Article 1 – General Information
1.1. - EiTV USA INC, a corporation organized and existing under the laws of Delaware State, USA, with its principal place of business at 501 SILVERSIDE RD STE 105, WILMINGTON, DE 19809, USA (hereafter referred to as “EiTV”) has developed a video hosting and publishing service without advertisements, in exchange for payment, to respond to the needs to each Customer regarding the storage, upload, administration, and broadcasting of the video content of its choice.
1.2. - EiTV is offering a video hosting and publishing platform available at the website http://www.eitvcloud.com (“Site”), which allows its users to personalize the video player, which can be exported onto any other website, and to stream its videos under various formats (the “EiTV Cloud Service”). The present general terms and conditions of use (the “Terms and Conditions”) govern, without prejudice to any applicable legal provisions, over the use by any corporate entity or physical person (hereinafter the “Customer”) of the EiTV Cloud Service, and exclude any other general terms and conditions that apply to other services offered by EiTV. The Customer will register by completing the registration form to be accessed on the Site http://www.eitvcloud.com whose information submitted will be your sole responsibility. Acceptance to be made in the specific field as well as the payment of the first month, ACCEPTANCE correspond to the general terms and conditions of the contract and the confirmation of the veracity of the information provided.
Article 2 – Description of EiTV Cloud Service
2.1. - The EiTV Cloud Service is a service owned and operated by EiTV enabling the Customer, after acceptance of the present Terms and Conditions, to host and stream video content owned by the Customer (hereinafter the “Content”), being understood that the term Content means any content, data and information, under any form.
2.2. The principal features of the EiTV Cloud Service are the following:
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Content encoding;
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Content hosting;
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Creation and customization of Customer video web site;
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Personalization of the EiTV video player;
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Streaming in multi-formats of the Content via the personalized video player;
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Absence of advertisements in relation to the Content.
2.3. - The EiTV Cloud Service does not in any way include the production or the direction by EiTV of any Content on the behalf of the Customer. The EiTV Cloud Service is available to the Customer until the termination of its subscription to the EiTV Cloud Service, as is defined in Article 9.2.
Article 3 – Conditions of Access and Use of the EiTV Cloud Service
3.1. - Accessibility
3.1.1. - The accessibility and use of the EiTV Cloud Service is available through the Site, by the Internet through any means of electronic communication such as computers and mobile phones.
3.1.2. - The access to the EiTV Cloud Service is reserved to corporate entities and physical persons over the age of 18 and having legal capacity, being agreed that the Customer is responsible for any use of the EiTV Cloud Service.
3.1.3. - If the Customer is a corporate entity, the physical person accessing the Site and/ or using the EiTV Cloud Service on behalf of Customer guarantees to EiTV that it is fully authorized to accept the present Terms and Conditions in the name of the entity to use the EiTV Cloud Service.
3.1.4. - The access to the EiTV Cloud Service granted to the Customer within the scope of the present Terms and Conditions is personal, not assignable and not transferable. To register for the EiTV Cloud Service, any entity or person shall:
3.1.5. - Once the request for registration is validated, EiTV sends the Customer a confirmation email to the email address given during registration on the Site.
3.1.6. - Subject to the provisions of these present Terms and Conditions, the registration to the EiTV Cloud Service shall be effective only upon the confirmation email being sent by EiTV. EiTV hereby advises the Customer to keep this email and/or to print it.
3.1.7. - The Customer shall communicate its specific contact information to EiTV, and update EiTV of any changes from time to time.
3.1.8. - The Customer is fully and solely responsible for the passwords necessary for the use of the EiTV Cloud Service. EiTV shall not be liable for any illegal or fraudulent use of the passwords made available to the Customer. The passwords given are considered as confidential. The Customer shall be solely liable for any suspicion of a disclosure or actual disclosure, intentional or not, of the given passwords.
3.2 - Subscriptions and Trial Periods
3.2.1. - The accountholders to EiTV Cloud may use the EiTV Cloud Service by subscribing at any time, to a monthly subscription plan, for a period of 30 days from the date of subscription, hereinafter the “Subscription Plan”, and the characteristics of which are defined more precisely on the Site.
3.2.2. - The volume of storage and streaming as well as the cost for the use over this authorized volume are specific to each Subscription Plan, and will be Customer's option object in the application form.
