GENERAL TERMS OF USE

The following general terms of use and legal information (hereinafter, "Terms of Use") govern the use and access to the website www.streamprotools.com and the corresponding mobile application (hereinafter referred to collectively as the "Platform"), title Stream Pro Tools.

In compliance with the provisions of Article 10 of Law 34/2002, of the 11th of July, on the Information Society and Electronic Commerce Services, the following data pertaining to the owner of the Platform is outlined:

Registration, access and browsing on the Platform as well as downloading and installing the App Stream Pro Tools implies a full and unreserved acceptance of these present Terms of Use on the behalf of browsers and platform users.

1. Object

Stream Pro Tools is a development company that aims to provide best tools for streamers (hereinafter, the "Users").

The present Terms of Use are intended to regulate the terms and conditions that apply to the provision and management of information provided through the platform and the services offered by Stream Pro Tools. These conditions incorporate our privacy policy, accessible on the application found in the Preferences section of the Platform.

2. Sign-up, registration and user profiles

To be a user of the platform it is essential that the following requirements are met:

  • Truthfully complete the required fields on the registration form, in which personal data such as name and email address, and/ or Instagram or Facebook account are requested.
  • Accept the present Terms of Use (including our Privacy Policy), expressed through proceeding with the registration on the Platform.

In the case where it is estimated that a user may be under 18 years old, Stream Pro Tools reserves the right to require that the user provides evidence to society that he/she does have the age, if not and is less, the expressed permission of their parents or legal guardians to accept these Terms of Use and perform all actions that are available to them on the Platform.

The User guarantees that all data concerning the identity and legitimacy provided to Stream Pro Tools on their registration forms of the Platform are truthful, accurate and complete. Also commits to keeping the data updated at all times. In the event that the User provides any false, inaccurate or incomplete data or if Stream Pro Tools considers that there are grounds to doubt the truthfulness, accuracy and completeness of these, Stream Pro Tools may deny access and present or future use of the platform or any of its contents and/ or services; likewise terminating the User and cancelling the account.

If the user subscribes through an account other social network / portal or internet service, he/she accepts the validity and effectiveness of all communications sent by Stream Pro Tools to that account.

When registering on the Platform the user selects a user name and a password in the case of not registering through an existing social media account (currently Instagram or Facebook). If you register with a social media account you must allow the platform to access account information and you must choose a username (username) on the Platform.

Both the username and password, as the data of the social media account you use to access the platform (usually username, password and e-mail used to access said account) are strictly confidential, personal and non-transferable (collectively the "Access Keys"). The User agrees not to disclose these access keys or make them accessible to third parties. Since Stream Pro Tools cannot guarantee the identity of registered users, the User shall be solely liable for use of Access Keys by third parties, including the findings made on the Platform or through the Platform, or any other action that is carried out by using the access keys.

Users are obliged to promptly disclose to Stream Pro Tools the theft, disclosure or loss of the access keys, corresponding with Stream Pro Tools via the email legal@streamprotools.com

Once registration is completed, any user can access your profile and complete and/ or edit as it deems appropriate, provided it complies with these present Terms of Use.

3. Unsubscribing of users and termination of services

Users may unsubscribe from the Platform at any time by sending an email to legal@streamprotools.com with the email subject "Unsubscribe" and including in the body of the email the username and e mail or username on the social media account used when registering on the Platform.

Stream Pro Tools may suspend or terminate a User (and therefore choose to suspend or terminate this contract) (i) immediately if the user fails to comply with any requirement of the Terms of Use or (ii) immediately if Stream Pro Tools stops providing the services offered through the Platform or (iii) if the user is idle for more than 6 months (in the latter case, you will be notified in writing 15 days before cancellation) (iv) any time and without stating any cause (by written notice sent 30 days prior to cancellation or suspension).

The fact that a user is unsubscribed or the user him/ herself unsubscribes involves the termination of the Terms of Use (although certain clauses may continue to have legal implications depending on the nature of such).

In the event of contract termination, the User agrees to (a) remove any copies they have of the implementation of the Platform and (b) to discontinue their use of the Platform. In addition, access to the User Account and all its contents will be deactivated and its contents removed, unless there are backups kept (which are used exclusively for data recovery or "back up" and legal defence within the interests of Stream Pro Tools).

4. User Obligations

Users are solely responsible for the access to and proper use of their profile and other contents on the Platform, subject to the law, whether national or international, as well as the principles of good faith, morals, good customs and public order. Specifically but without limitation, they agree to diligently observe these Terms of Use.

Generally, users will refrain from using their profile and the remaining content and services of the Platform, for purposes or effects (a) other than to share photos, opinions and purchasing decisions on garments, clothing and fashion or (b) are unlawful or harmful to the rights and interests of others, or in any way damage, disable, affect or impair the Platform, its contents and services. It is also prohibited to use the platform in any way that prevents or hinders the proper functioning of the Platform or the normal use or enjoyment of the Platform to other users.

