JVC Videocloud terms

Article 1

Initial Provisions

1.1 Streamstar, a.s., a corporation established and validly existing under the laws of Slovakia, member of Streamstar Group, with its registered seat at Dubravska cesta 4, 8th Floor, Bratislava 84104, Slovakia, Europe Union, Company number 47032278 (hereinafter referred to as “Operator”) offers a video hosting cloud platform which enables users to upload, store, stream, and share videos on internet and any other platforms and protocols (“JVC VIDEOCLOUD” or “Service”).

1.2 The Service is available to any user in particular at the website jvcvideocloud.com (“Site”) (or at any other url address owned or controlled by Operator and its affiliates) and/or on any other technical, communication or transmission protocols or platforms now known or hereafter devised, discovered or developed including, without limitation, mobile phones, IPTV platforms and devices or television.

1.3 These general JVC VIDEOCLOUD Terms (“Terms”) govern, without prejudice to any applicable legal provisions, the use by any user of JVC VIDEOCLOUD, and exclude any other general terms and conditions that apply to other services offered.

Article 2

Principal Conditions of Use of JVC VIDEOCLOUD

2.1 The JVC VIDEOCLOUD is a service operated by Operator and its partners enabling the User to store, stream and use its content and Service available features other way. For purpose of these Terms any User’s content, data and/or information in any form shall be deemed as “Content”.

2.2 The Service is available to any User after acceptance of these Terms (the “User”) until the termination of its Subscription or early termination defined herein. The access to the JVC VIDEOCLOUD is reserved to corporate entities and natural persons over the age of 18 and having full legal capacity, being agreed that the User is responsible for any use of the Service.

2.3 The Service does not in any way include production or direction by Operator of any Content on the behalf of the User.

2.4 At the moment the User registers or starts using the Service/Site after successful activation process it is deemed to have read, fully understood and agreed to these Terms which constitute the entire agreement between the parties.

2.5 If the User disagrees with any term, or any term and condition contained herein are found in conflict with the law which excludes the effectiveness of a part of or all provisions contained in these Terms, the User should stop using the Service/Site.

Article 3

Accessibility

3.1 The JVC VIDEOCLOUD is accessible through the Site on internet through any means of electronic communication (computers, tablets, mobile phones).

3.2 The access and use is subject to conditions defined in these Terms after successful registration, provision of all required and valid data (including payment data), payment of specified subscription fee (if applicable) and approval of the Terms.

3.3 Any person accessing and using the Site and Service declares and guarantees to Operator that it is fully authorized to accept these Terms and use the Service in the name and on behalf of the User.

3.4 The User shall at all times maintain all information and data provided to Operator in the Service registration process accurate, authentic, valid and complete.

3.5 The User is fully and solely responsible for keeping all logins and passwords to the Site and Service confidential, and is fully liable for any disclosure, suspicion of disclosure, intentional or not. Operator shall not be liable for any illegal or fraudulent use of any User’s access data.

3.6 The User is fully liable for any Content and activities performed in its name and on its behalf.

3.7 The access to the Service is not assignable or transferable to any other party.

Article 4

JVC VIDEOCLOUD Use Conditions

4.1 The User represents and warrants that it owns fully and unconditionally, possesses or has obtained all rights, approvals, licenses, agreements and authorizations (including but not limited to authors of the Content, directors, editors, producers, performing and collective rights societies, artists-performers or executors, technicians) required to respect its obligations, exercise its rights, and grant licenses according to these Terms, and has an aim to use the Service and fulfil its obligations as defined herein, in accordance with all applicable local, regional, national and international laws, rules and provisions.

4.2 The User and/or its Content shall not by any means or any way

  1. interfere or disrupt the Service/Site,
  2. use the Service in any illegal, unlawful manner or contrary to the law and these Terms,
  3. harm and/or interfere in any third party rights of any nature.

