions
DISPUTES: Any action arising out of or relating to this Agreement or your use of the StreamComposer Service must be commenced in the Danish law and justice system (and you consent to the jurisdiction of those courts).
In any such action, StreamComposer and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement.
If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement.
No failure or delay by StreamComposer in exercising any right hereunder will waive any further exercise of that right. StreamComposer’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
You may not assign this Agreement without StreamComposer’s prior written consent. No third party shall
have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from StreamComposer electronically.
StreamComposer may provide all such communications by email or by posting them on the StreamComposer Service.
For support-related inquiries, you may contact us. You may send notices of a legal nature to StreamComposer at info[at]StreamComposer[dot]com or the following address:
StreamComposer, Klintevej 7 3600 Frederikssund, Denmark Attention: Legal Department
Nothing herein shall limit StreamComposer’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by StreamComposer on the StreamComposer Site or a written amendment signed by an authorized representative of StreamComposer.
A revised Terms of Service will be effective as of the date it is posted on the StreamComposer Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between StreamComposer and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.