Terms of use

When accessing the TheStream Web site (www.thestreamart.com), or any application (including mobile applications) provided by TheStream (collectively the “Services”) or by using one of them, you agree to be bound From these Terms of Use (“Terms of Use”).

A Stream is a collection of binomials. We call Binomio the association between an image and an emotion among the 8 available, each of them associated with a preset color. The image, once associated with an emotion, will be colored according with the predefined color. For images we generically mean non-editable texts, files, photos, graphics, any kind of information that has been processed and saved as image in gif, jpg, png formats.

The Services are owned by Vittorio Corona (“Viktor”). These Terms of Use define and determine the legal rights and obligations of the user. If the user dones not agree to all these Terms of Use, he will not be able to access or use the Services.

Basic Terms

a.      The use of the Services is reserved to users who are at least 14 years old. If the user is younger than 14 years old, a parent or tutor approval will be required.

b.      It is forbidden to publish on the Stream, Images with violence, total or partial nakedness, discriminatory, contrary to public order or good habits, containing hate messages, pornographic or explicit sexual allusions.

c.      You are responsible for any activity that occurs within your account and you agree not to sell, transfer or assign to third parties your account, username, or any rights of it. You agree not to create an account except than for yourself. You also acknowledge that all information provided to TheStream at the time of registration and at any time are true, accurate, up-to-date and complete, and also agree to update the information as needed to ensure its truthfulness and accuracy.

d.      You agree not to request, collect, or use the access credentials of other users of TheStream.

e.      It is the responsibility of the user to keep his / her login credentials safe and secure.

f.       It is forbidden to defame, persecute, abuse, annoy, impersonate or intimidate individuals, legal persons (such as internationally recognized brand names) or other entities, and it is also forbidden to publish through a Stream private or confidential information, including, among the others , Credit card details, tax codes, or other national identification numbers, private addresses or location information, non-public phone numbers, non-public or private email addresses.

g.      It is forbidden to use The Stream for any illicit or unauthorized purpose.You agree to comply with all EU, national and EU laws, regulations and regulations applicable to the use of the Services and Content (as defined below), including copyright.

h.      You are the only responsible for your behavior and all data, text, files, information, user names, images, streams created, intellectual property, and other content or materials (collectively, the “Content”) sent, Published or created, displayed on or through the Services. In particular, You solace TheStream from any responsibility of the use of content whose intellectual property is owned by third parties.

i.       It is forbidden to access TheStream services by tools, methods other than those allowed by TheStream itself.

j.       It is forbidden to create or send e-mails, comments, unwanted comments or other commercial communications (also known as “spam”) to all users of TheStream.

k.      It is forbidden to use domain names or web URLs in username account without the prior written consent of TheStream.

l.       It is forbidden to interfere or compromise Services, servers or networks connected to the Services, including the transmission of any kind of worm, virus, spyware, malware or other destructive or intrusive code.It is forbidden to inject content or codes as well as to alter or otherwise interfere with the displaying of the TheStream page on the browser or on a user’s device.

m.     It is prohibited to create accounts with unauthorized methods, including, but not limited to, the use of automated devices, scripts, bots, spiders, crawlers or scrapers.

n.      It is forbidden to try to prevent another user from using the Services and it is also forbidden to encourage any violation of these Terms of Use or other terms of TheStream.

o.     Not to comply with these Terms of Use may, at the sole discretion of TheStream, could bring to terminate the User’s Account.You agree to  understand and agree that TheStream may not and will not be held liable for Content Publishing and that the use of the Services is at your own risk. In the event of non-fulfillment in the form and substance of these Terms of Use, or if the user behaviour is the cause of legal risks for TheStream, we may terminate the provisioning of part or of all of the Services to the user.

