Welcome to Streamary!

These Terms of Service (“Terms”) govern your usage of our video-centric platform—a space where you can find popular user-uploaded videos, view, share, and explore, entirely free of charge—and constitute a legally enforceable agreement between you and Streamary. By using our Services, you agree to abide by these Terms. If you disagree with any provision herein, please refrain from using the Services.

Important Notice

This agreement includes an arbitration clause (Section 19). Except for specific disputes (e.g., intellectual property infringement), you and Streamary agree to resolve conflicts through binding arbitration and waive the right to participate in or initiate class actions.

1. Usage Eligibility

- Age Requirement: You must be 18 years of age or older to create an account or use Streamary’s Services. Certain features (if available) may have a higher minimum age requirement, which will be clearly indicated.

- Legal Capacity: By using Streamary, you confirm that you possess the legal capacity to enter into binding contracts, comply with these Terms, and adhere to all applicable laws and regulations.

- Entity Use: If you use Streamary on behalf of a business or government entity, you warrant that you have the authority to bind that entity to these Terms.

- Prohibited Use: Minors under the age of 18 are strictly prohibited from registering for or using Streamary. We reserve the right to terminate accounts suspected of belonging to minors without prior notice.

2. License Granted by Streamary

- Use License: Streamary grants you a personal, global, royalty-free, and non-assignable license to access and use the Services—including discovering popular user-uploaded videos, watching, sharing, and exploring content—for their intended purposes. This license is subject to your compliance with these Terms.

- Software Updates: The Services may automatically download and install updates (e.g., to fix video playback glitches or add new features). You can adjust your device settings to manage automatic updates.

- Restrictions: Without Streamary’s explicit written permission, you may not copy, modify, sell, reverse-engineer, or sublicense Streamary’s software or Services.

3. License Granted to Streamary

- User Content Rights: When you create, upload, or share content (including videos, comments, photos, and text—collectively “Your Content”), you retain ownership of Your Content. However, you grant Streamary a global, royalty-free, sublicensable license to host, store, display, stream, modify (e.g., optimizing videos for different devices), and distribute Your Content. This license is solely for the purpose of operating, maintaining, and enhancing our video-centric Services (e.g., making your uploaded videos accessible to other users).

- Public Content Rights: For content you submit to public features (e.g., trending video sections, public comment threads), you grant Streamary a perpetual, global, royalty-free, sublicensable license to publicly perform, display, reproduce, and create derivative works of that content (e.g., featuring your video in a curated “Top Trending” list). This includes using your name and likeness associated with the content, with no additional compensation.

- Content Oversight: Streamary reserves the right to review, remove, or modify Your Content at any time (e.g., removing a video that violates these Terms). However, we are not obligated to monitor all content. You remain solely responsible for Your Content.

- Advertising: You consent to Streamary displaying advertisements within the Services as part of providing you with free access to video discovery and sharing features.

4. User Content Responsibilities

- Content Accountability: You are fully responsible for Your Content. Ensure that it does not infringe upon the rights of third parties (e.g., copyrights for music used in your videos, trademarks) or violate any laws (e.g., defamation, obscenity).

- Prohibited Content: Do not upload or share content that is illegal, harmful, discriminatory (based on race, gender, religion, etc.), violent, sexually explicit, or that promotes harassment, exploitation, or illegal activities. This includes videos depicting child sexual abuse material (CSAE), hate speech, or illegal acts.

- Reporting Violations: Report illegal or inappropriate content (e.g., a video containing violence) via our in-app tool or email ([email protected]). We may remove violating content and suspend accounts for breaches.

5. Privacy

Your privacy is important to us. Our [Privacy Policy] (linked in the app) explains how we collect, use, and share your data in the context of our video Services. By using Streamary, you consent to the data practices outlined in that Policy.

6. Prohibited Actions

You may not:

- Harass, threaten, intimidate, or impersonate other users (e.g., leaving abusive comments on their videos, pretending to be someone else).

- Tamper with the Services’ security features, bypass access restrictions, or use automated tools (e.g., bots) to scrape video data, artificially inflate video views, or disrupt the service.

- Upload or transmit malware, spam, or illegal content (including CSAE) through the Services.

- Use Streamary for commercial purposes without our prior written permission (e.g., selling products via video comments, advertising external services).

- Violate intellectual property rights (e.g., uploading videos with copyrighted music without permission) or circumvent digital rights management (DRM) systems.

- Engage in money laundering, fraud, or exploitation—especially involving child sexual abuse material (CSAE), which is strictly prohibited.

Child Safety

Streamary has a zero-tolerance policy for CSAE. Report suspected violations immediately; we will remove the content, suspend the account, and cooperate with law enforcement.

7. Copyright Policy

Streamary respects intellectual property rights. If you believe any content on Streamary (e.g., a user-uploaded video) infringes your copyright, submit a written notice to [email protected] containing the following:

- Your physical or electronic signature.

- A detailed description of the copyrighted work you claim is infringed.

- The exact location of the infringing material (e.g., video URL, app page link).

- Your contact information (name, address, phone number, email).

- A statement (under penalty of perjury) that you have a good-faith belief that the use of the material is not authorized by the copyright owner, their agent, or the law.

Users who repeatedly infringe copyright may have their accounts terminated.