3.2.3. - Volumes not used by the Customer shall not be carried over to the following subscription period.
3.2.4. - The Customer is free to modify at any time its Subscription Plan provided that:
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The change to the Subscription Plan shall be immediately effective, being agreed that the Customer shall be re-engage for the whole duration of the new Subscription Plan chosen;
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In the case of a change to a lower Subscription Plan rate, the sums already paid by the Customer for the preceding Subscription Plan will not be reimbursed.
3.2.5. - EiTV may offer trial or test periods of the EiTV Cloud Service for any amount of time, whether temporarily or not. Unless otherwise indicated, these trial or test periods shall be subject to the present Terms and Conditions and shall be limited to one subscription per Customer only (one company and/or one IP address and/or one email address) for any trial or test period.
3.3 - Terms of Use
3.3.1. - The Customer shall not (i) interfere or disrupt the EiTV Cloud Service in any way, or (ii) use the EiTV Cloud Service in any illegal or unlawful manner.
3.3.2. - The Customer represents and warrants that:
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The Content is not obscene and does not constitute a violation of public order or standards of decency and good morals and, in particular by the encouragement to commit crimes and torts, incitement to racial hatred or suicide, condoning of crimes against humanity, or any child pornography;
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Any violent or pornographic Content will not be accessible to minors;
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The Content, its hosting, and its streaming will not constitute a breach of any rights of any third parties, including but not limited to (a) a violation of intellectual property rights of third parties (principally videos, TV shows, short, medium and/ or full length films, animated or not, advertisements, for which the Customer did not personally direct, or for which the Customer does not have the required authorizations from the relevant third parties of from the relevant performing and collective rights societies, or owners of the rights of this Content; (b) a harm to any third parties (including defamation, insults, offenses);
3.3.3. - According to the applicable legislation, EiTV is not required to perform any prior monitoring of the Content hosted on the EiTV Cloud Service, or to search for facts or circumstances revealing illegal activities. Nevertheless, in accordance to the applicable regulations, EiTV may (i) remove any illegal Content transmitted and/or stored through the EiTV Cloud Service after having been notified of it, being agreed and acknowledged that the Customer is fully responsible for the Content, (ii) notify the Customer of any claim arising out of its use of the EiTV Cloud Service, and (iii) provide personal data of the Customer upon request from the relevant authorities.
3.3.4. - EiTV reserves the right to suspend the Customer’s access and/or Customer’s use of the EiTV Cloud Service if EiTV becomes aware of any infringement of the applicable legislation by the Customer or of the present Terms and Conditions.
3.3.5. - The EiTV Cloud Service is provided on an “as is” basis. EiTV reserves the right to freely make any modifications or improvements to the EiTV Cloud Service at its sole discretion. The Site will be available, in principle, 24 hours a day 7 days a week, except during any scheduled or unscheduled interruptions, for maintenance needs or cases of force majeure. The Customer acknowledges and agrees that EiTV is not liable for any interruptions and waives any claim and/or lawsuit against EiTV.
3.3.6. - EiTV also reserves the right, to terminate the EiTV Cloud Service without any obligation to indemnify or refund the Customer. Any definitive termination of the Service will be reported through the Site at least 1 (one) month before it occurs.
Article 4 – Fees for Use and Payment Terms
4.1 - Fees for Use
4.1.1. - The fees for the use of the EiTV Cloud Service are indicated on the Site in American Dollars before taxes.
4.1.2. - EiTV may modify the fees for the use of the EiTV Cloud Service, at any moment, subject to a prior notification of at least 30 (thirty) days sent by EiTV by email to the Customer. If the Customer does not accept the fee increase, the Customer may terminate its Subscription Plan to the EiTV Cloud Service from its account on the Site as indicated in Article 9.3.
4.1.3. - The connection and communication costs (including Internet) linked to the use of the EiTV Cloud Service are not borne by EiTV and remain solely the charge of the Customer.
4.2 - Payment
4.2.1. - Monthly Subscription Plans
The Customer shall pay directly online, upon the date of subscription, the total amount of the relevant monthly Subscription Plan.
