LEGAL NOTICES


This application is edited by MWM, a French simplified joint-stock company (SAS), with a capital of 2098,79 euros, with registered offices at 54, Avenue du Général Leclerc, 92100, Boulogne Billancourt, France, registered in the Nanterre Trade and Companies Register under number 513 627 299, Tel: +33 9 82 29 20 98, (hereinafter “
MWM”)

The Head of Publication is Jean-Baptiste Hironde.

The App is hosted on the Google Play Store, with servers geographically located in data centres in the world, with registered offices at 1600 Amphitheatre Parkway in Mountain View, California, United States, and can be contacted through the following link: https://support.google.com/?hl=en.

TERMS OF USE FOR THE STREAM APPLICATION

Last updated: 2021-07-22

  1. DEFINITIONS

App: the Stream application, developed by MWM;

Premium Services: the paid services offered by MWM on the App, either through subscription or in-app purchase;

Services: the services offered by MWM on the App, as further described in these Terms of Use;

Terms of Use: the present document called "Terms of Use for the Stream Application";

User, You: any App user holding a User Account, or using the App without being registered;

User Account: your personal account on the App;

Youtube Content : third party content available through the use of Google’s API (such as text, images, videos, audio, or software) hosted by Youtube.

  1. SCOPE OF APPLICATION

The purpose of the Terms of Use is to define the conditions under which you may use the App, and the Services provided by MWM. It is very important that you carefully read and understand these Terms of Use, because by registering on the App, and / or using its functionalities, you acknowledge that you are bound by these Terms of Use and agree to comply with them in their entirety. These Terms of Use prevail over any previous agreement, exchange or arrangement that may have been reached between you and MWM.

MWM reserves the right to amend these Terms of Use at any time, in full or in part. You can also determine the date the latest amendments were made by MWM by checking the “last updated” date given above.

If you reject the amendments made to the Terms of Use, please stop using the App.

You can consult these Terms of Use at any time under the heading “Terms of Use” on our website: https://streamplayer.io/terms-of-use.

  1. SERVICES
  1. Description of the Services

The App is a music player that gives you access to Youtube videos (“Youtube content”) and enables you to play Youtube videos via a pop up player on top or next to other apps.

The App also allows you to change the general Theme of the App, including skins for the menus, the buttons and knobs, which are unlockable by You by simply watching an ad.

Furthermore, the App includes a sleep Timer which allows you to set a timer at the end of which the playback on the music player will stop.

Finally, if you registered to the App using Facebook or Google sign-in, you may be able to import and save to the App your personal playlist.

Currently, no Premium Services are offered in the app or the Google Play store.

Nonetheless, Users having bought previous Premium Services keep benefiting from those.

  1. Price of the Services

The access to the App and to the Services are entirely free of charge.

The cost of connecting to the Internet and other fees relating to telecommunications are entirely your own responsibility.

  1. REGISTRATION / CONNECTION
  1. Access to the App / Downloading

To access the App, you must download it to your smartphone or tablet, via Google legal downloading platform (Google Play). The download is free.

  1. Minimum age

To register on the App and / or use the Services:

If you are too young to accept the Terms of Use in your country of residence, a parent or legal guardian must approve your registration on the App and accept these Terms of Use on your behalf.

  1. Registration process

To benefit from the certain Services offered by the App, you must first register by creating a User Account, which will be suggested as soon as you open the App. You can register via Facebook or Google Sign In.

You may also access the App as a non-registered User, however the Services made available to you will be limited.

You are responsible for maintaining the confidentiality and security of your password, and agree not to transfer your password, or lend or otherwise transfer your use of the Services or access to the App to any third party. You are fully responsible for all activities that occur under your username and password and therefore MWM can, in no case, be held liable for the consequences of this use. You agree to immediately notify MWM of any unauthorized use of your email address and password or any other breach of security related to your User Account at [email protected].

Please consult our Privacy Policy for further information about how MWM uses your personal data and the procedures for exercising your rights: https://streamplayer.io/privacy-policy.

  1. GOOD CONDUCT / PROHIBITED BEHAVIOUR

By using the App, you formally undertake not to carry out via the Services any illegal and / or immoral acts contrary to public order, to comply with the laws and regulations in force, not to contravene public order, and not to jeopardise the normal course of the App and Services.

The App is an automatic data processing system. Any fraudulent access or remaining within such system is forbidden and sanctioned by law. In the same manner, any hindrance or alteration of the functioning of such system, or any introduction, deletion, or modification of the data contained in such system are forbidden. Therefore, you undertake not to disturb the functioning of this automatic data processing system, and in particular not to introduce any virus, nor to damage, illegally access, or modify, the data stored on the App.

You shall not extract and / or re-utilize parts of the content of the App without the prior written authorization of MWM. In particular, you shall not use any screen scraping, web scraping, or “crawling” robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the App.

You undertake not to access, or attempt to access the App by any means other than the interface of the App provided by MWM, nor to engage in any activity likely to hinder or disturb the functioning of the App.