4.3 The User represents and warrants that:

  1. the Content is not obscene and does not constitute a violation of public order or standards of decency and good morals and, in particular by the encouragement to commit crimes and torts, incitement to racial hatred or suicide, condoning of crimes against humanity, or any child pornography;
  2. any violent or pornographic Content will not be accessible to minors;
  3. the Content, its hosting and streaming will not constitute a breach of any morals, rights of any third parties including but not limited to interference and/or violation of intellectual property rights, or harm to any third parties (including defamation, insults, offenses),
  4. the Content is free of any viruses,
  5. its Content and the User’s activities comply with these Terms, valid law, international customs and protocols for Internet use.

4.4 Operator is not obliged to perform any prior monitoring of the Content stored or used otherwise via Service, or to search for facts or circumstances revealing illegal activities.

4.5 The User acknowledges and agrees that Operator may upon its discretion:

  1. block and/or remove any Content used any way through the Service contrary to the applicable legislation or these Terms after being notified of it or not, and the User is fully responsible for such Content and all resulting consequences,
  2. notify the User of any claim arising out or in relation to its use of the Service, and/or
  3. provide the User’s data upon request from the relevant authorities, or entities claiming to be harmed by the User’s Content or activities.

4.6 Operator reserves the right to suspend the User’s access and/or use of the Service, including the Subscription and access to User´s Content, in case:

  1. Operator becomes aware of any breach of the applicable legislation and/or these Terms by the User (e.g. failure to duly pay the Subscription fees and related costs, third party intellectual property claims),
  2. of technical failures, modifications or maintenance of the Site or Service,
  3. instruction by emergency services or any government, regulatory or appropriate authority, or
  4. where necessary to safeguard the integrity and security of the Site or Service.,

4.7 The Service and the Site are provided on an “as is” basis. Operator reserves the right to freely make any modifications, repairs or improvements of the Service anytime at its sole discretion. The User is deemed to have acknowledged and agreed that current and future functions, features and services of the Service are subject to the terms and conditions of these Terms.

4.8 The Site and the Service will be available, in principle, 24 hours a day/7 days a week, except during any scheduled or unscheduled interruptions for repair, maintenance, modification needs, cases of force majeure, or any interruptions as a result of factors not attributable to Operator. Operator will use its reasonable endeavours to provide the Service where technically possible, however Operator is unable to guarantee a continuous fault-free service. The User acknowledges and agrees that no right for reimbursement of fees exists and Operator is not liable for any damages incurred to the User due to any Service/Site interruptions, termination of service, electricity or internet outages. The User acknowledges and agrees that Operator is not liable for any interruptions and waives any claim and/or lawsuit against Operator.

4.9 Operator shall use its reasonable endeavours to keep any suspensions to a minimum, to provide prior notice where possible and to restore the Service as soon as reasonably practicable.

4.10 Operator also reserves the right to terminate the Service without any obligation to indemnify or refund the User.

4.11 The User acknowledges that no access to its Content might be possible in case suspension, interruption and termination pursuant to these Terms for any reason.

4.12 In effort to minimize inconveniences, loss of data or money and time as a result of suspension, interruption, or termination of the Service, Operator advises to take necessary preventive measures as far as possible.

Article 5

JVC VIDEOCLOUD Subscription, Fees and Payment

5.1 All information about subscription, fees, related storage and streaming volumes and additional services and costs might be further defined on the Site.

5.2 The User may use the Service for free or by subscribing at any time to particular subscription period and plan offered by Operator (“Subscription”).

5.3 Each Subscription (including free use) includes the capacity of storage and streaming hours chosen by the User. Any capacity not used by the User shall not be carried over or transferred to the following subscription period.

5.4 The User is free to modify its Subscription any time, provided the fee already paid by the User for the preceding Subscription will not be reimbursed in case of a change to a lower Subscription.

5.5 Operator may modify the fees, at any moment, subject to prior notification sent by email to the User at least 30 (thirty) days or published on the Site. The change of fees shall not apply to the fees already paid by the User. If the User does not accept the fee increase, the User may terminate its Subscription to the Service as indicated in Article 8.

5.6 The User agrees to pay the Subscription fees and additional costs (e.g. live transcoding services costs) depending on the chosen Subscription by automatic deducting the Subscription fees from its credit/debit card. The amount corresponding to the Subscription fee will be automatically withdrawn at the beginning of next Subscription period, and the User’s Subscription will be renewed.