General conditions

a.     We reserve the right to modify or terminate the provision of Services or access to Services for any reason, without notice, at any time and without any liability to you. You can disable your TheStream account by contacting the TheStream support team directly through thestreamart.com. In the event of a disruption of Access to Services by us or disabling your account, the images and all other data will no longer be accessible through the account, however such materials and data may continue to exist And be visible within the Services (eg if User Content has been retrieved from others). The user content shared with other users will be instead visible, but they will no longer be able to identify the creator.

b.     all rights guaranteed by these Terms of Use will be immediately terminated after account disabling.

c.     We reserve the right, at our sole discretion, to modify these Terms of Use (“Updated Conditions”). For legal or administrative reasons, a communication will be sent in advance, before new Terms will be applied. You agree that the new terms of use will be published on services and You agree that the use of the services, after the update with new terms of use, is Your acceptance of them. Therefore, you must read these Terms of Use and any updated Terms before using the Services. The up-to-date Terms will come into force at the time of publication or at a later date if specified in the current Terms and Conditions and will be applicable to the use of the Services from that date onwards. These Terms of Use govern any controversy arising prior to the date of entry into force of the updated Terms.

c.     We reserve the right to deny access to the Services to anyone, for any reason and at any time.

d.     We reserve the right to suspend any username for any reason.

e.     We have the right, although not the obligation, to remove, modify, block, and / or monitor the Content or Account that, in our sole discretion, does not comply with these Terms of Use.

f.      The user is solely responsible for the streams he creates and the contents he decides to publish.

g.     You agree not to consider TheStream responsible or liable for the conduct of any user. TheStream reserves the right, without however having the obligation, to monitor or to be involved in disputes between you and other users. You are encouraged to exercise all common sense in interacting with other people, including when submitting or publishing Content or data or other personal information.

h.     You agree to be liable for any charge for the transmission of data deriving from the use of the Services.

i.      Crawling, scraping, caching, and any type of access to Content on the Services through automated means including, but not limited to, user profiles and photos are prohibited (except when it comes to the result of standard engine protocols Research or technologies used by a search engine with the explicit consent of TheStream).

Rights

a.      TheStream does not claim any property of any content published by the users. You grant to TheStream a non-exclusive, royalty-free license, which may be granted as subordinate and valid worldwide, for the use of Images posted on the Stream subject to the Privacy Policy of TheStream, available here, including, but not limited to, Section 3 (“Sharing User Information”), 4 (“User Information store means”) and 5 (“user choices about informations “).

b.      You claim and warrant that: (i) you are the owner of any Images published in the Stream or have the right to grant the rights and licenses set forth in these Terms of Use; (Ii) that the publication and use of Content Services or through them does not abide, infringe or violate third party rights, including, but not limited to, the right to privacy, advertising rights, copyright, trademarks And / or any intellectual property rights; (Iii) accept payment of all royalties, expenses, and other amounts due to copyright owners if they have published images on the Stream; (Iv) have legal rights and legal capacity to comply with these Terms of Use in their jurisdiction.

c.     The Services are either property owned or licensed by TheStream (“TheStream Content”). TheStream Content is protected by copyright, trademark law, patents, commercial secrecy, and other laws and, as is the case between the user and TheStream, TheStream owns and holds all Rights on Content of TheStream and Services. It is forbidden to remove, alter, or conceal copyright, trade marks, trademarks or other property rights notices integrated in the Thestream or related to them, and it is also forbidden to reproduce, modify, adapt and arrange derivative works, display, display Publish, distribute, transmit, disseminate, sell, license, or exploit in any other way the Content of TheStream.

d.      TheStream name and logo are registered trademarks of Viktor and can not be copied, imitated, or used, wholly or in part, without the prior written permission of Viktor except cases in accordance with our trademark guidelines , Available at: thestreamart.com. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and may not be copied, imitated, or used, in whole or in part, without The prior written consent of TheStream. Although the purpose of TheStream is to make your Services as accessible as possible, there will be times when such Services may be interrupted, including, moreover, for maintenance or scheduled updates, for emergency repairs or due to breakdowns in the connections And / or telecommunications equipment. In addition, TheStream reserves the right to remove any Content from the Services for any reason without prior notice. Removed content may no longer be recoverable. As a result, TheStream encourages you to retain your Content Backup. In other words, TheStream is not a backup service and you agree not to rely on Services for backup or storage of Content. TheStream will not be held responsible for any changes, suspensions or interruptions to the Services or loss of Content.In addition, you acknowledge that the Internet may be subject to security breaches and that the submission of Content or other information may not be safe.

