Terms of Service
1. Description of Service
These Terms of Services are applicable to all users of an online media service, content
distribution Services, and a community providing Services through its website, video
streaming Services located under this website, mobile and desktop applications & TV
applications (individually and collectively the “Services”). These Terms govern your use
of the Services, including all functionalities, features, Streaming Services, audio, visual,
written media, PDF, Website links and user interfaces, and all content and software
associated with the Services as provided by 4EVERSTREAM LLC (the “Company”).
2. Acceptance and Changes to Terms
The Company shall have the right, at its sole discretion, to modify, add, or remove any
terms or conditions of these Terms of Service without notice or liability to you. Any
changes to these Terms of Service shall be effective immediately following the posting
of such changes. You agree to review these Terms of Service from time to time and
agree that any subsequent use by you of the Services following changes to these Terms
of Service shall constitute your acceptance of all such changes.
3. Access and Use of Service
Users accessing the Services must be at least thirteen (13) years of age. Users
registering for the Services and uploading User Generated Content must be at least
eighteen (18) years of age. The Company makes no claims that the Services may be
lawfully accessed in any specific location. Access to the Services may not be legal by
certain persons, or in certain states or certain countries, and may require government
authorization or registration to use said Services. When you access the Services you
are solely responsible for compliance with the laws and regulations of your jurisdiction.
4. Your Conduct
The Services may be used only for lawful purposes relating to streaming and related
materials. The Company specifically prohibits any use of the Services, and all users
agree not to use the Services, for any purposes other than designated by the Company.
You are prohibited from violating or attempting to violate the security of the Services,
including, without limitation, (a) accessing data not intended for such user or logging
into a server or account which the user is not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c) attempting to interfere with
service to any user, host or network, including, without limitation, via means of
submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing"
or "crashing", (d) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the
use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or
criminal liability. The Company will investigate occurrences that may involve such
violations and may involve, and cooperate with law enforcement entities in prosecuting
users who are involved in such violations.
You are solely responsible for your conduct in the community forum. We ask that all
parties create a welcoming environment. Treat everyone with respect. Healthy debates
are natural, but kindness is required. Make sure everyone feels safe. Bullying of any
kind isn’t allowed, and degrading comments about things like race, religion, culture,
sexual orientation, gender, or identity will not be tolerated. We do not allow promotions
of your own business and brands such as promotions, self-promotion, spam, and
irrelevant links to third party sites. If you or you see anyone on the community forum
experiencing harassment or inappropriate behavior, please contact our community
admins immediately. All contributions you make to this site will be accessible to the
public. As a registered member, you have agreed to follow our community guidelines
and acknowledge that by not abiding by these rules your account will be suspended or
removed and your account will not be eligible for a refund. .
5. User Information
You are solely responsible for the information you input or upload to the Services, and
warrant and represent you have the right and authorization to register for the Services
and post User Generated Content. The Company reserves the right in its sole discretion
to decide whether the information you input or upload is appropriate and complies with
the Terms of Service, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including
a valid email address. You warrant and represent that all such information is current and
accurate, and will be kept up-to-date.
Your privacy rights are set forth in our Privacy Policy located at
https://4everstream.com/privacy
Company reserves the right to offer Company or third-party services and products to
you based on the preferences that you identify in your registration and at any time
thereafter, unless you opt-out of receiving third party services and products.
6. Username/Password/Security
You are responsible for maintaining the confidentiality of your information as it relates to
the Services, including your username and password, and are responsible for all uses
of your username and password whether or not authorized by you. If you wish to have
someone else use your device, it is important you always log out so no other individual
will have access to your content.
You agree to immediately notify the Company of any unauthorized use of your
username and password.
7. Use of Services
The Services are offered only for video streaming and related materials and is only a
conduit for video streaming and related materials. Each user is solely responsible for
deciding whether the Services offered are suitable for your own purposes and whether
the Services match your needs.
The Company grants you a limited, non-exclusive license to access and use the
Services for your own personal and non-commercial purposes. This includes rights to
view content on Company’s website and applications.
If you elect to access any component of the Services for which there is a fee, you agree
to pay all fees and charges associated with your account on a timely basis. All such fees
and charges (including any taxes and late fees, as applicable) will be charged on your
credit card. Each user agrees to maintain valid credit card information as part of your
account information when applicable.
8. Access to Services – Subscriptions & Purchases
The Services may allow you to access digital content on a pay per view basis,
subscription basis, rental basis, or as purchases. The basis on which digital content is
available on the Services will be indicated on the product detail page for which you may
purchase the digital content. Subject to your payment of any applicable fees, purchases,
subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-
transferrable, personal, non-sub licensable, limited right and license to view the video
stream based upon the applicable fees, purchases, subscriptions, rent or pay per view
selected by you.
The Company makes no guarantees as to the resolution and quality of your digital
content when streaming. The quality and speed of your stream of digital content has
many different variables, including your connection speed, location, download speeds,
devices, and bandwidth.
9. Payments & Billing
The digital content available under specific payment plans, including pay per view,
subscriptions, memberships, or rental fees will change from time to time at the sole
discretion of the Company. The Company makes no guarantee as to the availability of a
specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorized to charge
your selected payment plan on the Payment Method you designate. You can update or
change this information at anytime by logging into your videos library and clicking the
settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your
subscription will continue in effect unless and until you cancel your subscription or we
terminate it. You must cancel your payment plan according to the terms of that specific
plan prior to the next charge in order to avoid billing.
10. User Comments and Suggestions
While the Company values user feedback, please be specific in your comments and do
not submit creative ideas, inventions, or suggestions. If, despite our request, users send
creative ideas, inventions, or suggestions, all such submission shall be the property of
the Company in whole or in part. The Company shall own exclusively all now known or
later discovered rights to the submissions and shall be entitled to unrestricted use of the
submissions for any purpose whatsoever, commercial or otherwise, without
compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence, and the
Company shall not be liable for any use or disclosure.
