Terms of Service
§1 Introduction
Welcome to UP4STREAM! Our services are provided by UP4STREAM SOLUTIONS LTD ("Company", "we", "us", or "our"). These Terms and Conditions ("Terms") constitute a legal agreement between you and UP4STREAM SOLUTIONS LTD. By registering, accessing, or using our websites ("Websites"), mobile applications ("Apps"), or any other services (collectively, the "Services") at UP4STREAM.COM, you agree to be bound by these Terms.
If you disagree with any part of these Terms, please do not use our Services. Your use of the Services must comply with these Terms and all applicable laws. Some features may require software installation on your device (e.g., computer, phone, or tablet), and we may update this software automatically, with these Terms applying to all updates.
§2 Age Restrictions
The Services are not intended for individuals under 18 years of age. If you are over 18 but under the legal age of majority or lack the capacity to enter contracts in your jurisdiction, you must have permission from a parent or legal guardian to use UP4STREAM.COM. Your parent or guardian must also accept these Terms on your behalf.
§3 Changes to Services
We reserve the right to modify, suspend, or terminate the Services—or any portion thereof, including our "Partner Program" or "Affiliate Program"—at any time without prior notice. You agree that UP4STREAM SOLUTIONS LTD is not liable to you or any third party for any such modifications, suspensions, or discontinuations.
§4 Third-Party Content
While using UP4STREAM.COM, you may encounter content from various sources. We are not responsible for the accuracy, safety, usefulness, or intellectual property rights of such content. Some material may be inaccurate, offensive, or objectionable, and we do not control or edit third-party content.
§5 Content Ownership and Responsibility
Users retain ownership of the content they upload to UP4STREAM.COM. By uploading content, you grant UP4STREAM SOLUTIONS LTD a non-exclusive, worldwide, royalty-free license to store, display, and distribute your content solely for the purpose of operating the Services.
You are solely responsible for ensuring that your content complies with these Terms and all applicable laws. UP4STREAM SOLUTIONS LTD does not endorse or verify user-uploaded content and may remove any material deemed inappropriate, illegal, or in violation of these Terms at our sole discretion.
§6 Prohibited Content and Activities
You agree not to upload, share, or distribute content on UP4STREAM.COM that:
- Is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable;
- Infringes on any intellectual property rights, including copyrights, trademarks, or patents;
- Contains viruses, malware, or any code designed to harm or disrupt systems;
- Promotes hate speech, violence, or discrimination based on race, religion, gender, or other protected categories;
- Violates any applicable local, national, or international laws.
- Use automated tools (e.g., bots, scripts) to access, scrape, or manipulate the Services;
- Attempt to gain unauthorized access to our systems or user accounts;
- Interfere with the proper functioning of UP4STREAM.COM;
- Engage in any activity that artificially inflates views, clicks, or earnings.
§7 Partner and Affiliate Programs
UP4STREAM SOLUTIONS LTD may periodically offer:
- (1) An "Affiliate Program," where enrolled users earn payments based on views of their uploaded videos on UP4STREAM.COM;
- (2) A "Partner Program," where enrolled users earn payments based on views of UP4STREAM.COM videos embedded on their own websites.
§8 Intellectual Property
All content, trademarks, logos, and software on UP4STREAM.COM, excluding user-uploaded content, are the property of UP4STREAM SOLUTIONS LTD or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from our materials without prior written consent.
§9 Termination
We may suspend or terminate your access to UP4STREAM.COM at any time, with or without cause or notice, including for violations of these Terms. Upon termination, your right to use the Services ends immediately, but these Terms’ provisions on liability, intellectual property, and disclaimers will survive.
§10 Limitation of Liability
The total liability of UP4STREAM SOLUTIONS LTD, its affiliates, agents, officers, directors, and employees for any claims arising from these Terms or your use of the Services—whether in contract, tort, or otherwise—will not exceed the greater of:
- (A) the amount we owe you under the payment terms of the Affiliate or Partner Programs; or
- (B) $100.
§11 Disclaimers
UP4STREAM.COM is provided "as is" and "as available." We expressly disclaim all warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, as well as any implied warranties from usage or trade. To the fullest extent permitted, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for losses of profits, data, or goodwill arising from:
- (A) your use or inability to use the Services;
- (B) third-party content or conduct on the Services;
- (C) unauthorized access or alteration of your content.
§12 Governing Law
These Terms are governed by the laws of Kingdom of the Netherlands, without regard to conflict of law principles. Any disputes arising from these Terms or the Services will be resolved in the courts of Kingdom of the Netherlands.
§13 Changes to Terms
We may update these Terms at any time by posting the revised version on UP4STREAM.COM. Continued use of the Services after such changes constitutes your acceptance of the updated Terms.
§14 Contact Information
For questions or support, contact us at [email protected]. For abuse or infringement reports, please email [email protected].
Copyright Policy
§1 Copyright Policy
UP4STREAM SOLUTIONS LTD, the operator of UP4STREAM.COM, respects the intellectual property rights of others and expects its users to do the same. This Copyright Policy outlines the procedures for addressing copyright infringement claims related to content hosted on our Services.
§2 Submitting a Copyright Infringement Notice
If you believe that your copyrighted work has been used on UP4STREAM.COM in a way that constitutes infringement, please provide our designated Copyright Agent with a written notice containing the following details:
- Identification of the copyrighted work(s) you claim have been infringed (e.g., a link to or copy of your original work, or a detailed description of the material);
- Identification of the allegedly infringing material on our servers, including sufficient information (e.g., the URL on UP4STREAM.COM) to allow us to locate and remove it;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, their agent, or the law (e.g., it does not qualify as fair use under Section 107 of the U.S. Copyright Act);
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf;
- Your physical or electronic signature (typing your full name is acceptable);
- Your contact information, including email, address, and phone number, so we may reach you.
§3 Invalid or Fraudulent Notices
Notices that fail to include all the required information listed above may be deemed invalid under the Digital Millennium Copyright Act (DMCA). Additionally, under Section 512(f) of the DMCA, you may be held liable for damages, including costs and attorneys’ fees incurred by UP4STREAM SOLUTIONS LTD or our users, if you knowingly and materially misrepresent that content or activity is infringing.
§4 Repeat Infringers
It is our policy to terminate the accounts of users whom we determine, at our sole discretion, to be repeat infringers of copyrights. We reserve the right to take such action to ensure compliance with applicable laws and these Terms.
§5 Counter-Notice Procedure
If you receive a DMCA notice regarding content you uploaded to UP4STREAM.COM and believe it was removed in error, you may submit a counter-notice. If we remove anonymously posted content due to a DMCA notice, we will not have a means to notify you, so please contact us if you suspect this has occurred. To file a counter-notice, provide the following information to our Copyright Agent at [email protected]:
- A physical or electronic signature (typing your full name is sufficient);
- Identification of the material that was removed or disabled, including its location on UP4STREAM.COM before removal (the description from the DMCA notice is adequate);
- A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled due to a mistake or misidentification;
- Your name, address, and phone number, along with a statement that you consent to the jurisdiction of the federal district court in your address’s judicial district (or, if outside the U.S., any district where UP4STREAM SOLUTIONS LTD may be found) and that you will accept service of process from the party who submitted the original copyright notice or their agent.
§6 Content Removal Rights
UP4STREAM SOLUTIONS LTD reserves the right to remove any content from UP4STREAM.COM at any time, regardless of whether it infringes copyrights or violates our policies, at our sole discretion.
§7 Contact Information
For copyright-related inquiries or to submit notices, please contact our Copyright Agent at [email protected]. For general questions, reach us at [email protected].