§ 1

Interpretation

The following definitions and rules of interpretation apply in these Conditions.

Definitions:

1. “You” or “Viewer” – any person viewing a live broadcast through the Platform accessed via a link generated by the Vendor.
2. “Conditions” – these Terms and Conditions.
3. “Vendor” – a company, entity, institution, organization or an individual who uses the Platform to broadcast streams and offer products or services for sale.
4. “Vendor’s Content” – all text, information, data, software, images, audio or video material in whatever medium or form owned by the Vendor, in particular audiovisual materials broadcasted by a Vendor in order to view them via links generated by the Vendor using the Platform.
5. “Intellectual Property Rights” – patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off [or unfair competition], rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
6. “Service” or “Platform” – a free-of-charge audiovisual media service consisting of providing the Viewer with audiovisual materials broadcasted by a Vendor in order to view them via links generated by the Vendor using the https://console.streamsage.io/ website, in particular at a time and place selected by the Viewer as well as to purchase products or services advertised by Vendors in their broadcasts directly from the Vendor’s website.
7. “Website” - The Stream Sage website available at: https://www.streamsage.io/.
8. “Stream Sage”, „Supplier” or „We” – Stream Sage Inc. with the registered office in Dover - 8 The Green, Ste R, Dover, DE 19901.

Interpretation:

1. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression, be construed as illustrative and not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. A reference to writing or written includes fax and e-mail.

§ 3

General Provisions

1. Viewers are obliged to use the Platform in accordance with these Conditions, provisions of generally applicable laws, as well as accepted norms and standards.
2. In connection with your use of our Platform you agree to adhere to, where applicable, appropriate third-party specific requirements, including without limitation its community standards, third-party resources, third-party page terms and other policies.
3. Stream Sage takes necessary steps to ensure that the Platform functions properly, to the extent resulting from the current technical knowledge and undertakes to remove any irregularities reported by You within a reasonable time.
4. You may not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You may not attempt to gain unauthorised access to the Platform, the server on which our Platform is stored or any server, computer or database connected to Platform.

§ 4

The Services

1. The Services we supply to Viewers consist of granting access to watch live broadcasts and recorded audio-visual works, to view products offered by Vendors, to link to Vendors’ websites offering these products, and a chat function allowing for interactions between the Vendor and the Viewers during a stream.
2. The purpose of our Platform is solely to facilitate the advertisement of products and services offered by Vendors to audiences through live video advertising and to allow Viewers to easily purchase advertised products and services directly from the Vendor’s website.
3. We emphasise that all purchases made by Viewers as a result of viewing a product or service in a live stream on our Platform are made directly on the Vendor’s website. This means, in particular, that Stream Sage is not a party to any purchases concluded between the Vendor and the Viewer, and any and all claims regarding such transactions may only be settled between the Vendor and the Viewer.
4. The live streams viewable on our Platform are often embedded from third-party websites. Because of this, the Platform may contain links to these third-party websites or features. This also means that by using our Services you are agreeing to be bound by, where appropriate:
  1. YouTube Terms of Service.
  2. Facebook Terms of Service.
  3. Vimeo Terms of Service.
  4. LinkedIn Terms of Service.
  5. Twitter Terms of Service.
  6. Instagram Terms of Service.
5. The list of third-party websites provided above may be amended from time to time.
6. Stream Sage does not have any control over third-party sites and web services, and is not responsible for them. When leaving the Platform to a third-party website the collection, use, and disclosure of your personal information will be governed by the privacy policy of the relevant third party. We recommend that You review the privacy policies and practices of each third party website and online service You visit.

§ 5

Rules of Using the Services

1. Through the Platform, Viewers can view live video streams broadcasted by Vendors. These live video streams are accessible via links generated and shared by Vendors.
2. When entering our Platform via a link Viewers are required to create a username allowing them to use the Platform’s chat function. The username should not be your real name nor should it be created to impersonate a different person or entity. The username should also not be hateful, explicit or inappropriate in any way. It may not be possible to set a username which breaches the above rules. Stream Sage also reserves the right to refuse its services to Viewers whose usernames are in breach of these rules.
3. The Platform offers a chat function which can be used to interact with the Vendor. All messages sent via the chat are viewable by the Vendor and all other Viewers of the particular broadcast, along with the username of the person posting the message.
4. Through the chat function it is forbidden to:
  1. send content violating generally applicable laws, violating morality, vulgar, erotic, evoking racism, persecution for ethnic, cultural or religious reasons, promoting or supporting criminal activities, violating the rights of third parties, including intellectual property rights or constituting another form of violation of legally protected goods,
  2. send junk or spam messages, unsolicited advertising, promotional materials or other material of a solicitations nature, mass mailings of commercial advertisements, chain mailings, informational announcements, solicitations for charities, solicitations for signatures on petitions, and all activities related to promotions and other similar activities,
  3. collect or attempt to collect other Viewer’s, user’s or third parties’ personal data,
  4. send messages intended to mislead other Viewers, impersonate or attempt to impersonate other persons or entities (including the Vendor),
  5. use the chat function contrary to its purpose, and in particular to send viruses, hacking, obtaining passwords, identification data or card data for unlawful purposes, including phishing.