Users hereby agree to (including but not limited to):

  • Provide accurate and updated information, in any communication with Stream Pro Tools or any content or information communicated on the Platform.
  • Not use personal data – whether the users own or third party- containing sensitive information relating to identified or identifiable individuals, such as: racial origin; union membership; religion, ideology or sexual orientation; health data; or data relating to criminal records, procedures and sanctions or fines arising thereof or breaches of monetary obligations.
  • Not use false identities or impersonate others in the use of the Platform or using any services thereof.
  • Not use the Platform for illegal or unauthorized purposes.
  • Not host, store, disclose, publish, distribute or share any content that may involve unlawful interference in or violation of any form of fundamental rights to the honour, image and personal and family privacy of third parties and, especially of underage persons.
  • Not publish on the platform any comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or otherwise contrary to morality or public order.
  • Do not alter or modify the Platform, in whole or in part, circumventing, disabling or manipulating any other functions or services of the same.
  • Abide by our Privacy Policy and not infringe the rules governing the protection of personal data.
  • Not enter, store or transmit through the platform any content that infringes industrial property rights and/ or intellectual or confidential information from third parties, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.
  • Not use the platform to injure, defame, intimidate, violate the self-image of or harass other users.
  • Not access the email accounts of other users.
  • Not enter, store or transmit via Platform any programs, data, code, computer viruses, corrupted files, or any other electronic or fixed devices that may cause damage or alterations in any of the computers, networks, contents or systems of Stream Pro Tools, or any other users or third parties.
  • Not destroy, alter, use to use, disable or damage data, information, programs or electronic documents of Stream Pro Tools, its users or third parties.
  • Not send emails to other users for commercial purposes, or provide or send email addresses to third parties without their consent.
  • Not make fraudulent use of the reward system in order to obtain revenue from fake purchases, either through fake users or any forms of suspicious behaviour.
  • Comply at all times with the advertising regulation, administrative regulations and advertising self-regulation along with not making "influential" comments contrary to lawful competition.

Those who violate such obligations shall be liable for any loss or damage incurred. To the maximum extent permitted by the relevant law, Stream Pro Tools will not be responsible for any consequences or damages that may arise from such access or illicit use by third parties.

Access to the platform may be refused by Stream Pro Tools to those users who, in any way, violate the obligations or violate these present Terms of Use or any other legal text included in the Platform, such as the Privacy Policy

5. Content generated by the Users

Users expressly acknowledge and agree that Stream Pro Tools does not monitor, edit or control the User Content. Notwithstanding the foregoing, Stream Pro Tools reserves the right to cancel, withdraw or not to publish, at any time and without notice to users, any User Content it deems, in its sole discretion, as unsuitable or that violates the present Terms of Use, the law or any rights of third parties.

6. Breaches / Complaints

Any User may inform Stream Pro Tools when it considers that another user is violating these Terms of Use via email legal@streamprotools.com or by clicking the "Report" that is marked with the symbol "..." and marking or specifying the reasons why said photography or content specifically violates these present Terms of Use.

Stream Pro Tools shall verify this report as soon as possible, and take the measures it deems appropriate, reserving the right to withdraw and/ or suspend any User of the Platform for breach of these Terms of Use. Stream Pro Tools also reserves the right to withdraw and/ or suspend any User Content deemed illegal or offensive, without prior notice or subsequent notification.

7. Responsibility of Stream Pro Tools

7.1. Functioning

The User is responsible for furnishing the services and equipment required to connect to the Internet and to access the Platform. In the event of any incident or difficulty accessing the Platform, the User can report to Stream Pro Tools via email at legal@streamprotools.com, which shall analyse the incident and give instructions to the user on how to resolve it as soon as possible.

Stream Pro Tools will not respond in cases of service interruptions, connection errors, unavailability or deficiencies in accesing Internet services or interruptions of the Internet or for any other reason beyond its control.

Stream Pro Tools reserves the right to terminate your access to the platform at any time and without notice, either for technical reasons, security, control, maintenance, by power failure or any other cause.<

7.2. Usage by the User and User Content

Stream Pro Tools has no obligation to and does not control the use that Users of the platform make and therefore does not guarantee that users use the platform in accordance with the provisions of these present Terms of Use, or make diligent use and/ or prudent thereof. Stream Pro Tools has no obligation to check and verify the identity of users or the accuracy, validity, completeness and/ or authenticity of the data they provide.

