Terms of Service 09.01.2018
If a user disagrees to be bound by the conditions of these Terms, a user is not allowed to use the Streamspread and its Services.
These Terms shall be read CAREFULLY to ensure that users understand each provision. These Terms contain all rights and obligations both for users and the Steamspread.
The Streamspread means a Live Stream Promotion Network for enabling users to promote Advertiser’s live stream and monetize the Publisher’s websites through a fully customized platform and dedicated support team.
“Users” means all Streamspread’s users, which are divided into two categories:
Advertisers - is a person (or rather a role of a person within the platform), who is interested in placing advertisement content into viewports located within the sites of the selected Publishers. An Advertiser is supplied with all the tools to select the right Publishers, relying on the statistics of his audience such as unique visitors, traffic, et cetera. An Advertiser is the only one who deposits funds into the system. The funds are used to pay Publishers for providing their websites for advertisement.
Publishers – is a person (or rather a role of a person within the platform), who owns the website that holds viewports. A Publisher is provided will all necessary tools for managing his website/s, viewports and configurations. A Publisher is paid for placing advertisement on his website/s by the means of Viewports. The paying party is always an Advertiser, who is interested in placing his streams within the selected Publisher’s sites and viewports. The platform is an intermediary.
“Services” means the provision to users of the optional hosting, support services and access to software, which may be provided by the Streamspread under the specific terms for each such service, including any Streamspread applications (including, but not limited to mobile applications), software and websites, and any information, text, graphics, drawings, photos or other materials, which have been uploaded by users, downloaded or appearing in the Streamspread.
“Software” means the Streamspread software, which allows to monetize websites and to promote live stream by users.
“Content” means any information, text, graphics, drawings, photos or other materials, which have been uploaded by users, downloaded or appearing in the Streamspread.
“Streamspread’s website” – the website located at http://streamspread.com/.
“Viewport/s” – is a (virtual) place on a website, where the stream is located and seen in a “window” on the screen of a user’s device, namely a flesh-player or window, in which an Advertiser’s live stream shall be located.
Users are responsible for use of the Services, for any Content they post to the Streamspread and for any consequences thereof. The Content a user submits, posts, or displays will be viewed by other users of the Services and through third parties’ services and websites. A user should only provide Content that he/she is desiring to share with other users under these Terms. A user may use the Services only if he/she:
1.Has accepted these Terms, and
2.Has no prohibition to use services under the laws of the Delaware state (USA) or other applicable jurisdiction.
If a user accepts these Terms and uses the Services on behalf of a company, organization, government, or other legal entity, a user shall represent and warrant that he/she is authorized respectively. A user may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
In order to use the Software and Services, users must complete the registration process as an Advertiser or a Publisher, depending on their purposes. For the registration process the Streamspread require from users to specify an e-mail, select a password and their country. In addition to mandatory requirements, users may add additional information to their accounts – phone number, first and last name etc.
Note that a user is solely responsible for saving the passwords or data that he/she uses to access the Streamspread and its Services and for any activities or actions, which committed under his/her account. Users are not allowed to use another user’s account without permission. We recommend using "safe" passwords for accounts and for other accounts that a user may connect with the Streamspread’s account.
A user may control his/her User profile and account settings by changing the settings that are accessible from user’s Profile screen. The Streamspread may not and shall not be liable for any loss or damage arising from user’s failure to comply with the requirements above.
A user is responsible for keeping his/her e-mail address and telephone number up to date in his/her account profile in order to receive any notices or alerts that we may send. We assume no responsibility for any loss that a user may sustain due to compromise of his/her sensitive information or failure to follow or act on any notices or alerts that we may send to. In the event that a user considers that his/her Streamspread account has been compromised it is recommended to contact the Streamspread support at email@example.com immediately.
Advertiser account is one of the two types of the users’ accounts. This account is for streamers, who want to promote their live stream video through a website of a Publisher. By using the Streamspread’s Services and Software and depending on own needs and budget the Advertisers can choose websites, which offers best circumstances.
Publisher account is a one of the two types of the users’ accounts. This account is for a websites’ owners who want to attract more users, increase their traffic and monetize it. Using the Streamspread’s Services and Software, Publishers can choose live streams depending on the desired characteristics and websites features.
Wallets and payments
The Streamspread provides wallets for all users, which will be available in their accounts immediately after registration process.
All users may link their wallets to the payment systems, which will be available in the users’ accounts. The Streamspread’s payment currency is USD.
After completing the registration process, the Advertiser shall deposit funds in their wallet, thus forming its own budget in the Streamspread. Then, the Advertiser specifies a certain sum of deposited funds that may be spent for the boosting and scale audience for one stream. If the Advertiser has no budget (zero- budget) then the Streamspread’s Services will not be provided.
Advertisers’ wallets allow to carry out addition and/or withdrawal of funds. The Advertisers may deposit or withdraw funds from their accounts at any time, except when the funds are reserved for payouts to the Publishers. The minimum amount of the Advertiser's funds on its accounts is USD 25.
