Terms And Conditions
- General Terms
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective 7 days following the posting of the modified Terms on our App, and will apply to causes of action arising after the effective date of the change. Please check the App from time to time for changes. Your continued use of our App or the Services following the posting of the modified Terms will mean that you accept those changes.
By accessing or using our Services, you affirm that: (i) you can form a binding contract with us; (ii) you create the account for your own use; and (iii) you are over the age of 13, as the Services are not intended for children under 13.
If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that corporation and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
- Using our Services
- App License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of our App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes and to use our Services, provided that: (i) you will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) you will not transmit any Content (as defined below) which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Services; and (v) you will comply with these Terms.
This license will also govern any updates of the App and Services provided by us that replace, repair, and/or supplement the first version of the App or of the Services, unless a separate license is provided for such update in which case the terms of that new license will govern.
You acknowledge that your use of the App and Services grants you no rights in or to the App, our Services, or any of our intellectual property rights (including copyright, trademarks and patents) other than the rights relating to the App and Services expressly granted to you under these Terms. We reserve all rights not expressly granted in and to the App and the Services.
- Media uploads. Certain features of the Services provided through the App require access to and use of your mobile device’s media storage applications (e.g., to use a video in your image gallery). Although you may decide whether or not to use these features, on Android devices you grant us permission to access this feature as part of the installation process. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the App from your device. Alternatively, on iOS devices, you can grant or revoke your consent at any time and prevent us from continuing to access your media storage applications by changing the settings on your device. You hereby authorize the App to access such components of your mobile device. You hereby acknowledge and agree that by using the Services, media may be sent from your mobile device to Omnistream and you accept such transmission as a condition of usage. All media you upload will be subject to the terms applicable to Content (as defined below), as described below.
- Open-Source Software. Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
- Content and Marks. The content (as defined below) on the Services, including without limitation, videos, sounds, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, User Content (as defined below) and any other content on the Services (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us.
“Omnistream”, the Omnistream logo, and other marks are trademarks by Omnistream or our affiliates’ Marks. All other trademarks, service marks, and logos used on our Services are the trademarks, service marks, or logos of their respective owners.
- Your account. As a condition to using our Services, you are required to register to Omnistream and open an account with us. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account, by an e-mail to firstname.lastname@example.org. You will be liable for any use made of your account or password and for our or others’ losses due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account. If we terminate your access to the Services or you delete your account, your videos and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your channel and view your videos).
- Unauthorized use.
By using the Services you agree NOT to: (i) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or its operating systems; (ii) defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others, or incite others to commit violent acts; (iii) use or attempt to use another’s account or create a false identity; (iv) remove, copy, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, rent, lease, loan, trade, re-sell or otherwise transfer or monetize Content and information found in the Services (excluding your User Content) or the communication systems of the Services except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher, adapt, modify, create derivative works or otherwise attempt to derive the source code, Services or technology underlying the Services for any underlying intellectual property used to provide the Services, or any part thereof; (vi) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (vii) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses through or on the Services; and/or (viii) interfere or disrupt the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
- Terminating your access to the Services. We, in our sole discretion, have the right to terminate or suspend your access to the Services immediately and with or without cause. If it comes to our attention through reliable means that a registered user is a child under 13 years of age, we will terminate that user’s account and/or access to the Services.
- User Content
- Uploading your content. As a user-generated video platform, we allow you and other users of the Services to post or broadcast content (including without limitation information, videos, sounds, images, photos, clips, musical works, works of authorship, usernames, data, notes, text, documents, files, messages, signs, symbols, icons, drawings, animation, graphics, charts, designs, scripts, code, audio, comments, software, applications, links, and other materials). Anything that you or other users upload post, broadcast or otherwise make available on our Services is referred to as “User Content“.
You retain ownership, copyright and all other applicable rights in, and are solely responsible for, the User Content you post to the Services. If you believe that your copyright has been infringed, please send us a notice as set forth in Section 5 below.
You own the information you provide to the Services under these Terms, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
This license will survive any termination of these Terms and continue even if you stop using our Services.
- Removing User Content. We have the right, but not the obligation, in our sole discretion and without further notice to you, to monitor, censor, edit, modify, delete, or remove and stop the transmission of any and all User Content that we believe, in our sole discretion, does or may violate these Terms, our policies or any law.