4.3 - General Payment Terms
4.3.1. - Except in the case of cancellation of the Subscription Plan by the Customer as provided in Article 9.3 in, the amount corresponding to the Subscription Plan chosen by the Customer will be automatically withdrawn (from the credit card given for the EiTV Cloud account) as part of a tacit renewal of the Subscription Plan chosen by the Customer at the beginning of next 30 days period.
4.3.2. - If the authorized volumes of storage and streaming of the relevant Subscription Plan chosen by the Customer are exceeded, the additional costs for the use of the EiTV Cloud Service shall be automatically withdrawn (from the credit card given for the EiTV Cloud account), at the end of the month in which the excess use.
4.3.3. - If a default in payment occurs or a withdrawal from the credit card is not possible for the amount corresponding to the Subscription Plan chosen by the Customer and/or any additional costs for the use of the EiTV Cloud Service, EiTV reserves the right to suspend access or use of the Customer of the EiTV Cloud Service.
4.3.4. - In order to optimize the security of transactions and as of the date of the upload to the Site of the present Terms and Conditions, EiTV has chosen to use the Stripe.com payment system and grants the same guarantees as the ones respectively received from the Stripe.com company.
4.3.5. - EiTV does not conserve the credit card information provided by a Customer on the Site.
4.3.6. - Provided that the Customer does not offer proof to the contrary, the records of the Stripe.com Company shall be considered proof of payments made between the Customer and EiTV.
Article 5 – Licenses
5.1. License for the Use of the EiTV Cloud Service
5.1.1. - EiTV grants to the Customer a limited, revocable, non-transferable, non-exclusive, worldwide license to use the EiTV Cloud Service. Any right not explicitly granted to the Customer is hereby reserved by EiTV.
5.1.2. - EiTV holds all rights related to the Site and in particular to the EiTV Cloud Service. The Terms and Conditions do not grant the Customer any rights to the EiTV Cloud Service, but simply a limited and revocable license according to the provisions of the present article.
5.1.3. - The Customer shall not: (a) grant a sublicense, resell, redistribute, transfer, assign, broadcast, commercially exploit or make available to any third party in any way all or part of the EiTV Cloud Service, or (b) modify or create derivative works based on the EiTV Cloud Service, or modify or decompile the EiTV Cloud Service without explicit authorization from EiTV.
5.2. License for the Content
5.2.1. - By acceptance of the Terms and Conditions, the Customer grants to EiTV a limited, revocable, non-transferable, non-exclusive, free worldwide license in order to carry out, depending on the Content, the actions required by EiTV in providing the EiTV Cloud Service in accordance with the Terms and Conditions. EiTV and the Customer explicitly agree and acknowledge that EiTV has no right of exploitation of the Content supplied by the Customer. Notwithstanding the forgoing, the Customer grants to EiTV with the present license the right to compress, digitize, host, store, encrypt, reproduce and/or to stream the Content and any other action necessary in order to provide the EiTV Cloud Service in accordance with the Terms and Conditions.
Article 6 – Warranties and Guarantees
6.1. - The Customer warrants and guarantees (i) that it owns fully and unconditionally, or that it possesses or has obtained all the rights, approvals, licenses, agreements and authorizations (including but not limited to the authors of the Content, directors, editors, producers, performing and collective rights societies, artists-performers or executors, technicians) required to respect its obligations, exercise its rights, and grant licenses according to the Terms and Conditions and (ii) that it aims to use the EiTV Cloud Service and fulfill its obligations as defined in these Terms and Conditions, in accordance with all applicable local, regional, national and international laws, rules and provisions.
Article 7 – Responsibility
7.1. - The Customer is solely responsible for (i) its use of the EiTV Cloud Service and specifically of the Content it stores and makes available to the public through the EiTV Cloud Service (ii) and the protection of its computer hardware against any virus or interruption.
7.2. - EiTV 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 EiTV Cloud Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause.
7.3. - Unless otherwise stated in the present Terms and Conditions, EiTV does not grant any guarantee of any kind to the Customer, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. EiTV shall not make any backup copies of the hosted Content. The Customer shall take all the necessary measures to create a backup copy of its Content in case of loss and/or damage of the hosted Content on the EiTV Cloud Service, for any cause, but also in case of deletion of the account of the Customer under the conditions defined in Article 9.3.
