Last Updated: August 31, 2020
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SECTION 1: ACCEPTANCE OF THESE TERMS
1.1. Whether You are a Visitor, a Viewer, a User or a Partner, either an individual or a single entity ("You" or "Your" as applicable), You signify Your express and unconditional agreement to: (1) these terms and conditions, (2) all other policies of Steven Media, including but not limited to the Steven Media privacy and cookie policies, as accessible at any time from the homepage of the Steven Media website, and incorporated herein by reference, (all collectively, the “Terms”). You may not use the Steven Media Services if You do not accept any of the Terms. You understand and agree that Steven Media will treat Your use of the Steven Media as an acceptance of these Terms.
1.2. If you reside in a country of the European Economic Area or a country that is not part of the European Economic Area, these Terms form a legally binding agreement between You and Steven Media in relation to Your use of the Steven Media Services. Any reference to “Steven Media” in these Terms or any other policies of Steven Media will then always refer to “Steven Media” whose details are provided here.
1.3. Steven Media may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, you should periodically review the most up-to-date version which shall always be accessible from the homepage of the Steven Media website. If You do not agree to the modified Terms, you may stop using our Services. Your continued use after the date of modification constitutes your acceptance of the updated terms.
1.4. You shall not use the Steven Media Services if (a) You are not of legal age to form a binding contract with Steven Media, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Steven Media Services under the laws of the country in which You are a resident or from which You access or use the Steven Media Service.
SECTION 2: DESCRIPTION OF THE STEVEN MEDIA SERVICES
2.1. Steven Media is an original, free video hosting website that enables users to access, view, upload, store, and share videos. The Steven Media Services is made up of the Steven Media website, the Steven Media video player that is embeddable onto any website, the Steven Media apps and web-apps as accessible via any current or future device capable of distributing the Steven Media website and/or the video player, and more generally any Steven Media products, content, channels, software, data feeds, Services and functionality (“Steven Media Services”).
2.2. By accessing and/or using the Steven Media Services, without being logged into Steven Media Account, you will be hereinafter a “Visitor.” As a Visitor, you will only have the ability to access, view or share videos available on the Steven Media Services, but will not be able to benefit from all the other features available on the Steven Media Services. A “Steven Media Account” means the video content storage space on the Steven Media Services which is dedicated to a Viewer or a User Steven Media Services that can be created by signing up for a Steven Media Account via Steven Media.pk.
2.3. If You want to be able to upload videos and access some other features of the Steven Media Services, you will need to first create a Steven Media Account and have your email address validated. You will then be a “User”, being though agreed that after having created Your Steven Media Account and until You have validated Your email address according to the process defined below, you will be a “Viewer” and will not be able to upload videos or access the other features of the Steven Media Services.
2.4. Information provided by You to create Your Steven Media Account must be accurate and complete. In order for Steven Media to verify that the email address You provided is valid, you will receive an email from Steven Media asking You to validate Your email address.
2.5. By creating a Steven Media Account, you agree that You alone will be responsible (to Steven Media and to others) for all activity that occurs under Your Steven Media Account. The user ID and password which are necessary to access the Steven Media Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.
1.6. If You are a User, you may notably upload video files (that must be compliant with these Terms) on the Steven Media Services, and have a nickname and an avatar that will be associated with Your Steven Media Account. Any and all elements posted by You on the Steven Media Services are deemed to be “Your Content.” If you are not a Partner, Your Content may be automatically set to “private mode” so that Your Content will only be available on the Steven Media website to individuals who have the URL link for Your Content, however You or any third party will still have the ability to embed Your Content on any website through Steven Media video player.
SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS
3.1. For the entire period during which Your Content is hosted on the Steven Media Services, You grant to Steven Media, and its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Steven Media Services.
3.2. By making Your Content accessible on the Steven Media Services, You agree to allow any Visitors of the Steven Media Services, to view and to share Your Content through the Steven Media video player on or through any declination of the Steven Media Services, as accessible (online or offline) via any current or future device capable of distributing the Steven Media Services by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.
3.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which Steven Media shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
SECTION 4: OUR INTELLECTUAL PROPERTY RIGHTS
4.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Steven Media Services, which right is conditioned on Your compliance with the Terms.
4.2. The content (other than Your Content and other users' content) included on or accessible through the Steven Media Services, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Steven Media Services, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Steven Media Content”), is the exclusive property of Steven Media and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
4.3. Steven Media Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Steven Media or Steven Media's licensors. You agree to not use or exploit the Steven Media Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Steven Media Content.