8. Account Management

- Security: You are responsible for maintaining the security of your account (e.g., protecting your password). Do not share login credentials or use unauthorized third-party tools to access your account.

- Account Rules: Do not create multiple accounts (unless explicitly permitted by us), sell/transfer your account, or reuse accounts that have been disabled.

- Account Recovery: If you suspect unauthorized access (e.g., unknown videos uploaded to your account), report it to [email protected] immediately.

9. Content Monitoring

- Automated and Human Review: Streamary uses both automated tools (e.g., software to detect violent or explicit video content) and human moderators to check content for violations. However, we cannot guarantee 100% accuracy in identifying prohibited content.

- User Reports: Flag inappropriate content (e.g., harmful videos, spam comments) via our in-app reporting tool. We aim to review reports within 24 hours and may remove content or suspend accounts for violations.

10. Purchases and Payments

If Streamary offers optional premium features or virtual products (e.g., ad-free video viewing, exclusive access to trending content) in the future:

- Pricing: Prices will be clearly displayed prior to your purchase. Payments will be processed by third-party providers (e.g., Apple App Store, Google Play Store).

- Non-Refundable: Except as required by law (e.g., EU consumer rights), all purchases are final. Subscriptions will auto-renew unless you cancel via your app store account at least 24 hours before the next billing period. Cancellation does not entitle you to a refund for unused time.

- EU Rights: EU users may request a full refund for subscriptions within 14 days of purchase—provided you have not used the premium features during that period.

11. Data Charges

You are responsible for all mobile data charges, text messaging fees, or other telecom costs incurred while using Streamary (e.g., streaming videos, uploading content via a mobile network). Check with your service provider for data rates.

12. Anti-Slavery and Anti-Trafficking

Streamary prohibits all forms of slavery, human trafficking, and exploitation. Report suspected violations to [email protected]. We will investigate, remove related content, and cooperate with authorities.

13. Anti-Fraud Measures

- Scam Prevention: Do not send money, share financial details (e.g., credit card info), or engage in suspicious transactions with other users. Report scams (e.g., users asking for money via video comments) to [email protected].

- AML Compliance: Streamary may request identification documents to comply with anti-money laundering (AML) laws. Failure to provide this information may result in account suspension.

14. Service Modifications and Termination

- Changes to Services: Streamary may add new features (e.g., video editing tools), remove existing features, suspend, or discontinue Services at any time—with or without notice. We will make reasonable efforts to notify you of significant changes (e.g., removing core video-sharing features).

- Account Termination: We may terminate or suspend your account (and revoke access to Services) for violations of these Terms, inactivity, or harmful behavior—with or without notice. Upon termination, you lose access to all features (including uploaded videos and premium content, if applicable).

15. Indemnification

You agree to indemnify, defend, and hold Streamary, its affiliates, directors, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses (including attorney fees) arising from your use of the Services, Your Content (e.g., a copyright claim for your video), or breach of these Terms.

16. Disclaimers

- AS-IS Warranty: The Services are provided “as is” and “as available” without any warranties of any kind (express or implied). We do not guarantee uninterrupted service, error-free video playback, or that content is accurate or safe.

- No Liability for User Content: Streamary is not responsible for offensive, illegal, or misleading content posted by other users (e.g., harmful videos, false comments). You access user-generated content at your own risk.

17. Limitation of Liability

Streamary and its partners will not be liable for indirect, consequential, or punitive damages. Our total liability for all claims will not exceed $100 USD or the amount you paid to us in the past 12 months (whichever is higher).

18. Arbitration Agreement

- Dispute Resolution: Most disputes between you and Streamary must be resolved through binding arbitration (not court) with a mutually agreed forum (e.g., USIETAC), following its rules.

- Class Action Waiver: Disputes must be arbitrated individually—class actions or consolidated claims are not allowed.

- Opt-Out: You may opt out of this arbitration clause within 30 days of your first use by sending a written notice to Streamary (via email at [email protected] or mailing address provided in-app) with your name, registered email, and a clear statement of opt-out.

19. Intellectual Property Statement

All video content uploaded by users to this platform must be original works independently created by the users themselves, and users shall have complete and independent intellectual property rights (including but not limited to copyright, trademark right, patent right, trade secret, etc.) to such content. Users shall not upload or publish any content that infringes upon the intellectual property rights of others, including but not limited to unauthorized copying, adapting, reprocessing, clipping of protected videos, audios, texts, images and other materials of others. Once such violating content is discovered, the platform has the right to delete it immediately and reserve the right to pursue legal liability against the user; if the platform suffers losses as a result, the user shall bear full compensation liability.

20. Choice of Law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-laws principles.

21. Severability

If any term of these Terms is found unenforceable, that term will be removed, and the remaining terms will remain in effect.

22. Additional Terms

Specific features (e.g., a video creator program) may have supplemental terms. These terms will be provided when you access the feature and become part of this Agreement upon your acceptance.

23. Final Provisions

- Entire Agreement: These Terms, together with our Privacy Policy and any supplemental terms, replace all prior agreements between you and Streamary.

- No Third-Party Beneficiaries: This Agreement does not grant rights to third parties (e.g., other users).

- Waiver: Failure to enforce a term does not mean we waive the right to enforce it later.

- Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights freely.

- English Control: In case of conflicts between translated versions of these Terms, the English version shall prevail.

For questions, feedback, or reports, email us at: [email protected]