Consequently, Stream Pro Tools is not responsible for the use that users make of the content of the Platform that may involve a violation of any rule, national or international, rights of intellectual property or any other third party rights. In particular, Stream Pro Tools publishing cannot be held responsible, and expressly states that it is not identified with any of the User Content, the consequences of which are the sole responsibility of the issuer thereof.

To the maximum extent permitted by applicable law, Stream Pro Tools excludes any liability for damages of any kind that may result from the illicit use of the Platform by Users or that may result from the lack of veracity, completeness and / or authenticity of the information that users provide to other users about themselves, including but not limited to damages of any kind that may be due to the impersonation of a third party by a User in any kind of correspondence via the Platform.

Users assume all liability for the use of the Platform, being solely responsible for any direct or indirect effect on the Platform derived, including but not limited to, all economic, technical and/ or legal aspects, and the failure to meet expectations generated by this platform, compelling the users to release Stream Pro Tools of all liability for any claims arising directly or indirectly from such facts.

Notwithstanding the foregoing, Stream Pro Tools reserves the right to limit, in whole or in part, access to the Platform to certain users, and to cancel, suspend, block or remove certain types of content, using suitable technological tools the effect, if it had actual knowledge that the activity or information stored is unlawful or harms property or rights of a third party or is fraudulent. In this regard, Stream Pro Tools may implement the necessary filters to prevent that via our service, illegal or harmful content be posted on the Internet.

8. Intellectual Property

Stream Pro Tools is the owner or licensee of all intellectual and industrial property including all of the content accessible on it and through the Platform, including but not limited to texts, images, photographs, graphic design, navigation structure, information, source code, databases and any other contents included in the Platform.

User authorization for access, use of the platform and the services offered therein do not imply any transfer of intellectual or industrial property on it or such content except as mentioned below.

Stream Pro Tools grants the User a limited license to access and make personal use of the platform and the services offered therein, also to download the mobile application. Such license only grants the essential intellectual property rights for the purpose of complying with these Terms of Use (right of use and unique reproduction of the mobile application in a single backup device) it is non-exclusive, global and its duration is limited only to the validity of the contractual relationship with Stream Pro Tools users under these Terms of Use.

Any user who proceeds to share User content through the platform guarantees (a) free licensing to Stream Pro Tools and the users of the Platform, pertaining only to the intellectual property rights necessary for the purposes of the platform and also for advertising purposes, promotional, educational and/ or identification of the platform (rights of public communication, reproduction in the platform and transformation for the sole purposes of adaptation/ editing content on the platform) on a non-exclusive basis, globally and for the maximum legal duration of the rights granted (b) they hold the rights necessary to do so and (c) will release Stream Pro Tools of any responsibility for the content and legality of the information published and shall compensate them in the event of the breach of this warranty.

9. Links

On the Platform the User may find links to other websites operated by third parties. Establishing any links, redirections or associations ("links") to other websites (www) enabled from the Platform does not imply any kind of relationship, collaboration or dependency between Stream Pro Tools and those responsible for the other websites and does not imply a guarantee to the user of Stream Pro Tools of the content of said website.

10. Severability

If any of the clauses from these present Terms of Use should be nulled of full right or voidable, said condition shall be removed. Such a declaration of invalidity shall not invalidate the rest of the Terms of Use, which shall remain valid and effective.

11. Platform upgrade and modification

Stream Pro Tools reserves the right to modify at any time without prior notice, the structure, configuration and design of the platform as well as these present Terms of Use and Privacy Policy. Users should carefully read these Terms of Use to access the platform. In any case, browsing of and simple access to the Platform involves the acceptance of any amendment. An updated version of these Terms of Use will be available permanently on the Platform.

Also, Stream Pro Tools reserves the right to make, at any time and without notice, upgrades, modifications or deletion of information contained in its platform in the configuration and presentation thereof along with the conditions of access, without assuming any responsibility for it. Stream Pro Tools does not guarantee an interruption or error-free service when accessing the Platform or its content, nor that such information is always up to date, however, Stream Pro Tools will perform, provided that no causes that make these impossible or difficult to execute and as soon as it becomes aware of the errors, disconnections or lack of updated content, all work required to correct such errors, restore communication and update contents.

12. Governing Law

The validity, execution and interpretation of these Terms of Use shall be governed in all respects by the Spanish laws. In the event of any conflict or discrepancy in the interpretation or application of these present Terms of Use for use of the Platform, the case will be submitted to the Courts of Barcelona, Spain.

13. Updating the Terms of Use

In general these Terms of Use may be modified at any time without notice. Regarding the Users, they will be notified of the modification of the Terms of Use before such action takes place (30 calendar days prior if it affects policy data protection, 7 calendar days prior if it does not affect that clause). If the user does not accept the modification of the Terms of Use they should stop using the Platform before the modifications take place and should unsubscribe as a registered user, remove the mobile application and terminate validity of these Terms of Use.