  1. INTELLECTUAL PROPERTY RIGHTS ON THE APP

MWM grants you, free of charge, the personal and non-exclusive right to access and use the App, exclusively for your own private and non-commercial use, in accordance with the conditions set out in these Terms of Use.

The architecture of the App, graphics, concepts, scenarios, names and trade names, trademarks, logos, slogans, domain names, databases, software, and all other components of the App, although this is not an exhaustive list (hereinafter the “Protected Elements”), are the exclusive property of MWM. As such, you are hereby informed that these Terms of Use do not entail any assignment of intellectual property rights attached to the App or to the Protected Elements in your favour.

Consequently, you shall refrain from any action that could damage, directly or indirectly, the intellectual property rights of MWM. As such, the use, reproduction, transmission, marketing or creation of derivative works based on the Protected Elements without the prior written agreement of MWM is strictly prohibited and punishable as copyright infringement.

  1. PUSH NOTIFICATIONS

If you have approved them, you may receive push notifications via the App to inform you of events relating to your User Account, or to the Services when MWM wants to share news about the App or its features.

You can deactivate or configure push notifications at any time on the “Settings” page of your device

  1. HYPERLINKS - EXTERNAL SERVICES

The App can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter “external services”).

MWM has no control over external services, and is not, and cannot be responsible for their content, operation or use. By pointing or otherwise providing access to external services, MWM makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.

External services may have their own terms of use and / or privacy policy. You are responsible for reviewing the conditions of use of these external services.

You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.

MWM disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against MWM, regarding the content or functioning of all external services.

  1. RESTRICTION OF USE OF THE YOUTUBE CONTENT

MWM does not give or licence to you any rights regarding the Youtube Content. You undertake to access and use the Youtube Content according to Youtube Terms of services accessible here : https://www.youtube.com/t/terms. Notably, You shall only use and access the Youtube Content for your personal and non-commercial use.

MWM shall not be deemed liable for Your use of the Youtube Content, and You shall bear all liabilities regarding such use.

You Hereby undertake to comply with applicable law, regulation, and the Terms of Google’s API accessible hereafter : https://developers.google.com/terms/ 

With Youtube Content, You are not allowed to:

  1. EXCLUSIONS FROM GUARANTEES

You hereby acknowledge that you use the App at your own risk. MWM cannot be held liable for the quality or comprehensiveness or availability of the Services offered by the App, the latter being offered “as is”. Furthermore, MWM reserves the right to amend or suspend its Services at its discretion, and to stop producing the App at any time, without incurring any liability as a result.

MWM shall do its best efforts to maintain the App available 7 days a week, and 24 hours a day. However, access to the App may be temporarily suspended, in case of planned or unplanned maintenance, migrations, updates, or constraints related to the functioning of Internet.

It is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability.

  1. LIABILITY

The App is to be used for private purposes only.

MWM cannot be held liable for any indirect damage, resulting from your use of the App (and in particular but without limitation loss of data, loss of customers or business, loss of chance or opportunities, loss of reputation), or from your impossibility to access the App, your use of the elements contained on the App, from any default, bug or interruption of the App.

MWM will make its best efforts to secure your access to the App, but shall not ensure full security. MWM shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or in the presence of IT viruses, or security breaches that may cause damages to your IT equipment or data.

Also, MWM shall not be liable for the consequences resulting from your violation of the Terms of Use. Therefore, you undertake to indemnify MWM in case of action from a third party, or in case MWM is sanctioned due to your fault.

  1. TERMINATION

If you fail to comply with these Terms of Use, MWM reserves the right to suspend your access to the App without notice, temporarily or permanently, without prejudice to any compensation for damages that MWM is entitled to claim.

  1. CONTACT

For any information or questions, you can write to us directly at the following email address: [email protected]. We will get back to you as quickly as possible.

  1. FINAL PROVISIONS

MWM’s failure, at any time, to enforce any of the provisions of these Terms of Use and / or its tolerance of the non-fulfilment of any of the obligations set out in these Terms of Use cannot be interpreted as MWM waiving any subsequent enforcement of any of the aforementioned provisions.

If one or more of the provisions of these Terms of Use are deemed invalid or declared as such in application of a law or regulation, or following a final decision made by a competent court, the other provisions shall retain their full force and scope. MWM may, where applicable, replace the invalid provision(s) with a new provision.

The titles of the articles in these Terms of Use are for information purposes only and should not be considered as having any legal value.

  1. APPLICABLE LAW - DISPUTES

These Terms of Use are governed by the laws of France.

In case a disagreement or a dispute arises, you may contact MWM directly in an attempt to resolve the dispute amicably.

If the dispute cannot be resolved amicably, you are informed that you can choose to use mediation free of charge.

You can also visit the European online Dispute resolution platform, available at: https://webgate.ec.europa.eu/odr/.

Any disagreement and / or difficulty with the interpretation or execution of these Terms of Use shall be referred to the competent courts.