The provider of MidnightStreamer (hereinafter Software or Service) is Lampshade Technologies, streaming content management systems, ltd, Izola, Drevored 1.maja 4A, 6310 Izola - Isola, Slovenia, Reg. No.: 8634734000, [email protected] (hereinafter Provider).
The Service supports the streaming of audio, video and similar contents (hereinafter Streaming Contents).
These Terms of Use govern the relationship between the Provider and the entity using and paying for the use of the Service (hereinafter Client).
These Terms of Use do not govern the relationship between the Client and its clients, customers or users of Client’s products and services.
The Client and the Provider shall hereinafter also be referred to jointly as Parties, and severally as Party.
By accepting these Terms of Use and by paying the chosen Fee upon placing the order to the Provider, the Client enters into a binding legal agreement (hereinafter Agreement) with the Provider. The Agreement may be terminated according to the provisions herein.
In case of discrepancy between the provisions of these Terms of Use and any other written agreement between the parties, the provisions of the latter shall prevail.
Any contents published on Provider’s website https://midnightstreamer.com is for information purposes only and the Provider is not bound by it. The Provider in no way warrants that the said contents is correct, accurate or up to date. The Provider disclaims any liability for any damages the Client or third parties may sustain due to the said contents.
The Client warrants that the data and information it provided upon placing the order to the Provider or in any previous or subsequent communication with the Provider, is true and accurate. The Client assumes full liability for any damages or other consequences as a result of false or inaccurate data or information.
The Client acknowledges that it is the sole proprietor of Streaming Contents and that the same is never, under any circumstances, stored or hosted on or streamed (transmitted) through Provider’s equipment (servers).
The Client acknowledges that the Provider has no technical or other means of abilities to check the nature and properties of the Streaming Contents.
Given the provisions of Paragraphs 1 and 2 of this Article 4, the Parties agree that the Streaming Contents shall be the sole responsibility of the Client.
The Client expressly warrants to the Provider that it is the holder of all copyrights and any other rights that may be required, to host, use and stream the Streaming Contents and to use the Service in connection with the Streaming Contents. The warranty from this paragraph relates to all the jurisdictions in which the Client uses, stores or hosts the Streaming Contents.
The Client shall hold the Provider harmless from any liability and shall defend the Provider from any claims made by third parties against the Provider, as a result of Client’s breach of obligations and warranties from the previous paragraphs of this Article. The Client shall reimburse the Provider for any damages Provider may incur as a result of Client’s failure to comply with the provisions of this paragraph, including, but not limited to, reasonable attorney fees and other expenses incurred as a result of court or administrative proceedings.
Claims by third parties from the previous paragraph include, but are not limited to, claims by copyright holders and consumers (viewers of Streaming Contents).
Should the Client fail to comply with the obligations from this Article 4, the Provider may terminate the Agreement without prior notice. In such a case, the Client shall not be entitled to any refund or reimbursement of damages.
The Client shall ensure that its use of the Service and all Streaming Content transmitted or otherwise distributed by means of the Service, whether by the Client or its users, do not violate any applicable domestic or foreign laws, rules or regulations, including, without limitation, any such laws, rules or regulations relating to content distribution, export or the rights of third parties.
Provider is the sole proprietor of copyright for the Software.
Provider grants Client a non-exclusive, non-transferable, revocable and for-payment licence to use the Software in accordance with its purpose.
Any sharing of licence with third parties without express advance written permission by the Provider or any other violation of the licence or of Provider’s copyright may result in Provider terminating the Agreement without notice. In such a case, the Client shall not be entitled to any refund or reimbursement of damages.
The Client and its users are prohibited from violating or attempting to violate the security of the Services, and any third-party network, equipment or account, including, without limitation, by engaging in any of the following activities:
The Client and its users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for the Service.
The Provider provides the Service on an as-is basis, without any warranty, express or implied, of any kind. The Provider expressly disclaims any and all warranties of fitness of the Service for a particular purpose or its merchantability. The Provider does not warrant that the Service is from any mistake or bug or that the Service shall be up and running.
By entering into the Agreement with the Provider, the Client confirms that it is fully aware of all the functionalities of the Service and of its limitations. Should the Client have any questions in this regard, it should seek clarification from the Provider before entering into the Agreement.
The Client acknowledges that once the Software has been installed onto Client’s equipment (server), Provider has no influence on the functioning of the Service, unless given access to the server by the Client.
Provider’s liability for any damages sustained by the Client or third parties as a result of using the Service or in connection therewith shall be excluded and/or limited to the fullest extent possible under applicable law.
Technical support related to the use of Service shall be provided by the Provider exclusively in the form of ticketing, accessible at https://midnightstreamer.com/whmcs/submitticket.php. Provider shall not be obliged to answer any queries or requests not received through ticketing and the stated address and cannot be held responsible for any damages or consequences related to such queries or answers.
The Provider shall answer any query or request received from the Client through ticketing within 24 hours of receipt. However, although the Provider tries to resolve all open issues in a timely manner, it does not warrant or guarantee as to when the issue addressed by the query or request shall be resolved or dealt with.
Along with sending the query or request, the Client must provide all the available details and information (which might also be asked for by the Provider after receiving the query or request). Failure to provide the requested information may result in the Provider not being able to provide the requested support.
The Agreement shall be concluded for the period of time designated upon Client’s placing of the order to the Provider (hereinafter Term). Each Party may terminate the Agreement at any time by sending a written notice to the other Party. The Agreement shall be terminated after 8 days of receiving the written notice.
After the expiration of the Term, the Agreement may be extended upon Client’s request, provided however that the fees for the Service for the period of duration which the Client chose have been duly paid.
In case of early termination of the Agreement by the Client, the Client shall not be entitled to any refund of the paid fees. In case of early termination of the Agreement by the Provider, the Client shall be entitled to the reimbursement of the proportionate amount of the paid fees, unless the Agreement has been terminated due to Client’s violations of the Agreement or as a result of force majeure. In any case, the Client shall not be entitled to the reimbursement of any damages sustained as a result of early termination by the Provider.
The Provider may limit the scope and functionalities of the Service immediately and without prior notice, should the Client fail to pay for the Service. The Agreement may be terminated, and the Service suspended by the Provider without notice in 30 days, should the Client fail to pay for the Service during the 30 days grace period. In such a case, the Client shall not be entitled to any refund or reimbursement of damages.
In any case, after the expiration of the Term or after early termination by either Party, regardless of the reason thereof, the Provider shall be entitled to delete any technical (non-commercial) data, and information of and about the Client, including but not limited to, IP numbers, username(s) and password(s), and the Provider assumes no liability for any damages or other consequences of such deletion.
These Terms of Use shall be governed and construed in accordance with the laws of the Republic of Slovenia, to the exclusion of provisions of private international law.
The courts in the Republic of Slovenia shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms of Use that may not be amicably settled between the Parties.
These Terms of Use may be changed or amended, from time to time, at Provider’s sole discretion.
The Clients shall be notified of any changes or amendments on the website https://midnightstreamer.com. By continuing to use the Service after the notification, the Client shall be deemed to have accepted the changed or amended provision and to be bound by them.
MidnightStreamer @ 2024