5.7 In case the capacity of storage and streaming of the relevant Subscription chosen by the User are exceeded, additional costs for the Service use shall be automatically charged separately and paid by deducting the costs from the User´s credit/debit card.

5.8 All Subscription payments and withdrawals pursuant to this Article shall be made from the User’s credit/debit card provided to Operator. The User is fully liable for protection of its credit/debit card, and has no right for refund in any case of misuse of the User’s card. By provision of the credit/debit card or its details the User fully guarantees that the credit/debit is existing, active, the presented details are true and the User may fully use the card for payment of all claims defined in these Terms without any limits. Any change of the User’s credit/debit card must be notified by the User reasonably in advance.

5.9 In case of any default or failure of Subscription payment occurs, and the amount corresponding to the Subscription chosen by the User and/or any additional costs for the use of the Service are not duly paid as specified herein, Operator reserves the right to suspend or terminate the User’s access (including access to the Content) and use of the Service.

5.10 The payment transactions and its security are provided by a third party cooperating with Operator, and Operator provides the same guarantees as received by its partner.

5.11 The connection, communication and internet costs relating to the use of the Service are fully borne by the User.

Article 6

Approvals and Licenses

6.1 Operator grants to the User a limited, revocable, non-transferable, non-exclusive, worldwide license to use the Service. The User shall further not to grant a sublicense, resell, redistribute, transfer, assign, broadcast, commercially exploit or make available to any third party in any way all or part of the Service, modify or create derivative works based on the Service, and/or modify or decompile the Service without explicit authorization from Operator.

6.2 Any right not explicitly granted to the User is hereby reserved by Operator holding all rights related to the Site and the Service.

6.3 License to Content. By acceptance of these Terms and uploading the User’s Content the User grants to Operator a limited, revocable, non-transferable, non-exclusive, free worldwide license in order to carry out, depending on the Content, the actions required by Operator in operating the Service in accordance with these Terms. Operator and the user explicitly agree and acknowledge that Operator has no right of exploitation of the Content supplied by the User, unless specified otherwise in these Terms. Notwithstanding the forgoing, the User grants to Operator the approval and license to compress, digitize, host, store, encrypt, reproduce and/or to stream the Content and any other action necessary in order to provide the Service in accordance with the Terms and/or Service/Site features.

Article 7

Responsibility

7.1 The User is solely responsible for (i) the use of the Service and the Content it stores, uses and makes available to the public or other parties through the Service and Site under its name, and (ii) the protection of its computer hardware against any misuse, virus or interruption.

7.2 Operator shall not be held responsible in any case for any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Service, or any default of its obligations caused by force majeure or an unintentional cause.

7.3 Unless otherwise stated in these Terms, Operator does not provide guarantee of any kind to the User, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.

7.4 The User shall be fully liable for any third party complaints, claims or any third party actions against Operator related to the Content or the User’s use of the Service.

7.5 Operator advices the User to consider and evaluate all risks carefully before any use of the Service and downloading files. Operator shall not be liable for the damage or loss of data on the User’s computer system and data resulting from the aforementioned incidents.

7.6 The User is fully liable for due payment of all obligations and invoices delivered to the address defined by the User. In case of any User’s payment delay Operator is entitled to charge and claim a 12% default interest payment calculated from the delayed payment.

7.7 Operator shall not be held responsible for damages caused (mainly):

  1. by the Content,
  2. by unlawful or wrong use of the Service,
  3. due to wrong set up of required equipment and connections,
  4. in relation to suspension or termination of the Service,
  5. by decision of competent authority to suspend or cancel the Service,
  6. by or in relation to the use of Internet,
  7. to uploaded, streamed, or shared Content.

7.8 The User releases and holds harmless Operator for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damages, directly or indirectly, as a result of any and all uses of Service and any review, interpretation or analysis or and/or reliance on the Service. The User shall defend, indemnify and hold Operator, its affiliates, employees, officers, directors and shareholders harmless against any loss or damage (including reasonable attorneys' fees) incurred as a result of claims, suits, or proceedings brought against Operator by a third party arising out of (i) the Content stored and streamed via Service or (ii) any breach by the User of its representations and warranties any failure and/or (iii) any alleged failure of the User to comply with any applicable law, rule or regulation.

