Streemfire Terms of Service

Effective Date: January 9, 2024

Please carefully read this agreement. By accessing or using the Streemfire Service, you agree that you have read and agree to be bound by the terms and conditions of this agreement.

Introduction and Acceptance of the Terms of Service

THESE TERMS OF SERVICE (the “Agreement” or “Terms of Service”) sets forth the terms under which Streemfire.com, owned and operated by SF Media GmbH (“Streemfire”, “we”, or “us”) will provide access to our Website and related services to you (“you” or “your”) related to http://www.Streemfire.com, and any other sites, including mobile websites and applications, owned, and operated by us or our affiliates (collectively, the “Website”).
The following Terms of Service govern all use of the Website and all content, services, and products available at or through the Website (collectively, the “Service”).
We maintain that, by using our Service, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use our Service.

Ownership of the Service

The Streemfire Service comprises products, computer programs, widgets, data storage facilities, services and websites hosted or made available by Streemfire, which you may use for uploading, storing, encoding, managing, transmitting, streaming legally acquired or owned Content on multiple computer and network platforms, now known, or hereafter developed.
“Content” includes all digital media like text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Service.
The Service and all related Content is owned and operated by SF Media GmbH (Streemfire) and our licensors.

Applicability of Our Terms of Service

These Terms of Service apply to all users of our Service, including users who are also contributors of Content on or through our Service. Unless explicitly stated otherwise, any change or extension of our Website and Service, shall be subject to these Terms of Service.
Streemfire may offer the entire Service or certain services from time to time on third-party websites, which are governed by terms of service of their own. Where the Streemfire Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to the Streemfire Terms of Service. 

Age Restrictions

Only legal and natural persons of legal age can enter into this Agreement. You must be at least 14 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service.  If you are under 18 but at least 14 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf. If you are under 14 years of age, you are not allowed to use the Service and parents or legal guardians cannot enter into this Agreement on your behalf.

Accounts

The use of the Service is always based on your request for a Streemfire account. If you create an account on the Service, you will be provided with a username and password to access or use the Service.
You agree to provide true, accurate, current, and complete contact and identification information about yourself as prompted by the Service’s registration form, and to ensure this data is always accurate, current, and complete.
If you provide inaccurate, not current, or incomplete information, Streemfire has the right to suspend or terminate your account. Accounts registered by “bots” or other automated methods are not permitted.

Fees and Paid Accounts

Streemfire offers monthly pricing plans with different amounts of storage capacity, uploads and viewing times. Please refer to our price list for our current Paid Account models.
By selecting a plan, you agree to pay Streemfire the respective fees indicated for that plan in exchange for the features listed in the plan description.
Applicable fees will be charged on the day you sign up for a plan and will cover the use of the Streemfire Service for the respective plan.
You may change your plan anytime. Any price changes start the day you switch. You are required to pay the full fee for your new plan on the day you switch without any refunds or deductions for unused features of your previous plan.
Once you have used your entire storage capacity, uploads or viewing time as granted by your chosen plan, you may upgrade your plan. Accounts renew monthly.
Streemfire reserves the right to change the payment terms, fees, and Service features at any time.

Service Limitations

Streemfire retains the right, at its sole discretion, to implement limits to the nature or size of storage available to you, the nature or number of Content uploads and to your continued ability to access or distribute Content, and impose other limitations at any time, with or without notice.
You acknowledge that a variety of Streemfire actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and you agree that Streemfire has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
You understand and agree that Streemfire, in performing the required technical steps to provide the Service to its users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

Modifications of the Service

Streemfire reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including any related software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service.
In connection with any modification of the Service, Streemfire may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Streemfire to deliver these to you (and you to receive them) as part of your use of the Service.

Your Responsibilities

You are responsible for keeping your account information confidential. You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is created, transmitted, stored, or displayed by anyone using your account information and for any consequences arising as a result thereof.
You agree to immediately notify Streemfire of any unauthorized use of your account information, your account, or any other breach of security. If you believe someone has accessed the Service using your credentials without your authorization, it is your responsibility to change your password or contact Streemfire’s customer service department.
Streemfire cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You are solely responsible for obtaining the computing equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

User Conduct

You acknowledge and agree that all Content transmitted or stored using the Service is the sole responsibility of the person(s) originating such Content and introducing such Content into the Service.
You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio or video content, copyright laws, privacy laws, and the storage and transmission of data and technology). You agree to comply with all local laws and rules regarding acceptable use of and conduct on the Internet.
Without limiting the foregoing, you shall be deemed to represent and warrant to Streemfire that you have the unfettered legal rights and authority to permit you to submit your Content to Streemfire in connection with your use of the Service, and such submission and the grant to Streemfire of the rights you grant herein in connection with Streemfire’s offering and operation of the Service does not infringe the rights of any person or third party.