After completing the registration process, the Publisher may receive a payment on its wallet by transfer from the Streamspread. The Publishers’ wallets allow to carry out only withdrawal of funds.
Following the receipt of funds to the wallet the Publisher has the ability to withdraw these funds from its account provided that the minimum amount of payment has been achieved. The minimum amount of the Publishers’ funds, which can be withdrawn, is USD 100. The withdrawals may be processed once a month (within 90 days) after the Publisher sends a request of a withdrawal. Note that the Streamspread has the right to fully or partially refuse the Publisher’s payment request in accordance with the provisions of paragraph 4 of these Terms.
The Streamspread reserves the right to withhold payments from the Publisher if he/she has engaged in activity that is either prohibited hereunder or is outside the scope of terms and conditions hereof.
The Streamspread shall withhold a part of the funds for its services from the payments to a Publisher. The amount of such withholding/s is accessible in a profile of a Publisher.
StreamSpread acts as a third party for advertisers, therefore Publisher understands and agrees that payment for Publisher’s revenue is dependent upon payments from advertisers to StreamSpread that it has received without any restrictions. You hereby release StreamSpread from any claim for Publisher’s revenue if StreamSpread did not receive funds from the advertiser. Publisher shall hold StreamSpread harmless and indemnify it from any claims or liability related to such unpaid revenue.
PPM and PPV activities
Note that the Publisher can get a payment for his/her activities arising out from his/her website on PPM (pay per minute) or PPV (pay per view) monetization basis.
PPM is a monetization model also known as Pay-Per-Minute. This model is widely used for the monetization of media content, where a viewer is charged or rewarded for each minute of a media content that has been viewed or listened. The model can be adapted for smaller discrete units of monetization, such as seconds or similar; this does not change the mechanics and applications of this model too much. Models of monetization should be configurable on a per-stream basis.
PPV is a monetization model also known as Pay-Per-View. It is the most common model used for monetizing media content, where a viewer is charged or rewarded for the fact of viewing a piece of media. Usually a fringe condition is introduced in order to determine when the content is considered viewed. Typically, the timing solution is used for this: if the content has been correctly played and then viewed by a viewer for at least 3 seconds (arbitrary number) – it is considered as viewed.
Traffic analysis and counting
Payments to the Publishers are made only as a result of the traffic analysis. Note that Publishers may receive payments from the Advertisers only for valid PPM and/or PPV activity. Invalid PPM/PPV activity (not human-generated traffic) shall not count towards any payout calculation.
Invalid PPM/PPV activity consists of any methods that may artificially inflate an advertiser's costs or a publisher's earnings, and for which we decide not to charge the Advertiser. This includes, but is not limited to, PPM/PPV activity generated by the Publisher actions with his/her own website, automated tools or traffic sources, robots, or other deceptive software.
The Streamspread shall have the responsibility in its sole and reasonable discretion for calculation of statistics and payments, including, but not limited to, bids, unique visitors, PPM/PPV activities and revenue generated on or through the Publisher websites, as applicable. The Publisher acknowledges that in some cases, the Streamspread will need to make adjustments to statistics reported in the user interface due to specific contractual provisions, invalid click activity, statistical errors etc.
All Content, regardless of the method of placement and the publication, is the sole responsibility of the person, who made this Content. The Streamspread may, but is not obliged to control the Content posted via the Services and the Streamspread may not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by the user through the Services is at his/her own risk.
The Streamspread does not accept any Publisher website and Advertiser live stream that contains the following content:
1.Any content that contains or promotes concepts that are hateful or disparaging towards any race, religion, gender, sexual orientation or nationality;
2.Any content that promotes firearms, bombs and other weapons or how-to guides for any of the above;
3.Any content that contains or promotes illegal activities, including, but not limited to hacking, phreaking and online gambling;
4.Any content that contains or promotes pornography or graphic sexual depictions;
5.Any content that contains, promotes or links to indecent, or obscene subject matter;
6.Any content that facilitates or promotes illegal file-sharing (MP3s, copyright protected video, or the equivalent) (collectively referred to as the “Prohibited Content”).
The Publishers and the Advertisers represent and warrant that during the term of use of the Services none of the Publisher’s websites and/or Advertiser’s live stream video shall not contain or promote Prohibited Content. Otherwise, the Streamspread reserves the right to reject or block user account at any time at its sole discretion.
The Streamspread provides users with personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the Software as part of the Streamspread Services. This license is for the sole purpose of enabling users to use and enjoy the benefit of the Services as provided by the Streamspread, as it is permitted by these Terms.
Unless otherwise stated, our licensors or we own the Service’s intellectual property rights and Service’s data. Subject to the license below, all intellectual property rights are reserved.
These Terms does not transfer from the Streamspread to users any intellectual property and any rights, titles and interests in and such intellectual property will remain solely with the Streamspread. The Streamspread, its logo and all other trademarks, service marks, graphics and logos in connection with usage of the Services or the Streamspread’s website are trademarks or registered trademarks of the Streamspread or its licensors.
