Accord de licence




1. Your relationship with Uastreaming1.1 Your use of the Uastreaming website ("Website") and other Uastreaming products, channels, software, feeds and services, including the embeddable video player ("Uastreaming Player") provided to you by Uastreaming on the Website or from the Website (collectively, the "Service") is subject to the terms of the agreement between you and Uastreaming.1.2 Your contract with Uastreaming consists of (A) the terms and conditions set forth herein.1.3 The Terms constitute a legally binding contract between You and Uastreaming in relation to Your use of the Service. It is important that you read them carefully.1.4 The Terms apply to all users of the Service, including users who also provide information to the Service. "Content" includes text, software, scripts, graphics, photographs, sounds, music, videos, audio-visual combinations, interactive features and other materials that you may view, receive or make available through the Service.1.5. As part of the Service, Uastreaming allows Content to be hosted, stored and accessed upon request, and Uastreaming does not make any changes or corrections to such Content.2. Acceptance2.1 You must agree to the Terms in order to use the Service. You may not use the Service if you do not agree to the Terms.2.2 You accept the Terms by using the Service. You understand and agree that Uastreaming will treat your use of the Service as acceptance of the Terms from such time.2.3 You may not use the Service and may not indicate your acceptance of the Terms if (a) you are under the age of entering into a legally binding contract with Uastreaming, or (b) you are a person who is legally prohibited from receiving or using the Service subject to the laws of your country of residence or the country from which you access or use the Service.2.4 You must print or save on a local disk a copy of the Terms for your information.3. Changes to the TermsUastreaming reserves the right to change the Terms from time to time, for example, to reflect changes in regulations or changes in the functionality provided by the Service. As such, you should check the Terms regularly for such changes. An amended version of the Terms (“Amended Terms”) will be posted at http://Uastreaming.net/terms or made available as part of the Service (subject to amended additional terms). If You do not agree to the Amended Terms, You must stop using the Service. Your continued use of the Service following the posting of the Amended Terms will constitute your acceptance of the Amended Terms.4. Accounts Uastreaming4.1 In order to access certain features of the Website or other elements of the Service, you must create a Uastreaming account. When creating your account, you must provide complete and accurate information. It is important that you keep your Uastreaming account password secure.4.2 You must promptly notify Uastreaming of any breach of security or unauthorized use of your Uastreaming account that you become aware of.4.3 You agree that you are fully responsible (to Uastreaming and others) for any actions performed from your Uastreaming account.5. General usage restrictions5.1 Uastreaming hereby grants you permission to access and use the Service, provided that you refrain from the following actions, which, if performed, will be considered a violation of these Terms on your part:You agree not to distribute part or parts of the Website or the Service, including, but not limited to, any Content, in any medium without the prior written permission of Uastreaming, unless Uastreaming provides the means for such distribution through the functionality offered by the Service (for example, , Player Uastreaming);You agree not to change or modify any part of the Website or Service (including, but not limited to, the Uastreaming Player and related technologies);You agree not to access the Content through any technology or means other than the video playback pages on the Website itself, the Uastreaming Player or any other similar means that Uastreaming may specifically make available for that purpose;You agree not to (or attempt to do) the following: bypass, disable or otherwise interfere with any security-related features (protective measures) of the Website or features (protective measures) that (i) prevent or restrict the use or copying any Content, or (II) impose restrictions on the use of the Service or information that may be accessed through the Service;You agree not to use the Service (including the Uastreaming Player) for any of the following commercial uses without Uastreaming's prior written permission:selling access to the Servicesales of advertising, sponsorship or promotions placed on the Service or in conjunction with Content;selling advertising, sponsorship or promotions on any page of an ad-supported blog or website containing Content provided through the Service, unless the same page contains other non-Uastreaming material of sufficient value to serve as a basis for similar salesprohibited commercial use does not include (i) uploading an original video to