You further agree to not:
(a) use the Service for illegal purposes or for promotion of dangerous activities;
(b) upload, store or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, store or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, store or transmit any illegal Content, in particular Content that violates legal prohibitions, including, but not limited to Content of pornographic, abusive, offensive, racist, xenophobic, derogatory (especially sexually derogatory), blasphemous, discriminatory, discrediting, politically extremist or otherwise objectionable nature. The establishment of links to prohibited Content is also prohibited Content;
(e) upload, store or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) engage in commercial activities within the Service or on behalf of Streemfire without prior approval;
(g) exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person’s entries or other Content when you have not been granted the right to do so;
(h) access (or attempt to access) any part of the Service by any means other than through the interface that is provided by Streemfire (unless you have been specifically allowed to do so in a separate agreement), or access (or attempt to access) any part of the Service through any automated means (including use of scripts, web crawlers, or the like) or otherwise engage with the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others;
(i) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service unless you have been specifically allowed to do so in a separate agreement; or
(j) reverse engineer, decompile, or disassemble any software provided by Streemfire as part of the Service.

Streemfire reserves the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available within the Service, without obligation to any person. You understand that, notwithstanding these Terms of Service, you may be exposed to offensive, indecent or objectionable Content when using the Service, and, accordingly, you use the Service at your own risk.

User Feedback and Contributions

By submitting any ideas, suggestions, documents and/or proposals to Streemfire (collectively, “Contributions”), you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) Streemfire is not under any obligation of confidentiality, express or implied, with respect to such Contributions;
(c) Streemfire shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Streemfire may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of Streemfire without any obligation of Streemfire to you; and
(f) you are not entitled to any accounting, compensation, or reimbursement of any kind from Streemfire under any circumstances.

Rights to Use the Service

Subject to the terms and conditions within these Terms of Service, Streemfire grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to utilize the Service.

Content Rights

Publishers of Content retain their rights to any Content they upload, store, or transmit on or through the Service. By publishing, uploading, storing, or transmitting Content on or through the Service, you grant Streemfire a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to store, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content, solely for the purpose of the Service, in any and all media or distribution methods (now known or later developed).
If you delete your Content, Streemfire will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
As a Subscriber of the Services, Streemfire grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to stream, view, display, perform, distribute the Content of other Streemfire users solely in connection with your use of, and in accordance with the functionality and restrictions of the Service.

Proprietary Rights, Licenses and Limitations

All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Streemfire and its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of Austria and foreign countries.
Nothing in these Terms of Service gives you a right to use the Streemfire name or any of the Streemfire intellectual property rights, trademarks, logos, domain names, and other distinctive brand features, except for the limited license rights specifically granted to you in these Terms of Service.
Except for the limited license and other rights granted in these Terms of Service, you retain all of the rights you had in your Content before you submitted it. Unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent.

Other Intellectual Property Rights

Streemfire respects the intellectual property of others. In the event that Streemfire becomes aware that Content published on or through the Streemfire Service has been provided by a person who is not a valid rights holder, Streemfire may at its discretion, take down, disable and/or terminate the publication of such Content.
If you are a copyright owner or an agent thereof and believe that your work has been used or published in the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Streemfire with a formal written notice in accordance with the procedure herein and containing the following information in English language:

(a) You must clearly identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site);
(b) You must clearly identify the material that is infringing your copyright and that is to be removed or access to which is to be disabled by Streemfire. You also need to provide information reasonably sufficient to permit Streemfire to locate the infringing material (for example, the URL of the web page on which the material appears. It is very useful to also include a screenshot of the infringing material online).
(c) You must state your full contact info, including full name, address, telephone number and e-mail address
(d) You must state that you have the right to proceed because you are the copyright owner or the copyright owner’s agent.

Send the written communication to:
Email: [office AT streemfire.com]
Regular mail: SF Media GmbH
Herrengasse 6-8/1/19, 1010 Vienna, Austria
Attn: Compliance Manager

YouTube Terms of Service

The Streemfire Light for YouTube Live version is played out via YouTube live streaming.
In addition to Streemfire´s Terms of Service as the publisher of Content, you must follow the YouTube Terms of Service if the playout is streamed over the YouTube platform. The current YouTube Terms of Service can be found here. Furthermore, the Terms of Service of YouTube live streaming are applicable as stated:

These terms regarding live streaming (the "Terms") are for you, the content provider that has contracted with Google ("You"), through the Content License Agreement, Content Hosting Services Agreement, Sound Recording and Audiovisual Agreement, Channel Distribution Agreement and/or the YouTube Terms of Service (any of which are referred to below as the "Agreement"). Through the live streaming account feature, You may live stream content (the "Live Content") through Your YouTube channel and You may be provided with the option of archiving the Live Content for subsequent viewing (the "Archived Content"). The Live Content must comply with the YouTube Community Guidelines. Notwithstanding anything to the contrary in the Agreement, You represent and warrant that You have all necessary rights for the exploitation of the Live Content on the Google Services throughout the world, including, without limitation, music licensing rights from artists, record labels, publishers (including public performance licenses) and any other royalty participants. You agree to comply with all applicable laws, rules and regulations regarding the Live Content. The Live Content and the Archived Content, if any, will constitute "Provider Content," "Original Channel Content," or "Your Content" as applicable, pursuant to your Agreement with Google and are subject to the terms of that Agreement. Provider warrants and represents that it has satisfied all regulatory requirements in the Live Stream Territory, including without limitation all licensing, registration or notification requirements, and will maintain such licenses (including any broadcast licenses), registrations, consents, notifications or approvals for the duration of the Live Stream Term.

Privacy Policy

The Streemfire Privacy Policy is published at http://www.streemfire.com/privacy and governs our collection and use of your information including, without limitation, the use of your account information and your Content. By using the Service, you consent to the collection and use of this information as set forth in our Privacy Policy.

Cookies

Streemfire uses a technology called “cookies” as part of its normal business procedures to enhance the user experience and to track patterns of behaviour of visitors to the Services.
A cookie is an element of data that a website sends to your browser that is then stored on your system. Any information collected in this way can be used to identify you unless you change your browser settings. You can set your browser to prevent this happening.
Streemfire uses third party vendors like Google to analyze the usage of the Streemfire Service.
These third parties collect information, including but not limited to the placement of cookies, about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages.
These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works. By using the Service, you agree that Streemfire or third parties used by Streemfire can place these types of cookies on your device.

Termination

You may discontinue the use of the Service at any time by sending written notice to [office AT streemfire.com] at least sixty (60) days prior to your desired termination date.

Streemfire may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for Streemfire terminating your account or the Service include, without limitation:
(a) breach or violation of these Terms of Service or any separate agreement;
(b) your request or self-effecting account deletion;
(c) an extended period of inactivity (determined in Streemfire’s sole discretion);
(d) your nonpayment of any fees or other sums due to Streemfire or any other party related to your use of the Service;
(e) requests by law enforcement or other government agencies;
(f) the discontinuance or material modification to the Service (or any part thereof);
(g) unexpected technical or security issues or problems.

Streemfire can terminate the Service for all accounts as part of a general shut down of the Service. If this occurs, it will be announced in advance. In the event of any termination, Streemfire will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.

Advertisements and Links

The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service and may be targeted to Content subject matter. You hereby agree that Streemfire may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service.
The Streemfire Service may contain links to websites operated by other parties. Streemfire has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Service, you expressly relieve Streemfire from any and all liability arising from your use of any third-party website.

Indemnity

To the extent permitted by applicable law you agree to indemnify and hold Streemfire and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Streemfire by any third party arising out of your use of the Service and/or any content submitted, posted or transmitted on or through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Streemfire in consequence of your breach of these terms and conditions

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STREEMFIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) STREEMFIRE DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREEMFIRE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT STREEMFIRE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF STREEMFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SERVICE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(c) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE;
(e) STREEMFIRE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
(f) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION;
(g) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE;
(h) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE;
(i) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR
(j) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND STREEMFIRES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Notices

You agree that Streemfire may communicate with you electronically. Streemfire may provide notices to you by posting them on our Website, or by sending them to an email address or street address that you previously provided to us.
Except where these Terms of Service or any separate agreement specifically provides for use of a different means or address for notice, any notice hereunder to Streemfire must be delivered by email to [office AT streemfire.com]. This email address may be updated as part of any update to these Terms of Service.

General Terms

This Agreement, as modified from time to time, constitutes the entire and exclusive agreement between you and Streemfire with respect to the subject matter hereof. This Agreement replaces all prior agreements, written or oral, regarding the subject matter hereof.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
This Agreement is not assignable, transferable, or sub-licensable by you except with Streemfire´s prior written consent. Streemfire may assign this Agreement in whole or in part at any time without your consent.
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Streemfire in any respect whatsoever.
Streemfire reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not Streemfire provides you any other notice of such changes. Streemfire will indicate the effective date of each update at the top of the Terms of Service.

Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the Republic of Austria without regard to or application of its conflict of law provisions or your state or country of residence.
We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations.
We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
By using the Site and submitting any personal information, you consent to the transfer of personal information to other countries, such as the United States, which may provide a level of data security different from your country of residence.