7.4. - The Customer shall be liable for any third party complaints, claims or oppositions, and more generally any third party action or claim against EiTV arising out of the Customer’s use of the EiTV Cloud Service.
Article 8 – Personal Data
8.1. - In accordance with applicable legislation related to the protection of privacy, the Customer’s personal data are exclusively intended for EiTV and are not subject to any communication to third parties, unless given prior authorization by the Customer.
8.2. - If given prior authorization by the Customer, EiTV may use the Customer data to mail newsletters from which the Customer shall be able to unsubscribe at any time.
8.3. - The Customer may, access and/or rectify its information, at any time, directly online in the section “Edit account” of the Site.
8.4. - The Customer is informed that its personal data may be disclosed in accordance with any law, regulation, or decision of a relevant regulatory or judicial authority or in case of judicial proceedings, if considered necessary by EiTV.
Article 9 – No Withdrawal – Term – Termination
9.1. No Right of Withdrawal for Physical Persons
9.1.1. - The Customer, as a physical person, acknowledges and expressly agrees (i) that the EiTV Cloud Service begins from the date of validation of registration to the Site and (ii) to not benefit from the right of withdrawal related to the online sales. No request for withdrawal, cancelation or refund shall be allowed.
9.2 Term
9.2.1. - EiTV grants the use of the EiTV Cloud Service to the Customer:
9.2.2. - Any subscription is renewed by tacit renewal unless terminated by the Customer or by EiTV pursuant to Article 9.3.
9.3 Termination
9.3.1. - In the case the Customer wishes to terminate its subscription to the EiTV Cloud Service, the Customer shall notify EiTV through its Customer account, as defined in Article 3, by directly clicking on the section “Subscription Cancel” on the Site.
9.3.2. - EiTV reserves the right to terminate the Subscription Plan of the Customer to the EiTV Cloud Service in the case of a breach by the Customer of the present Terms and Conditions and in particular, due to a default in payment.
9.3.3. - All amounts paid by the Customer shall remain, in all cases, the property of EiTV.
9.3.4. - In the case of a termination of the EiTV Cloud Service or of a breach of the Terms and Conditions by the Customer, EiTV reserves the right to immediately and without advance notice or refund of any payments, suspend, the access of a Customer to the EiTV Cloud Service, temporarily or permanently, by deactivation of the EiTV Cloud account and without waiver of any other rights belonging to EiTV.
Article 10 – Amendments to the Present Terms and Conditions
10.1. - EiTV may modify all or part of the Terms and Conditions, at any time and at its sole discretion, subject to a prior notice of at least 30 (thirty) days to the Customer before uploading them onto the Site, being agreed that in the case the Customer does not agree to these amendments, the Customer is free to terminate its access to the EiTV Cloud Service as indicated in the Article 9.3. In the absence of termination, the new Terms and Conditions will be applicable as soon as they are available on the Site.
Article 11 – Customer Service
11.1. - For any information, EiTV may be contacted directly online on the Site in the section “Contact us” or by mail at the following address: Rua Rafael Andrade Duarte, 600, 4o Andar, Jardim Paraíso, CEP 13.100-011, Campinas, São Paulo, Brasil
Article 12 – General Terms
12.1. - If one or more of the terms of the present Terms and Conditions is considered to be invalid as such or for any reason, all other conditions will remain in force without any modification.
12.2. - The present Terms and Conditions are subject to the Delaware law. In case of a dispute, the parties will seek an amicable solution before any judicial action. In the absence of such, any complaint of the validity, interpretation and/or execution of the present Terms and Conditions shall be made to the Delaware jurisdictions, even in case of multiple defendants or in case of indemnifying third parties.
12.3. - All of the present provisions which, by their nature, extend beyond the termination of the present Terms and Conditions shall remain effective until fulfilled and apply to the respective heirs and assigns.
12.4. - The acceptance by the Customer of the present Terms and Conditions constitutes the entire agreement between the parties regarding the related matters and prevails over any other prior agreement concluded between the parties relating to the same matters. Unless otherwise stated in the present Terms and Conditions these Terms and Conditions shall not be modified without the written consent signed by the authorized representatives of both the Customer and EiTV.
Updated on July 5th, 2016.