Uastreaming, (ii) maintaining an original channel on the Website to promote a commercial or artistic enterprise, (iii) displaying a Uastreaming video using the Uastreaming Player or otherwise on an ad-supported blog page, or website, subject to the limitations set forth in Section 5.1(E)(III) above; and (iv) any use expressly authorized by Uastreaming in writing;If you use the Uastreaming Player on your website, you agree not to modify, add to or block any part or functionality of the Uastreaming Player, including, but not limited to, links to the Website;You agree not to use or run any automated system (including, without limitation, any robots, spiders or offline readers) that accesses the Website in such a way that Uastreaming servers are sent to Uastreaming servers for a certain period of time more requests than the user is able to make in the same period using a public, standard (ie, unmodified) web browser;You agree not to collect or extract any personal data about any user of the Website or any Service (and agree that this also applies to Uastreaming account names);You agree not to use the Website or the Services (including the comments and email features on the Website) to solicit commercial orders for the purposes of trading or in connection with a commercial enterprise;You agree not to solicit, for commercial purposes, users of the Website about their Content; as well asYou agree not to access the Content for any purpose other than Your personal and non-commercial use, solely in accordance with the purposes and permitted by the normal functions of the Service, and solely for "Streaming". "Streaming" means the digital transmission of Uastreaming materials over the Internet and to a device installed by an Internet user, intended to be viewed in real time and not intended to be downloaded (permanently or temporarily), copied, stored or further distributed by the user.You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content for any other purpose without the prior written consent of Uastreaming or the relevant licensors of the Content.You undertake not to place the content of the Uastreaming service on sites of related or identical subjects without the prior written permission of Uastreaming.5.2 You agree to be bound by all other provisions of the Uastreaming Community Terms and Guidelines while using the Service at all times.5.3 Uastreaming grants public search engine operators permission to use search spiders to copy material from the Site solely for the purpose of organizing public search indexes of the material, and not to create caches or archives of such material. Uastreaming reserves the right to revoke these permissions in general or in individual cases.5.4.Uastreaming is constantly improving its services to provide the best experience to its users. You acknowledge and agree that the form and nature of the Service provided by Uastreaming may change from time to time without notice to you.5.5 You acknowledge and agree that, as part of such continuous improvement, Uastreaming may discontinue (permanently or temporarily) the provision of the Service (or any features within the Service) to you or generally to all users in its sole discretion and without prior notice to you . You may stop using the Service at any time. You are not required to notify Uastreaming that you are no longer using the Service.5.6 You agree that You are solely responsible (and Uastreaming has no liability to You or any third party) for any breach of Your obligations under these Terms and for the consequences of such breach (including any loss or damage that can be applied Uastreaming).6. Copyright Policy6.1 Uastreaming maintains a clear copyright policy with respect to any Content that allegedly infringes the copyrights of a third party.6.2 In accordance with its copyright policy, Uastreaming will terminate a user's access to the Service if the user is found to be an infringer.6.3 Uastreaming reminds You that, as an account holder and/or user of the Uastreaming Service, You are liable under applicable law if You infringe any third party copyright or related rights, or use the Service for unlawful purposes.7. Content7.1 As the owner of the Uastreaming account, you may submit Content. You understand that, whether published or not, Uastreaming does not guarantee confidentiality with respect to Content.7.2 You retain all rights in Your Content, however You agree to grant limited license rights to Uastreaming and other users of the Service. These rights are described in Clause 8 of these Terms (Rights You License).7.3 You understand and agree that You are solely responsible for Your own Content and for the consequences of uploading, posting or publishing it on the Website. Uastreaming does not endorse any Content or any of the opinions, recommendations or advice expressed therein, and to the extent applicable law allows, is not responsible for the content of such Content.7.4 You warrant that You hold (and will hold during Your use of the Service) all necessary licenses, rights, consents and permissions required for Uastreaming to