e.      You are aware that TheStream is not responsible for the publication of contents within the Stream.

f.     TheStream has no obligation to preview, monitor, modify, or remove the contents. If the content you publish on the stream does not comply with these Terms of Use, you will be the sole liable. Except as otherwise provided in the Services Privacy Policy, available here, the images exchanged between You and TheStream are of a non-reserved and non-proprietary nature and TheStream shall not be held liable for the use and disclosure of such Images as published within the Stream.You acknowledge and agree that your relationship with TheStream is not of a confidential, trustworthy or other kind of special nature, and that your decision to send any Images does not put TheStream in a position other than general public. No User content will be subject to the confidentiality obligation by TheStream and the latter will not be held liable for any use or disclosure of the provided Content.

h.      TheStream policy does not consider content, information, ideas, suggestions or materials other than the one specifically requested and subject to specific terms, conditions, and requirements. This avoids misunderstandings if your ideas are similar to those we have developed or are being developed independently. As a result, TheStream does not accept material or ideas and does not assume any responsibility for such material or ideas transmitted for that purpose. If, in spite of our policy, the user decides to send us content, information, ideas, suggestions or other material, he also agrees that TheStream has the freedom to use such content, information, ideas, suggestions or other material for any purpose included Exemplifying title, development and marketing of products and services, without any liability or any kind of payment to the user.

Reporting of copyright infringement or other intellectual property violations

a.      We respect the rights of third parties and we expect the user to do the same.

b.      We will provide the tools you need to protect your intellectual property rights. For more information on reporting violations of intellectual property, visit: thestreamart.com

c.      If the user does not respect third-party intellectual property rights, we will disable your account where we consider it appropriate.

Exclusion of Liability

THE SERVICES ARE PROVIDED “AS IS” IN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NON THESTREAM, VIKTOR OR ANY OF ITS EMPLOYEES, MANAGERS, PERSONS OR AGENTS (COLLECTIVELY, THE “THESTREAM PARTIES”) PROVIDE ANY DECLARATION OR WARRANTY OR APPROVAL TO : (A) THE SERVICES; (B) THESTREAM CONTENTS; (C) THE USER’S CONTENT; O (D) SECURITY ASSOCIATED TO TRANSMISSION OF INFORMATION TO THESTREAM OR THROUGH SERVICES. THEREFORE, THESTREAM’S PARTIES EXCLUDE WITH THESE ANY RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CONSULT, TRADE, INTEGRATION OF THE SYSTEM AND ABSENCE OF COMPUTER VIRUS. THE THESTREAM DO NOT DECLARATE THAT THE SERVICES ARE AVAILABLE WITHOUT ANY ERROR OR WITHOUT ANY DOWNTIME, THAT THE DEFECTS WILL BE CORRECT. THESTREAM’S PARTIES DO NOT WARRANT THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT THE USE OF SERVICES IS TO YOUR OWN RISK AND DANGER. THE THESTREAM PARTY DOES NOT WARRANT THAT THE USE OF SERVICES BY THE USER IS LEGAL IN CERTAIN JURISDICTIONS AND THESTREAM PARTS EXCLUDE SPECIFICALLY THESE GUARANTEES. ACCORDING TO SERVICES OR USES, YOU DECLARE AND WARRANT THAT OWN ACTIVITIES ARE LICENSED IN ANY JURISDICTION WHICH ACCESS TO SERVICES OR USES. YOU DECLARE THAT YOUR ACTIVITIES RELATED TO THE USE OF SERVICES ARE LEGAL IN ANY JURISDICTION AND ANY COUNTRY FROM WHERE YOU ACCESS THE STREAM. Limitation of Liability THESTREAM’S PARTIES ARE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR DAMAGES, WHICH ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE CONTENTS OF THESTREAM: (C) THE USER’S CONTENT; (D) USE OR IMPOSSIBILITY FOR USE OF SERVICES ; (E) ACTIONS TAKEN IN RELATION TO AN INVESTIGATION OF THE THESTREAM PARTS OR BY THE FORCES OF LAW AND ORDER FOR THE USE OF THE SERVICES BY THE USER OR OTHERS; (F) ANY ACTION IN RELATION TO COPYRIGHT OR OTHER PROVIDERS OF INTELLECTUAL PROPERTY; (G) POSSIBLE FAILURE OR DOWN-TIME OF SERVICES; (H) POSSIBLE DAMAGE TO COMPUTER, USER MOBILE DEVICES OR OTHER EQUIPMENT OR TECHNOLOGIES, INCLUDING BUT NOT LIMITED TO DAMAGE ARISING FROM VIRUS, BUGS,, ERROR, OMISSIONS, INTERRUPTIONS, FAULTS , DELAYS IN OPERATION OR TRANSMISSION, NETWORK CONNECTION FAILURE OR ANY TECHNICAL ISSUES, IN ANY CASE THE THESTREAM PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, E.G. DEATH OR PERSONAL INJURY. IN EVERY CASE THE MAXIMUM RESPONSIBILITY OF THESTREAM’S PARTIES TO THE USER FOR ALL DAMAGES, LOSSES OR SUBSTANTIAL RIGHTS REFUNDED WILL BE NOT MORE THAN ONE HUNDRED U.S. DOLLARS ($ 100.00).