§ 6

Report Abuse Feature

1. We value the security of both our Viewers and our Vendors and we constantly monitor our Platform for any breaches of our Terms of Service or of the law. Whenever we discover an abuse of our Terms and Conditions or of the law we take immediate action to remove the abuse and take steps to avoid similar abuses in the future. These steps may include a refusal to offer (or to cease offering) our Services to entities responsible for the breach.
2. In order to help us detect and react to abuses more effectively we encourage Viewers to report such cases to the following email address: support@streamsage.io. This email can be used to report abuses such as:
  1. fraudulent activity,
  2. breach of IP rights,
  3. violation of personal rights,
  4. violation of generally applicable law,
  5. users under the age of 13,
  6. inappropriate username,
  7. inappropriate use of chat.
3. The email should only be used to report actual or reasonably suspected abuses and should not be used in an unfounded or excessive manner.

§ 7

Limitation of Liability

1. In no event shall either Party be liable to the other for indirect, incidental, special, consequential, exemplary, punitive or other similar damages, including without limitation loss of revenues, profits, business, data or computer time, regardless whether the claim is based on negligence or strict liability, contract or other legal or equitable grounds, even if it has been advised of the possibility of such damages.
2. The limitations of liability are not applicable, however, when a Party has committed a breach or incurred a cost of damage to the other Party with intent or due to gross negligence.
3. It is in Stream Sage’s interests to ensure the Platform functions correctly at all times. Stream Sage makes every effort to ensure that the functioning of the Platform is free from errors and failures and undertakes, as far as technically possible, to remove defects that prevent the use of the Platform, unless such defects were caused due to the Viewer’s fault - especially if the need for such works arises due to the improper use of the Platform by the Viewer or due to defects in the Viewer’s infrastructure.
4. Stream Sage does not guarantee that the operation of the Platform will be uninterrupted or error-free. In particular, Stream Sage is not liable for damages caused by the occurrence of the so-called force majeure.
5. Stream Sage is not responsible for the malfunction of the Platform resulting from the technical condition of the Viewer’s technical infrastructure. In particular, Stream Sage is not responsible for interruptions and any malfunctions in the operation of the Platform caused by lack of network connection or its disruption.
6. Viewers are encouraged to take regular precautions when making purchases from Vendor websites. When a Viewer chooses to purchase goods or services advertised by a Vendor on a live stream he is redirected to the Vendor’s website in order to finalise the purchase. This means that Stream Sage is not a party to any purchases made by Viewers from Vendors and all claims arising from such purchases should be settled between the Vendor and the Viewer.
7. Stream Sage does not, in particular:
8. bear any liability for the goods or services advertised and sold by Vendors, including their quality, accuracy or functionality,
9. make any representations or warranties as to the goods or services sold by Vendors.
10. All videos and marketing materials broadcasted on our Platform by Vendors are created by the Vendors or by third parties at the request of the Vendors. Stream Sage will take action, whenever a particular broadcast is against the Vendors’ Terms and Conditions, however we take no part in the creation of such marketing materials and have no affiliation as to their contents.

§ 8

Force Majeure

1. Neither Party shall be responsible for any failure to fulfil its obligations under this Contract due to cause or event that no human foresight could anticipate or which, if anticipated, could not be evaded through the exercise of due care (the “Force Majeure”).
2. Force Majeure shall include, but not be limited to: war, sabotage, insurrection, riots, terrorist activities, civil disobedience and the like social unrest, nationalization, government sanction, binding acts of public authorities, blockage, embargo, labor dispute, strike, lockout, accidents, acts of nature (such as fire, flood, earthquake, storm, hurricane or other natural disaster) or acts of God.