use Your Content to provide the Service by Uastreaming, and to use Your Content in any other way. in the manner provided for by the Service and these Terms.7.5 You agree not to upload, post or make available Content that contains material that is illegal for you to own or distribute in your country of residence, or that Uastreaming would be illegal to use, own or distribute in connection with the provision of the Service.7.6 You agree that the Content You provide for the Service will not contain material that is subject to copyright or other rights of a third party (including the right to privacy or the right to portray a citizen), unless You have consented to this. or permission from the copyright holder, or other legally enforceable right, to upload to the Website, post and make available to the public the relevant material, and grant Uastreaming the license specified in Clause 8.1.7.7 If Uastreaming becomes aware of a possible violation of these Terms, Uastreaming reserves the right (but has no obligation) to decide on the compliance of the Content with the requirements set forth in these Terms, and may also remove such Content and / or terminate the user's access to uploading to the Content violates these Terms, at any time, without prior notice and at its sole discretion.7.8 You further understand and acknowledge that when using the Service, you may be exposed to Content that is not factual, offensive, indecent or otherwise objectionable to you. To the extent permitted by applicable law, you waive any claims against Uastreaming in respect of any such Content.7.9 Uastreaming is not responsible for any use (legal or illegal) of the Content by a third party.8. Rights licensed by you8.1 When you upload or post Content to Uastreaming, you provide:to Uastreaming a non-exclusive, royalty-free license, with the right to sublicense, to use your Content on the territory of Ukraine and other countries of the world, in particular, the right to reproduce, distribute, process or create derivative works from it, public display, bringing to the public, and also the public performance of such Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and the commercial activities of Uastreaming, including, without limitation, the promotion and distribution of the Service in whole or in part (and its derivative works) in any media formats (and any media channels)each user of the Service a non-exclusive, royalty-free license in Ukraine and other countries of the world to access Your Content through the Service, as well as to use Your Content and, in particular, the right to reproduce, distribute, adapt or create derivative works from it, public display, making available to the public and publicly performing such Content to the extent permitted by the functionality of the Service and these Terms.8.2 The above licenses are granted by You for the duration of Your exclusive rights to such Content, unless it has been previously withdrawn or removed by You from the Website. The above licenses for text comments that you submit as Content are granted for the duration of your exclusive rights to such text comments.8.3. Uastreaming and users of the Service are under no obligation to provide You with reports on the use of Your Content.9. Uastreaming Content on the Website9.1 With the exception of Content provided by You to the Service, other Content hosted on the Service is owned by Uastreaming or licensed by Uastreaming and is subject to the copyrights, trademark rights, and other intellectual property rights of Uastreaming or Uastreaming's licensors. Any trademarks or service marks of a third party appearing in Content that was not uploaded or posted on the Website by you are trademarks or service marks of their respective holders. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise used for any purpose without the prior written consent of Uastreaming or, if applicable, Uastreaming's licensor. Uastreaming and its licensors reserve all rights not expressly granted in their Content.10. Links with Uastreaming10.1 The Service may contain hyperlinks to other websites that are not owned or controlled by Uastreaming. Uastreaming does not control and assumes no responsibility for the content, privacy policies or rules (instructions) of any third party websites.10.2 You acknowledge and agree that Uastreaming is not responsible for the availability of such external sites or resources and does not endorse any advertising, products or other materials that are located on or may be obtained from such websites or resources.10.3 You acknowledge and agree that Uastreaming is not responsible for any loss or damage that you may suffer as a result of the availability of such external sites or resources, or as a result of your reliance on the completeness, accuracy or availability of advertising, products or other materials that are located on such websites or resources, or may be obtained from them.10.4 Uastreaming encourages you to review the privacy policies of the websites you visit when you leave the Service Website.11. Ending your relationship with