4.4. All rights not expressly granted in the Terms are reserved to Steven Media and its affiliates and licensors.
SECTION 5: COPYRIGHT
This section sets forth the process by which copyright holders and their agents may remove allegedly infringing materials on Steven Media or available on Steven Media Services.
5.1. DMCA requests and notification. Steven Media respects the intellectual property of others and expects its users to do the same. You must ensure that the materials they upload do not infringe any third-party copyright. Steven Media will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe a third party's copyright. Steven Media will also, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
5.2. Filling requests. In filing any request for copyright infringement, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further. For non-copyright complaints, please write to us in Subject line Trademark Infringement Complaint or our Privacy Complaint Form.
5.3. DMCA Takedown Notices. To request the removal of materials based upon copyright infringement, you must file a notice containing the following: (1) Your name, address, telephone number, and email address (if any). (2) A description of the copyrighted work that you claim has been infringed. (3) A description of where on Steven Media’s service the material that you claim is infringing may be found, sufficient for Steven Media to locate the material (e.g., the URL for the video). (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. (5) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. (6) Your electronic or physical signature.
You may file your notice by email: firstname.lastname@example.org
Steven Media may disclose notices with affected users and third-party databases that collect information about copyright takedown notices.
5.4. DMCA Counter-Notifications. If you are a Steven Media user and wishes to challenge the removal of materials caused by a DMCA takedown notice, you must file a counter-notification containing the following: (1) Your name, address, and telephone number. (2) A description of the material that was removed and the location on Steven Media Services where it previously appeared (e.g., the URL of the video). (3) A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. (4) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Steven Media may be found (the United States District Court for the Southern District of New York), and acceptance for service of process from the person who filed the original DMCA notice or an agent of that person. (5) Your electronic or physical signature.
You may submit this notice by email: email@example.com
5.5. Steven Media will forward any complete counter-notification to the person who filed the original DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore the challenged materials. Until that time, your materials will remain removed while access to your account may be restricted.
5.6. Repeat infringers. Steven Media will terminate user accounts that receive three (3) DMCA strikes. A “DMCA strike” accrues each time that material is removed from a user’s account due to a DMCA notice. We may group multiple DMCA notices received within a short period of time as a single DMCA strike.
We may remove a DMCA strike in appropriate circumstances, such as where (1) the underlying material is ultimately restored due to a DMCA counter-notification; or (2) the claimant withdraws the underlying notice.
SECTION 6: OUR LIABILITY AS HOST
6.1. In our capacity as a web hosting services provider, Steven Media is under no legal obligation to monitor content uploaded on the Steven Media Services, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its Steven Media Services to any infringing content once having been notified of its existence.
6.2. You agree that Your use of the Steven Media Services shall be at your sole risk and liability. In this regard, you are solely responsible for (1) Your use of the Steven Media Services and more specifically for Your Content, and (2) the protection of its computer hardware against any virus or interruption.
6.3. You acknowledge and agree that the Steven Media Services, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or the Steven Media video player), on and through which Your Content will be distributed is provided “AS IS” without warranty, provided that Steven Media may enhance, modify and update the Steven Media Services at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Steven Media Services.
6.4. Steven Media shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Steven Media Services, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Steven Media does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.
6.5. Nothing herein shall exclude or limit Steven Media's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Steven Media shall not be liable for: (a) Any indirect or consequential losses which may be incurred by You. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered. (b) Any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Steven Media Services; (ii) any changes which Steven Media may make to the Steven Media Services, or for any permanent or temporary cessation in the provision of the Steven Media Services (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Steven Media Services; (iv) Your failure to provide Steven Media with accurate account information (v) Your failure to keep Your password or your accounts details secure and confidential.
6.6. The limitations on Steven Media's liability defined in this section shall apply whether or not Steven Media has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer only applies to the extent the jurisdictional laws permit.
SECTION 7: RESTRICTIONS RELATED TO YOUR USE OF THE STEVEN MEDIA SERVICES AND ITS RELATED TECHNOLOGIES
7.1. In view of the user-driven nature of the Steven Media Services, and out of consideration for the general public, you are responsible for maintaining certain ethical standards respecting the Content You upload on the Steven Media Services. You represent and warrant as an essential condition that Your Content, and any images, data and/or text which you may disseminate through the Steven Media Services: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that You have not created yourself or for which You do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); (iv) is not contrary to public policy and accepted moral standards; (v) does not display, incite or otherwise promote illegal or immoral activity, and (vi) does not violate any applicable laws or regulations.
7.2. By uploading or disseminating images, data, and/or text to or through the Steven Media Services, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Steven Media Services.