The rights mentioned above do not necessarily mean that we review Content, so please do not assume that we do.
- Warranty for your User Content. Any information you upload, broadcast or otherwise submit to or via the Services is at your own risk of loss. You shall be solely responsible for your User Content and the consequences of posting or publishing it. By uploading or otherwise submitting User Content to the Services, you represent and warrant that: (i) you are entitled to upload or submit the User Content; (ii) you own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to any of your User Content, and to enable inclusion and use thereof as contemplated by the Services and these Terms; (iii) such User Content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
It is your responsibility to keep your User Content accurate and updated.
- Conditions to uploading User Content
As a condition to using the Services, and as a condition to uploading or otherwise submitting User Content to the Services, you agree to these terms and to strictly observe the following:
You will not display, post, submit, publish, upload, transmit, send, or otherwise make available or initiate any User Content that: (i) falsely states, impersonates other person or otherwise misrepresents your identity, or disguises the origin of User Content, including but not limited to the use of a pseudonym; (ii) adds to a content field content that is not intended for such field; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (including proprietary rights, privacy and publicity rights); (v) creates a risk to a person’s safety or health, especially children, creates a risk to public safety or health, compromises national security, promotes extreme or real-life violence, self-harm, cruelty toward animals or interferes with an investigation by law enforcement; (vi) promotes, includes or involves any illegal or unlawful activity, including illegal drugs, escort services or prostitution, theft, money laundering or terrorism or violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vii) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters”, “pyramid schemes”, or any other form of solicitation; (viii) is unlawful, defamatory, libelous, abusive, obscene, discriminatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable or inappropriate; (ix) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or of any user of the Services or of any third party; (x) is otherwise malicious or fraudulent.
- The Use of Personal Information by Us
- Copyright and Content Policy
It is our policy to respect the legitimate rights of copyright and other intellectual property owners.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA“), we have designated an agent to receive notifications of claimed copyright infringement on our Services (the “Copyright Agent”). Please be advised that Omnistream will also process claims of copyright infringement substantially in accordance with the DMCA procedures for owners of copyrighted materials who believe their rights have been infringed in their jurisdiction or in the jurisdiction of the infringing website owner, even if US Copyright Law are not applicable (but the process of conducting a takedown request will be similar).
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information in accordance with the DMCA (the “Notification”):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on our Services, with enough detail that we may find it on our Services; providing URLs in the body of an email is the best way to help us locate content quickly;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Following receipt of the Notification, we may ask you to provide further information and materials in order to dully evaluate your claim. The evaluation process may include us contacting the user who allegedly infringed your rights, in which we may provide him with your contact information.
Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent, Omnistream Ltd., Sokolov 64 Ramat Hasharon, Israel, email@example.com +972-36059277 (the “Designated Agent Contact Information“).
If you believe that the material you posted was removed by mistake, and that you have the right to post the Content, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to the Copyright Agent that includes substantially the following (the “Counter-Notification”):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.
After the receipt of the Counter-Notification, we will provide the person who submitted the Notification pursuant to which your material and Content was removed with a copy of your Counter-Notification. Subject to our evaluation, if we find your Counter-Notification to be right-full, we will replace the removed material and cease disabling access to it with no more than 14 business days, unless if the person who submitted the original claim provided the Copyright Agent with court order or other legal action.
We may deny access to or terminate the account of a user who we, at our sole discretion, determine is a repeat infringer. A repeat infringer is a user who has been notified of infringing more than once, or a user which his User Content was removed more than once. We may notify such repeat infringer of restriction or termination of his account via any means of communication such user provided upon registration, and such notification will be effective immediately.
Under the DMCA, any person who knowingly materially misrepresents: (1) that a Content is infringing; or (2) that material was removed or disabled by mistake, will be liable for any damages that may incur by such misrepresentation.