Uastreaming11.1 The Terms will continue to apply until terminated by You or Uastreaming as set forth below.11.2 If you wish to terminate your agreement with Uastreaming, you may do so by (a) giving notice to Uastreaming at any time and (b) closing your Uastreaming account. Your notice must be sent in writing to Uastreaming at the beginning of these Terms.11.3 Uastreaming may terminate its contract with you at any time if:You have violated any provision of the Terms (or Your behavior clearly indicates that You do not intend or are unable to comply with the provisions of the Terms); orUastreaming is required to do so by law (for example, if providing you with the Service is or becomes unlawful)11.4 Uastreaming may terminate its contract with you if:Uastreaming is in the process of ceasing to provide the Service to users in the country in which you permanently reside or from which you access the Service; orIn the opinion of Uastreaming, it is no longer commercially viable to provide the Service to you.12. Exclusion of warranties12.1 Nothing in the Terms affects your rights under the law and which you cannot contractually waive.12.2 The Service is provided on an "as is" basis and Uastreaming makes no warranties or representations to you with respect to it.12.3 In particular, Uastreaming does not warrant that:Your use of the Service will be tailored to your needs,Your use of the Service will be uninterrupted, timely, secure or error-free,any information obtained by you as a result of your use of the Service will be accurate or reliable, anddefects in the operation or functionality of any software provided to you as part of the Service will be corrected.12.4 No conditions, warranties or other terms (including any implied terms of satisfactory quality, fitness for a particular purpose, or conformity to description) apply to the Service, except as expressly set forth in the Terms.13. Disclaimer13.1 Nothing in these Terms shall exclude or limit Uastreaming's liability for damages that cannot be excluded or limited by applicable law, including liability for willful infringement.13.2 Subject to the foregoing in Clause 13.1, Uastreaming shall not be liable to you for:any indirect or consequential loss that you may incur. This includes loss of profits, loss of goodwill or loss of data suffered by you;any loss or damage that you may suffer as a result of:any instance in which you have relied on the completeness, accuracy, or availability of an advertisement, or as a result of any relationship or transaction between you and an advertiser or sponsor whose advertisement appears on the Service;any changes Uastreaming may make to the Service, or any permanent or temporary discontinuation of the Service (or any features within the Service);deletion, corruption or failure to store Content and other communication data maintained or transmitted through your use of the Service;Your failure to provide Uastreaming with accurate account information;Your failure to keep your password or Uastreaming account details confidential.13.3. The limitations of Uastreaming's liability to You as set out in Clause 13.2 above shall apply regardless of whether Uastreaming was warned or should have known of the possibility of such damages.14. General legal terms14.1 The Terms constitute the entire agreement between You and Uastreaming and govern Your use of the Service and completely supersede any prior agreements between You and Uastreaming with respect to the Service. All other terms of use as may be enforced by Google Inc. or its affiliates from time to time are expressly excluded from these Terms.14.2 You agree that Uastreaming may notify You, including with respect to changes to the Terms, by email, regular mail, or through announcements on the Service's website.14.3 You agree that if Uastreaming does not pursue the remedy set forth in the Terms (or which Uastreaming has under any applicable law), this shall not be construed as a formal waiver of Uastreaming's rights, and such rights or remedies continue to be at the disposal of Uastreaming.14.4 If a court having jurisdiction over such matter decides that any provision of these Terms is invalid, that provision shall be severed from the Terms without affecting the remainder of the Terms. The remaining provisions of the Terms shall remain in effect.14.5 You acknowledge and agree that each member of the group of companies to which Uastreaming belongs is a beneficiary of the Terms, and that such companies may directly enforce and rely on any provision of the Terms that provides them with any advantage (or rights). No other person or entity is a third party beneficiary of the Terms.14.6 The Terms and Your relationship with Uastreaming in accordance with the Terms shall be governed by and all disputes arising in connection with these Terms or Your use of the Service shall be resolved in accordance with the applicable laws of Ukraine. At the same time, Uastreaming has the right to apply for interim measures (or other equivalent types of urgent legal protection) in any jurisdiction.

Date: July 17, 2017