11. Intellectual Property
Company and any other Company trademarks and trade names, and any variations
thereof, are and shall remain the trademarks and trade names and exclusive property of
the Company, and any unauthorized use of such trademarks and trade names is
prohibited.
The Services (including without limitation all programs, complied binaries, interface
layout, interface text, documentation, resources and graphics) is the sole and exclusive
property of the Company and is protected by copyright, trademark, and other intellectual
property - common and statutory laws of the United States and other countries.
You agree that Company owns and retains all rights to the Services and that is content
is solely owned and controlled by the content provider and all such material are
protected and copyrighted, trademarked and protected by copyright, trademark, and
other intellectual property common and statutory laws of the United States and other
countries.
You may not sell or modify the Services content or the Services, or reproduce, display,
publicly perform, distribute, or otherwise use the Services in any way for any purpose.
12. Social Networking
Users may have the option to use Twitter, Facebook or other social networking Services
through the Services to share links and content. Users undertake this option as their
sole responsibility, including but not limited to complying with all of the terms and
conditions of the social networking Services.
13. Use of Software
If the Services require or include downloadable software such as an app, or use of
software provided by the Company for Publishers, the Company grants a personal,
limited, non-exclusive and nontransferable license to use the Software, all portions
thereof, all documentation, and all updates (individually and collectively the “Software”)
only for the purposes relating to video streaming and related activities through the
Website.
Users shall not modify, alter, create derivative works, decompile, reverse engineer,
disassemble, include in other software, translate the Software, or use the Software for
any other purpose. Users shall not copy, reproduce, transmit, rent, lease, resell,
sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does
not own or control, and user may not distribute or make the Software available over a
network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute
proprietary and confidential information, trade secrets and/or intellectual property of the
Company. You agree not to disclose, provide, or otherwise make available such
proprietary and confidential information, trade secrets or copyrighted material in any
form to any third party, or use the proprietary and confidential information, trade secrets
or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require the Company to
acquire user’s mobile phone number and perhaps additional such information in order to
obtain access Software.
Users agree that the Company may collect and use technical data and related
information that is gathered periodically to facilitate the provision of updates, product
support and other services. The Company may use this information, as long as it is in a
form that does not personally identify a user.
The Company shall have the right, and you agree, that in its sole discretion and with
reasonable posted notice and/or sent to your email address, to revise, automatically
update, or otherwise modify the Software, at any time. Users continued use of the
Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated the user or the Company at its sole discretion.
User’s rights under this license will terminate automatically without notice if user fails to
comply with any terms of this License. Upon termination, user shall cease all use of the
Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of
the Software.
14. Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that
constitutes copyright infringement, please notify the Company by providing our
designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a
person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a
description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on the Services where the
material or activity you claim to be infringing is located or is occurring;
4. You must include enough information to allow us to locate the material or the
activity;
5. Your name, address, telephone number, and e-mail address;
6. A statement by you, made under penalty of perjury, that (i) the information you
have provided is accurate and that you are the copyright owner or are authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have
a good faith belief that use of the copyrighted materials is not authorized by the
copyright owner, any agent of the copyright owner, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed
against, you can send the Company a counter-notice that includes the following:
1. Your name and address, and telephone number;
2. The source address of the removed content;
3. A statement under penalty of perjury that you have a good faith belief that the
content was removed in error; and
4. A statement that you consent to the jurisdiction of Federal District Court for the
judicial district in which your address is located, or if your address is outside of the
United States, for any judicial district in which the Website may be found, and that you
will accept service of process from the person who provided the original complaint.
Please note that the United States Copyright Act prohibits the submission of a false or
materially misleading Notice or Counter-Notice, and any such submission may result in
liabilities, including perjury.
15. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER
REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE
LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED
CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE
SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS
BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS
IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR
ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT
ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS
USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET
OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS
INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR
INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY
OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU
IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR
ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE
INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE
RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION,
DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF
SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF
INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF
CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE
EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER
UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS
AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING
TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE
COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO
DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS,
COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF
TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND
OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES
REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS
OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE
OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN
CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED
THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR
INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO
HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE
SERVICES.
16. Limitation of Liabilities
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER
UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS
AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING
TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR
FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE
DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS,
COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED
ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL
DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE
CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER
LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S
MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF
THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED
THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
17. Indemnification
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST
ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT
LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR
RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED
CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF
THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY
OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR
EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE
COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND
CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
18. Communications
By using the Services you consent to receive electronic communications from the
Company. These communications will include, emails about your account, password,
access, marketing, transactional and other information related to the Services and to
your account.
19. Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint
ventures, partnership, employer/employee or principal and agent relationship between
users and the Company.
These Terms of Service shall be governed by and construed in accordance with the
laws of the State of Georgia applicable therein,
without regard to conflict of laws and excluding the United Nations Convention on
Contracts for the International Sale of Goods (CISG).
You irrevocably consent to the exclusive jurisdiction of the courts located in the in the
State of Georgia in connection with any action
arising out of or related to these Term of Service and waive any objection based on lack
of personal jurisdiction, place of residence, improper venue forum non-convenience in
any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service
invalid or unenforceable in any respect, such provision shall be enforced to the
maximum extent permitted by law, and the remaining provisions of this Terms of Service
shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not
constitute a waiver of such right or claim and shall in no way affect that party’s right to
later enforce or exercise it, unless such party issues an express written waiver, signed
by a duly authorized representative.
You may not assign these Terms of Service or any of your rights or obligations
hereunder.
Except as expressly specified herein, this Agreement shall create rights and obligations
only between the Company and each individual user and it does not create any rights
for any other parties.