- Warranties and Disclaimers
Except as expressly provided herein your use of our Services is at your own risk. The Services are provided to you “AS IS” and on an “AS AVAILABLE” basis and without any kind of warranty (express or implied), including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for any particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. To the maximum extent permitted by law, Omnistream specifically does not warrant that (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services are free of viruses or other harmful components; (iv) any information displayed by the Services is complete and correct; or (v) the results of using the Services and the Services will meet your requirements. You understand that when using the Services, you may be exposed to Content, including User Content, that is inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose, from a variety of sources, and we take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our Services, or the defamatory, offensive, or illegal conduct of any third party, and you agree that the risk of harm or damage from the foregoing rests entirely with you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. We do not warrant, endorse or guarantee any User Content, product, or service that appears in a User Content uploaded to the Services or that is featured or advertised in the Services. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
You understand and agree that in order to use the App and the Services you will be required to use certain equipment and hardware of third parties (including, but not limited to, video camera, external converter for the video camera, smartphones, SIM cards, downlink internet line, etc.). You hereby acknowledge and agree that we do not provide any warranty or guarantee nor take any responsibility regarding such third-party equipment or hardware.
- Limitation of Liability
To the maximum extent permitted by law, under no circumstances will we and our Representatives be liable in any way for any damages including, but not limited to, any losses or damages of any kind, direct or indirect, including intangible, incidental, punitive, and consequential damages, incurred in connection with: (1) use of the App and the Services; or (2) any conduct of any third-party on the App or the Services.
To the maximum extent permitted by law, except for in case of gross negligence or willful misconduct, we and our Representatives will not be liable for any breach of duty or obligation, non-performance or malperformance of the App or our Services. For the avoidance of doubt, our liability for the abovementioned is limited to direct losses usually and typically foreseeable in such circumstances.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
- Types of Subscription
As part of registering to Omnistream you will need to choose one of our types of subscriptions on the App, each of which will be subject to the terms of payment as set forth below:
- Free Trial. The free trial subscription will allow you to use all or part of the Services (at Omnistream sole discretion, from time to time), for a term to be defined by us at the time of subscription, after which you will not be able to use the Services unless you purchase an additional subscription program;
- Recurring Subscription. The recurring subscription will allow you to use the Services for an unlimited period following the receipt by Omnistream of your payment, and for as long as you keep paying for such recurring subscription, until termination of this program or of the Services, either by you or by us, according to these Terms and this program. Following termination of this program you will not be able to use the Services unless you purchase an additional subscription program;
- Yearly Use. The yearly use subscription will allow you to use the Services for a period of one (1) calendar year following the receipt by Omnistream of your payment, after which you will not be able to use the Services unless you purchase an additional subscription program.
- Perpetual Subscription. The perpetual subscription will allow you to use the Services for an unlimited period following the receipt by Omnistream of your payment, until termination of this program or of the Services, either by you or by us, according to these Terms and conditions. From the end of the first year of the perpetual subscription and in order to ensure the functionality of this program, you will be required to pay a yearly fee, that will enable you to receive customer support, upgrades and updates, cloud services and additional maintenance services
- Payment for Subscription. You agree to pay the then-current fee for the subscription type (i.e., Recurring Subscription or Yearly Use) you have selected. The current fee for the subscription types you have selected will automatically and immediately be charged to your payment instrument or account on the date you purchase it. If you purchased a Recurring Subscription, then, you will automatically be charged with the then-current fee of the Recurring Subscription, every one (1) month. Fees charged for one subscription type may not be credited towards other subscription types. All currency references are in U.S. dollars.
- Cancellation of Subscription. If you cancel your Recurring Monthly Use subscription, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion) and to the extent permitted by applicable law, you will not be given any refund, in full or in part.
- Termination. If your payment method is invalid or rejected for any reason, your subscription will be terminated.
- Payment Processing
Omnistream partners with Leumi Card and PayPal to facilitate card payments and other payments and the disbursement of funds. Leumi Card and PayPal are third-party services provided by Leumi Card Ltd. and PayPal Holdings, Inc., respectively, and is subject to the respective payment service provider’s terms and conditions. Omnistream provides the Services but is not a payment service provider, and the relationship between you and the payment service provider is solely subject to such payment service provider’s terms and conditions.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
- Governing Law and Jurisdiction. These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- To the extent permitted by applicable law, all Sections of these Terms which by their nature should survive termination will survive the termination of these Terms, including, without limitation Sections 2.d (Content and Marks), 2.f (Unauthorized Use), 3 (User Content), 4 (The Use of Personal Information by Us), 6 (Warranties and Disclaimer), 7 (Limitation of Liability), 8 (Indemnity), 12.b (Governing Law and Jurisdiction).
- These Terms will remain in full force and effect for so long as you use the App and the Services, or until terminated by us in accordance with Terms. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Last updated on: __6th November 2022________