The Streamspread has a right, including, but not limited to:
2.Modify, suspend or cancel all or part of these Terms;
3.Carry out from time to time technical work or modifications as a result of which an access to the Services (with advance notice) may be partially or completely restricted;
5.Display advertisements on the Streamspread’s website.
6.Reserve the right to alter, amend or delete the provisions of these Terms without subsequent notification of users.
7.Determine the amount of payments for the Publishers based on the information obtained as a result of traffic analysis, statistical analysis and other technical parameters.
Laws and taxes
Users are solely responsible for compliance with all the rules, obligations and requirements of the Services within their residency jurisdiction.
The above mentioned provision includes users’ responsibility to determine what taxes shall be applied to the payments they will receive. It is users’ responsibility to report and remit the correct tax to the appropriate tax authority, and the Streamspread is not responsible for determining whether taxes shall be applied to users’ payments, or for collecting, reporting, or remitting any taxes that has arisen from the use of the Services.
In case of need, user agree to provide full name, date of birth, and any other identifying information as may be required by state, federal or international financial laws, including anti-money laundering laws.
Content posted on other websites
The Streamspread respects the intellectual property rights of others and asks others to respect its intellectual property rights in return. The Streamspread does not control any materials, which are located in the Publisher’s website and/or Advertiser’s live stream and has no any liability for the third parties’ copyright infringement. However, in case user considers that the Publishers and/or Advertisers violate his/her copyright, and if this website resides in the USA, user may notify the Streamspread and the Streamspread will consider all notices.
Either user or the Streamspread may terminate these Terms as follows:
1.User may terminate the Terms at any time for any reason by emailing at firstname.lastname@example.org to deactivate user’s account/s and discontinue the use of the Services.
2.The Streamspread has a right to suspend or stop providing Services to user for any reason and at any time, including, but not limited to, in cases of violating these Terms, using an account in the illegal purposes, entailing risks of failure of legal security by actions and/or omissions.
In case of termination by the Streamspread we will pay:
1.To a Publisher all uncontested earnings.
2.To an Advertiser all funds which are in the his Streamspread’s wallet.
User agrees not to disclose StreamSpread’s Confidential Information without StreamSpread’s prior written consent. “StreamSpread Confidential Information” includes without limitation: (a) all StreamSpread software, technology, programming, technical specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to by StreamSpread; and (c) any other information designated in writing by StreamSpread as “Confidential” or an equivalent designation. It does not include information that has become publicly known through no breach by User or StreamSpread, or information that has been (i) independently developed without access to StreamSpread Confidential Information as evidenced in writing; (ii) rightfully received by User from a third party; or (iii) required to be disclosed by law or by a governmental authority.
StreamSpread makes no guarantee regarding the level of impressions of or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to User under this Agreement.
STREAMSPREAD MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of liability
The Streamspread Services are provided under the laws of the State of Delaware, USA. Users acknowledge that it would be unreasonable to hold us liable in respect of the Streamspread Services and Software. Whilst we endeavor to ensure that the Services of the Streamspread is correct, we do not warrant its completeness or accuracy.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STREAMSPREAD ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
1.USERS’ ACCESS TO OR USE OF THE SERVICES OR INABILITY TO ACCESS OR USE THE SERVICES;
2.ANY CONTENT OBTAINED FROM THE SERVICES; OR
3.UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
User agrees that StreamSpread may use User’s name and logo (including promoted event information and logo) in presentations, marketing materials, customer lists, financial reports and Web site listings of customers and therefore grants StreamSpread a limited license to use User’s logo in accordance with the foregoing.
User agrees to indemnify, defend and hold StreamSpread, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), arising out of, related to this Agreement or which may arise from User’s enrollment in the Program, use of the Site, and/or its breach of any term of this Agreement.
StreamSpread may retain and use for its own purposes all information User provides, including but not limited to Site demographics and contact and billing information. User agrees that StreamSpread may transfer and disclose to third parties personally identifiable information about User for the purpose of approving and enabling User’s participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws. StreamSpread disclaims all responsibility, and will not be liable to for any disclosure of that information by any such third party. StreamSpread may share aggregate (i.e., not personally identifiable) information about User with advertisers, business partners, sponsors, and other third parties. In addition, User grants StreamSpread the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.
This Agreement and any Exhibits identified herein constitute the whole agreement between the parties with respect to the subject matter hereof. User hereby acknowledges that it has not relied on any prior or contemporaneous representations, written or oral, not set forth in this Agreement with respect to any matter related to the interpretation or performance of this Agreement.
If any provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall remain in force.
Governing law; Venue; Miscellaneous
These Terms and any action related thereto are governed by and shall be construed in accordance with the State of Delaware law, USA. The courts of Delaware will have non-exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Terms and other related documents and action arising between the parties.
The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect. User may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to StreamSpread. Notwithstanding the foregoing, StreamSpread may assign this Agreement to any affiliate at any time without notice. The relationship between StreamSpread and User is not one of a legal partnership relationship, but is one of independent contractors and that neither party has the authority to bind the by contract or otherwise.