Terms Of Service
Terms of Use (17/02/2012) - Update 25/02/2023 for Coolstreaming
Legal conditions:
Hi there and welcome to our Terms and Conditions of Use. We recommend that you read them carefully.
1. Introduction
Thanks for choosing CoolStreaming a service for watch web tv and listening web radio online that is provided by CoolStreaming ts is doing business under the commercial name "CoolStreaming" ("Service", "we", "us", "our").
By signing up or otherwise using the CoolStreaming service, websites, and software applications (together, the "CoolStreaming Service" or "Service"), or accessing any content or material (the "Content", "User Content") that is made available byCoolStreaming through the Service, You ("user(s)", "subscriber(s), "visitor(s)") are entering into a binding contract with CoolStreaming.
These Terms and Conditions of Use ("Terms") and our Privacy Policy together constitute an entire Agreement (the "Agreement"). You acknowledge that you have read and understood the Agreement, accept its terms, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreement, then you may not use the CoolStreaming Service or consume any Content.
CoolStreaming may modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the website. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the CoolStreaming Service shall be deemed your conclusive acceptance of the modified Agreement.
2.CoolStreaming Service
CoolStreaming is one of the largest directories of online streaming Web Tv / Web Radio stations, providing users with quick access to almost any Web Tv / Web Radio station from around the world through our mobile application or website.CoolStreaming's goal is to make tuning to your favorite stations just quick, fun and enjoyable. Whatever your preferences are, CoolStreaming is always ready to provide you with music genres lists, station news, podcasts, shows list, and even more.
We provide you with the Service through the website CoolStreaming.us ("Website") and through mobile applications for IOS and Android. Access to the Website is free of charge. If applicable, you must register on the Website, communicate certain data and possibly create an access code or a password to use any other (if any) additional services such as saving your preferences ("Other Services").
Paid Services
If there are charges for access to a certain part of the Service, you will be informed about such charges before you opt-in.
Legal Requirement
CoolStreaming queries channel websites and offers a list of videos that are freely available on those sites, just like Edge, Internet Explorer, Firefox, Chrome, Safari, Opera or any other browser would. When the user runs the program on his computer and chooses to watch or download a video, the user connects through the program to the site of the selected channel and downloads the corresponding file on his computer, simply following the access link to the video offered by said site.
In this, there is no reproduction or making available to the public on Coolstreaming.us of works protected by copyright. The content that can thus be downloaded comes exclusively from the sites questioned. This is indeed the content that the television channels themselves make available to the public and which can be consulted directly by Internet users.
Content free available on the Internet
Judgment C-466/12 (Svensson) of February 13, 2014 of the Court of Justice of the European Union, confirms that does not constitute an act of communication to the public, as referred to in the provision of Article 3, paragraph 1 , of Directive 2001/29/EC of the European Parliament and of the Council, the provision of links to works freely available on another website if it is not a question of a new public, i.e. say a public 'not taken into account by the copyright owners when they authorized the initial communication to the public'; in other words, if the work is accessible without access restriction and the link does not make it possible to circumvent restriction measures put in place "by the site where the protected work is located" (in the event that the work initially published would no longer have been accessible, or if it had only been accessible to a restricted audience).
3. Use of the service
3.1. General Policy
CoolStreaming provides the Website and the Content on "as is" basis and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service.
You assume total responsibility and risk for your use of the Website and the Internet.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally.
CoolStreaming does not warrant that the Service will be uninterrupted or error-free or that defects in the service will be corrected expeditiously. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for accuracy of data input and output, and for maintaining means external to the Website for the reconstruction of any lost data (due to viruses attacks etc).
You understand further that the Internet by its very nature contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk.CoolStreaming has no control over and accepts no responsibility whatsoever for such materials.
3.2. User Content
Where it is contemplated by the functionality of the Website orCoolStreaming mobile applications, you may post your own content on the Website or within such applications ("User Content").
With respect to the User Content, you guarantee that
(1) you have the right to post such User Content, and
(2) such User Content, or its use by CoolStreaming as contemplated by the Agreement, does not violate the Agreement, applicable laws, and the rights of third parties, such as intellectual property rights, right to privacy and respect for private and family life, right to respect for honor, dignity and reputation, or other rights of such third parties, and
(3) such User Content does not imply any affiliation with or endorsement of you or your User Content with CoolStreaming or any artist, band, label, entity or individual without express written consent from such individual or entity.
In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to the cases when the User Content, inCoolStreaming's sole discretion, violates the Agreement. We may take these actions without prior notification to you or any third party. Removal or disabling of access to the User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You agree to grant toCoolStreaming a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit to any public areas of the Website or by e-mail or any other means to CoolStreaming (including materials and other information, as well as ideas contained therein for new or improved products and services). You also grant to CoolStreaming the right to use your name in connection with the submitted User Content as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against any alleged or actual infringement or misappropriation of any proprietary right in your communications to CoolStreaming.