7.3. Steven Media reserves the right to decide in its sole discretion whether Your Content, Your Steven Media Account and/or Your use of the Steven Media Services violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) Your Content being removed and/or (ii) Your Steven Media Account being deactivated and/or (iii) your use of the embeddable Steven Media video player being blocked and/or (iv) any elements or data related to Your Content or to Your Steven Media Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Steven Media Services, without prior notice. In addition, Steven Media reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
7.4. Because the Steven Media Services is not designed as a video back-up services, you are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Steven Media Services and then associated with your Steven Media Account and/or Your Content.
7.5. Moreover, You shall not (i) falsely increase the number of views, the impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive or any gains to do the same.
7.6. You also warrant that any website or applications on which You export Your Content and/or other users’ content through the embeddable Steven Media video player do not include any element that: (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals or (vii) violates any applicable laws. Moreover, You warrant that Your use of the embeddable Steven Media video player shall not be made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of the Steven Media Services or (iii) any unauthorized third party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable Steven Media video player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the Steven Media video player including but not limited to links back to the Steven Media website. By embedding Your Content and/or other user’s content through the embeddable Steven Media video player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
7.7. You agree not to alter or modify any part of the Steven Media Services (including but not limited to the Steven Media video player and its related technologies). You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security-related features of the Steven Media Services or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Steven Media Services or the content accessible via the Steven Media Services. You agree not to collect or harvest any personal data of any Visitor, Viewer, User or Partner of the Steven Media Services and to not use the Steven Media Services for the solicitation of business in the course of trade or in connection with a commercial enterprise.
7.8. You agree not to use the Steven Media Services and any of its related technologies (including without restriction the Steven Media video player, the website, the app and the web app) for any commercial use unless You obtain Steven Media's prior written approval, in particular any of the following uses: (i) the sale of access to the Steven Media Services, (ii) the sale of advertising, sponsorships or promotions placed on or within the Steven Media Services or content or Steven Media video player.
7.9. You agree not to access content hosted on the Steven Media Services for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Steven Media Services, and solely for Streaming purposes. "Streaming" means a digital transmission of an audiovisual work from the Steven Media Services to a Visitor operated Internet enabled the device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a Steven Media user’s content for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization. You agree and shall indemnify and hold Steven Media - harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) Your Content, (ii) Your violation of the Terms or any other policy of Steven Media, (iii) Your use of the Steven Media Services, and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
7.10. You acknowledge and agree that some other Partners are third party beneficiaries of these Terms and as such, they may have the right to enforce these Terms against You as third-party beneficiaries of these Terms.
SECTION 8: REPORTING PROHIBITED CONTENT
8.1. Steven Media has established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on the Steven Media Services.
8.2. If You notice infringing or illegal content and/or activity on the Steven Media Services, you can report it to us at any time by contacting us through the form available from the homepage of the Steven Media website.
SECTION 9: DATA AND PRIVACY
9.1. The records of Steven Media are stored on our systems in accordance with standard safety practices and applicable laws. The Steven Media records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Steven Media Services, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.
SECTION 10: GOVERNING LAWS AND JURISDICTION
10.1. If you reside in a country of the European Economic Area, you agree that any dispute between You and Steven Media arising out of or relating in any way to these Terms or Your use of the Steven Media Services shall be interpreted in accordance with the laws of France, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and Steven Media shall be decided by a court of competent jurisdiction located in Paris.
10.2. If you reside in a country that is not part of the European Economic Area, You agree that any dispute between You and Steven Media arising out of or relating in any way to these Terms or Your use of the Steven Media Services shall be interpreted in accordance with the New York laws, without reference to its conflicts of laws, and notwithstanding multiple defendants or third party claims. You also agree that any claim or dispute between You and Steven Media shall be decided by a court of competent jurisdiction located in New York County.
SECTION 11: MISCELLANEOUS
11.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the Steven Media Services or any of its features, whether or not if you are a Visitor, a Viewer, a User or a Partner. For the sake of clarity, watching videos from the Steven Media Services, exporting the Steven Media video player, and/or maintaining a Steven Media Account are all deemed to be uses of the Steven Media Services.
11.2. Any obligations which expressly or by their nature are to continue after termination, cancellation or expiration of the Terms shall survive and remain in effect after such happening.
11.5. You agree that Steven Media may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Steven Media Services.
11.6. If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of these Terms will remain in force.
11.7. No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default.
SECTION 12: QUESTIONS, CONCERNS, AND COMMENTS
Steven Media appreciate your visit and use of our services. Should you have any questions, concerns, or comments about Steven Media Services, please refer to the Contact Us section of the platform for our email and phone number.