You (and any third parties for whom you manage an account) agree to defend (at the request of TheStream), raise and hold the TheStream Parties against any claim, liability, damage, Loss and expense, including, but not limited to, legal and procedural costs and costs arising out of or in any way related to each of the following aspects (including following any direct activity of the User on Services or activities carried out on behalf of the User) : (I) the User Content or access to or use of the Services; (Ii) the non-fulfillment or alleged non-compliance by you of these Terms of Use; (Iii) non-respect by you of third party rights, including, but not limited to, any intellectual property rights, advertising, privacy, property or privacy; (Iv) your failure to comply with laws, regulations, regulations, codes, statutes, ordinances or orders of governmental or parastatal authorities including all regulatory, administrative and legislative authorities; Or (v) any misleading or misleading statement made by the user. You agree to cooperate as required by TheStream in the defense of any claim. TheStream reserves the right to assume the exclusive defense and control of any matter subject to user’s compensation and the user will in no way accept the resolution of any disputes without the prior written consent of TheStream.

Arbitration

All disputes arising from these Terms of Use, including those relating to their creation, interpretation, execution, legal validity, modification and extinction, shall be devolved to the judgment of an arbitration panel composed by three members, the first two Shall be appointed by each of the parties and the third one by mutual agreement .The President of the Court of First Instance shall appoint the arbitrator for the litigious party in case the parties did not reach the agreement within the time prescribed by art. 810, paragraph 1, c.p.c. If the parties in dispute are more than two, the dispute will be devolved to the judgment of an arbitrator Single, agreed by the parties, or defective, by the President of the Courthouse of Milan.

Time limit for complaints

You agree that any claims arising from the relationship with or linked to TheStream must be presented within one month of the occurance of the complaint; Complaints received beyond the pre-designated term will not be accepted.

Applicable laws

These Terms of Use are governed and interpreted according to the laws of the Italian State and the EU.

Territorial limitations

Information provided in the Services is not intended for distribution or use by individuals or entities in jurisdictions or countries where such distribution or use is contrary to laws or regulations. We reserve the right to limit the availability of the Services, or any part of the Services, to people, geographical areas or jurisdictions, at any time and at our absolute discretion, and to limit the services or other functions Provided by TheStream.