3.3. Third Parties’ Services
The CoolStreaming Service is integrated with third party applications, websites, and Web Tv / Web Radio services to make available content, products, and/or services to you.CoolStreaming makes no representations whatsoever about any of those websites which you may access through the CoolStreaming Service. When you access a non-CoolStreaming website, please understand that it is independent fromCoolStreaming, and thatCoolStreaming has no control over the content on that website. These third parties’ websites and services may have their own terms and conditions of use and privacy policies, and your use of these third party’s websites will be governed by and subject to such terms and conditions and privacy policies. In addition, a link to any third party’s website or service available on the CoolStreaming Website does not mean that CoolStreaming endorses the use or accepts any responsibility for the content of such website/service.
4. Intellectual Property Rights
The entire Content of the Website is protected by intellectual property laws and international conventions. The owners of the intellectual property rights to the Content are CoolStreaming, its affiliates or other third parties.
It is prohibited to modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the Content of the Website, including texts, graphics, programming code and/or software.
Though we are the owner or the licensee of intellectual property rights in the Website, we do not own the intellectual property rights to the audio and video content made available for streaming on the Website and owned by third parties.
By its nature the CoolStreaming Service acts as an intermediary platform embedding the links to the audio and video content broadcasted and communicated to the public by third parties. Being merely an intermediary, in no case CoolStreaming broadcasts or communicates the content owned by third parties to the public.
While embedding any link in the CoolStreaming Service, we guarantee that:
- the link and content thereof were freely accessible on the Internet
- all the links and third parties’ content remain unaltered
- the content is played from the same source and in the same way as if it was played on the original platform.
We consider all the Users of CoolStreaming Service as potential recipients of the original communication, since the inclusion of the embedded link to the Service does not open up the content to any new public.CoolStreaming does not assume any responsibility for the legitimacy of the original communication.
In no case CoolStreaming intends to appropriate the third parties’ content. All the intellectual property rights to such content remain in the owners and licensors of the respective Web Tv / Web Radio stations and streaming platforms.
CoolStreaming highly respects and values intellectual property rights and strongly condemns any infringements thereof. If you believe that any CoolStreaming Content infringes your intellectual property rights or other rights, or you are the owner of any content embedded in or listed on the CoolStreaming Service and you want to alter or delete your content, please contact us at https://support.coolstreaming.us.
4.1. The use of the Content
You may stream the audio or video content available in the Service solely by means of the audio player embedded in or facilitated by the Service. You must not use any part of the Content for commercial purposes without obtaining a license to do so from us,the Web Tv / Web Radio station provider or the owner of the streaming platform. If you print off, copy or download any part of our Website or applications in breach of these Terms, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
We grant you a limited, non-exclusive, revocable license to use the CoolStreaming Service for personal, non-commercial, entertainment purposes. This license shall remain in effect until and unless terminated by you or CoolStreaming. You may use the Service and the Content only within the license granted hereunder.
You agree to be provided with advertising and other information to you, and to allow our business partners to do the same. In any part of the CoolStreaming Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to CoolStreaming may contain advertising as part of the Content. In such cases,CoolStreaming will make such Content available to you unmodified.
5. Limitation of liability
You agree that, to the extent permitted by applicable laws, your sole and exclusive remedy for any problems or dissatisfaction with the CoolStreaming service is to uninstall any CoolStreaming software and to stop using the CoolStreaming Service.
While we accept no responsibility for third party websites, services or the content thereof, and while your relationship with such third parties websites and services may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to CoolStreaming, for any problems or dissatisfaction with third parties websites, services or the content thereof, is to uninstall and/or stop using any such third parties websites or services.
In no event will CoolStreaming be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if CoolStreaming or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service(if applicable). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions our liability is limited to the greatest extent permitted by law.
6. Indemnification
You agree to indemnify, defend and hold harmless CoolStreaming, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service on your behalf or as a result of the said violation.
7. Termination
This Agreement may be terminated by either party without notice at any time for any reason. In particular, we may immediately terminate this Agreement in case you breach your obligations under sections "Intellectual Property Rights", Copyright, "Use of the ServiceWebsSite" hereof. The provisions of the sections "Intellectual Property Rights", "Use of the Service", "Indemnification", and "Governing Law" shall survive any termination of this Agreement.
8. Governing law and dispute resolution
Unless otherwise required by a mandatory law of a Member State of the European Union or any other jurisdiction, the Agreement and any non-contractual disputes and claims arising out of or in connection with the Services are subject to the laws without recourse to the conflict of laws principles.
Therefore,all the disputes arising out of or in connection to the Agreement, as well as any non-contractual disputes and claims arising out of or in connection with the Services, if not resolved amicably in the course of negotiations, shall be finally settled by the competent court.
9. Assignment
CoolStreaming may assign the Agreement or any part of it, andCoolStreaming may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of it, nor transfer or sublicense your rights under the Agreement to any third party.
10. Contact us
If you have any questions concerning the CoolStreaming Service or the Terms, please contact us at https://support.coolstreaming.us.
11. License
See the licenses currently in use on the following websites. All elements are distributed in open source with limitations indicated in each license.
Player Video: Clappr - http://clappr.io/
Player Radio: LambertGroup - https://codecanyon.net/user/lambertgroup/portfolio
Bootstrap CSS/JS: GetBootStrap: https://getbootstrap.com
Font: Google Fonts: https://fonts.google.com/