Article 8

Termination and Refunds

8.1 Operator grants the use of the Service on the Site at the moment of valid registration and based on the Subscription chosen by the User. Any Subscription is renewed by tacit renewal unless terminated by the User or by Operator pursuant to this Article.

8.2 In case the User wishes to terminate its Subscription, the User shall notify Operator through its account on the Site.

8.3 Operator reserves the right to terminate the Subscription anytime in the case of any breach of these Terms (mainly default in payment) or applicable law and regulations.

8.4 The Subscription is terminated on the following day after delivery of the Operator’s notice on termination (withdrawal) delivered to the User to the defined email address or address of residence.

8.5 Operator reserves the right to terminate the Service anytime without any obligation to indemnify or refund the User, mainly if the Service cannot be provided in the agreed extent, required quality or other technical issues. Any definitive termination of the Service will be reported through the Site at least 15 (fifteen) days before it occurs.

8.6 The User fully acknowledges that there are no refunds in case of any interruption, suspension or termination of the Service/Site unless explicitly agreed by Operator.

8.7 In case of termination of the Subscription or Service due to reasons specified in this Article, Operator reserves the right to immediately and without a previous notice or refund of any payments, suspend the User’s access to the Service and the Content, temporarily or permanently, by deactivation of the User’s account and without waiver of any other rights belonging to Operator.

8.8 All amounts paid by the User shall remain, in all cases, the property of Operator.

8.9 All of the provisions which, by their nature, extend beyond the termination of the Terms shall remain effective until fulfilled and apply to the respective heirs and assigns.

8.10 By any termination of the Subscription and/or the Service the User is obliged to pay for the provided Service, any financial obligations and immediately settle all Operator’s claims based on calculation sent to the User after the termination.

Article 9

Personal Data

9.1 No personal data of legal persons are collected, stored or used any other way by Operator in connection with the Service and the Site.

9.2 For further information please see the Privacy Policy.

Article 10

Notices

10.1 In case the User provides its address of seat (residence) or email address within the registration (activation) process, the User expressly agrees to use such addresses for delivery of information, notices, appeals, withdrawals, cancellation or withdrawals and other acts relating to provision of Service, including confidential information such as, mainly, passwords, authentications or codes. The User expressly agrees with delivery of electronic invoices for use of Service to the email address specified by the User.

10.2 All notices, information, termination, cancellation or withdrawals given to a party under or in connection with the Service shall be in writing and shall be delivered by

  1. hand or sent by pre-paid first-class post or other next working day delivery service to the address given by the party, or
  2. or sent by email to the party’s email address.

10.3 All notices shall be deemed served 48 hours after they are sent, or on earlier proof of delivery. Notices sent by email shall be deemed served at the time of transmission.

Article 11

General and Final Provisions

11.1 If one or more provisions of the Terms is considered to be invalid as such or for any reason all other conditions will remain in full force without any modification.

11.2 Operator may modify all or part of these Terms, at any time and at its sole discretion, subject to a prior notice published on the Site or emailed to the User at least 15 (fifteen) days in advance. After such amendment of these Terms is effective, new amended provisions of the Terms shall be applicable to the use of Service. No express approval of the User is required. In case the User does not agree to these amendments, the User is free to terminate its access and use of the JVC VIDEOCLOUD as indicated in Article 8. Any amendment of these Terms as a result of change or amendment of the applicable law or decision of a competent authority is not deemed as the amendment of these Terms.

11.3 The Terms are subject to the Slovak law regardless of the real place of use of the Service by the User. The rights and obligations not specified in these Terms are governed by the applicable Slovak law.

11.4 In case of dispute of any kind or nature (including validity of these Terms), the parties shall try for an amicable solution before any judicial action. Any claim, complaint or action relating to validity, interpretation and/or execution of the Terms shall be made exclusively to the courts of Slovak jurisdiction, even in case of multiple defendants and indemnified third parties.

11.5 For any information or support please contact Operator directly online on the Site or by mail at the following address: support@jvcvideocloud.com.

Valid and effective as of 30.6.2016.