§ 9

Intelectual Property Rights

1. All Intellectual Property Rights in or arising out of or in connection with the Platform will be owned by Stream Sage.
2. Stream Sage grants Viewers a free, non-exclusive, non-transferable limited, fully revocable licence, without the right to sub-license for the duration of a viewing session, solely for the following purposes:
  1. to use the Platform for its purpose according to these Conditions,
  2. to launch and display the Platform.
3. The Viewer may use the Service only in the manner and for the purposes expressly permitted by these Terms & Conditions.
4. Except as expressly stated herein, these Terms and Conditions do not grant You any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Platform. Any rights not expressly granted under the provisions of these Terms and Conditions are reserved to Stream Sage.
5. The Vendor is solely entitled to all intellectual property regarding the Vendor’s Content and any other materials created by the Vendor, including any images, animations, videos, audio files, fonts, logos, illustrations, compositions, graphics, code, interfaces, texts and literary works and in particular audiovisual materials broadcasted by a Vendor in order to broadcast them via the Platform.
6. The Vendor is solely responsible for any violation of third party rights caused by the Vendor’s Content.
7. This is a grant of a licence, not a transfer of title, and under this licence you may not, in particular:
  1. use the Platform for a purpose other than agreed,
  2. modify, make any corrections, or changes to the Platform’s structure, or copy the Platform or its content’s part,
  3. attempt to decompile or reverse engineer, translate, create derivative works, decipher, decrypt, disassemble or apply any other process or procedure to derive the source code of the Platform,
  4. remove any copyright or other proprietary notations from the Platform,
  5. sub-license, assign or otherwise transfer the rights granted herein.
8. You agree to use reasonable efforts to prevent the unauthorised copying of the Platform.
9. The licence expires when the Viewer finishes a viewing session.

§ 10

Data Projection

1. The controller of the personal data collected and processed through the Platform is Stream Sage, Inc. registered at 1286 Glendower Rd, Scottsville, VA 24590, Virginia, USA, tax number: 85-4187715.
2. Stream Sage does not collect any personal data (understood as data which allows for the identification of an individual) from its Viewers with the exception of clause 12.
3. Stream Sage may collect other kinds of data which do not constitute personal data from Viewers when they are using the Platform - these include statistical, analytical and behavioral information, which allow us to remove potential bugs, security threats or other inconveniences.

§ 11

Termination

1. Without affecting any other right or remedy available to us, We may terminate our Services to you with immediate effect, if in situations beyond reasonable doubt:
  1. You violate the provisions of these Conditions,
  2. You violate accepted norms and standards,
  3. You violate provisions of the generally applicable law,
  4. You behave in a way, which is offensive to Stream Sage or damages our brand reputation.
2. In case of a termination of Services you will be informed about the reason for termination.
3. In case of serious or repeated violations you may be permanently banned from using the Services.

§ 12

Inquiries

1. You may send us inquiries in relation to the operation of our provided Services. The inquiry should be submitted in electronic form and sent to our email address: support.streamsage.io. The inquiry should contain information and circumstances regarding the subject of the inquiry and your contact details.
2. We will review your inquiry immediately and respond to you no later than within 14 days from the date of the submission of the inquiry.
3. By submitting your suggestions or inquiries to Stream Sage, you acknowledge and agree that Stream Sage obtains the right to use or disclose such submissions for any purpose and in any way without compensation to you or information concerning the authorship.
4. When making an inquiry, your contact details will be processed in accordance with our Privacy Policy, available at our Website.

§ 13

Disclaimer

The Services on our Website are provided "as is". Stream Sage makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Stream Sage does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Platform or otherwise relating to the Platform or on any sites linked to this site.

§ 14

Indemnity

1. You are legally responsible for the content You submit in the chat function of the Platform. It is therefore essential that the content You provide to the Platform is appropriate and completely legal.
2. You are solely responsible for any violation of third party rights made by the content You provide to the Platform.
3. You agree to defend, indemnify and hold harmless Stream Sage against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services.

§ 15

Waiver

1. No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
2. All waivers of and consents to any provisions of these Conditions (or any rights, powers or remedies under it) by either Party must be in writing (which includes email) in order to be effective.
3. No waiver or consent granted with respect to one matter or incident shall be construed to operate as a waiver or consent with respect to any different or subsequent matter or incident.

§ 16

Severability

Should an individual provision of the Conditions prove to be invalid or unenforceable, all the rest of the Conditions shall remain unaffected. Any invalid or unenforceable provision shall be replaced with a provision that from a legal perspective approximates as closely as possible the business purpose of the Conditions. The same applies to any additions made to fill gaps in the Conditions.

§ 17

Final Provisions

1. These Conditions may be amended from time to time. Amendments will take place on the day the new Conditions are posted on the Platform. Any significant changes to these Conditions will be announced by the appearance of an appropriate message on our Platform.
2. The captions and headings throughout these Conditions are for convenience and reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction, or meaning of any provision of or the scope or intent of these Conditions, nor in any way affect the Conditions.
3. To any matters not specified in these Conditions relevant provisions of the laws of Delaware shall apply.
4. The parties shall attempt to settle any dispute resulting from performance of the provisions of these Conditions in an amicable way. If this does not prove successful, the courts of Delaware shall have jurisdiction in case of any claims arising from or in connection with these Conditions.

Terms and Conditions - for Viewers