Terms and Conditions
1. Your relationship with Sputnik7
1.1 Your use of the Sputnik7 website (the "Website") and all Sputnik7 products, channels, software, data feed and services,that Sputnik7 provides you on, from or through the Website (collectively, the" Service ") will be subject to the terms of a legal agreement between you and Sputnik7. "Sputnik7" means Sputnik7 LLC.
) (collectively, the "Terms and Conditions").
1.3 The Terms and Conditions constitute a legally binding contract for you and for Sputnik7 in relation to your use of the Services, so it is important that you read them carefully.
1.4 The Terms and Conditions are applicable to all users of the Service, including those users who also provide Content on the Service. "Content" includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you may view in, or access through, or contribute to, the Service.
2. Acceptance of the Terms and Conditions
2.1 In order to use the Services, you must first accept the Terms and Conditions. You can not use the Services if you do not accept the Terms and Conditions.
2.2 You can accept the Terms and Conditions by simply using the Services. You acknowledge and agree that Sputnik7 will consider that your use of the Services constitutes acceptance of the Terms and Conditions from the start of such use.
2.3 You may not use the Services or accept the Terms and Conditions if (a) you are not legally capable of entering into a binding contract with Sputnik7, or (b) you are prohibited or legally excluded from receiving or using the Services, under of the legislation of your country of residence or from which you access or use the Services.
2.4 We recommend that you print or save a local copy of the Terms and Conditions in your files.
3. Changes to the Terms and Conditions
Sputnik7 reserves the right to make changes to the Terms and Conditions at any time, for example to address changes in the law or regulations or changes in the functionalities offered through the Service. For this reason, you should check the Terms and Conditions regularly to check these changes. If you do not agree with the Modified Terms and Conditions you must stop using the Service. Your continued use of the Service after the Modified Terms and Conditions have been published will constitute your acceptance of the Modified Terms and Conditions.
4. Sputnik7 accounts
4.1 In order to access certain functions of the Website or other elements of the Services, you will need to create a Sputnik7 account. When you create your account, you must provide certain correct and complete information. It is important that you keep your Sputnik7 account password secure and confidential.
4.2 You must notify Sputnik7 immediately of any breach of security rules or any unauthorized use of your Sputnik7 account of which you are aware.
4.3 You agree to be solely responsible (vis-à-vis Sputnik7 and other third parties) for all activity that takes place on your Sputnik7 account.
5. General restrictions on use
5.1 Sputnik7 authorizes you to access and use the Services, subject to the specific conditions set forth below, and you agree that your failure to comply with any of these conditions will constitute a breach of these Terms and Conditions on your part:
You agree not to distribute any part of the Website or the Services, including but not limited to, the Content, by any means without the prior written permission of Sputnik7, except in the case that Sputnik7 puts its provision of means for such distribution through functionality offered by the Service;
You agree not to alter or modify any part of the Website or the Services;
You agree not to access the Content using any technology or medium other than the video reproduction pages of the Website itself;
You agree not to circumvent, deactivate or manipulate in any other way (or try to circumvent, deactivate or manipulate) the security functions of the Services or other functions that (i) impede or restrict the use or copy of the Contents, or (ii) that limitations apply to the use of the Services or the content offered through the Services;
You agree not to use the Service for any of the following commercial purposes unless you have obtained prior written authorization from Sputnik7:
the resale of access to the Service;
the sale of advertising, sponsorship, or promotions placed on or within the Service, or Content;
the sale of advertising, sponsorship or promotions on any page of a blog that allows advertisements or a website that contains Content delivered through the Services unless another material not obtained from You Tube appears on the same page and is of sufficient value to serve as the basis for such sales prohibited commercial uses do not include (i) uploading an original video on Sputnik7, (ii) maintaining an original channel through the Website to promote a business or artistic activity, (iii) displaying Sputnik7 videos through the Player of Sputnik7 Video or in any other way on a blog or website that allows advertisements, subject to the restrictions set forth in 5.1 (E) (iii) above; and (iv) any use that is expressly authorized and in writing by Sputnik7;
You agree not to collect personal data from any user of the Website or the Services (including Sputnik7 account names);
You agree not to use the Website or the Services (including the comments and the e-mail functions of the Website) to offer services related to a commercial activity;
You undertake not to offer services, for commercial purposes, to the users of the Website with respect to your Content;
You agree not to access the Content for any purpose other than personal, non-commercial use only as intended and permitted by the normal operation of the Services, and only for Streaming. "Streaming" means a contemporary digital transmission of Sputnik7 material via the Internet to a device operated by a user and enabled for the Internet in such a way that what is intended is that the data be viewed in real time and not downloaded (both permanent as temporarily), copied, stored or redistributed by the user.
You shall not copy, reproduce, distribute, transmit, broadcast to the public, display, sell, license, or otherwise exploit any Content for any purpose without the prior written consent of Sputnik7 or the respective licensors of the Content.
5.2 You agree to comply with all other provisions of the Terms and Conditions and the Sputnik7 Community Guidelines at all times while using the Services.
5.3 Sputnik7 authorizes public search engine operators to use spiders to copy materials from the site for the sole purpose of creating search indexes of materials available to the general public, although such materials may not be available. stored in cache memory or other files. Sputnik7 reserves the right to revoke these exceptions generally or in specific cases.
5.4 Sputnik7 constantly innovates in order to offer its users the best possible experience. You acknowledge and agree that the form and nature of the Services provided by Sputnik7 may vary at any time without prior notice.
5.5 As part of this process of constant innovation, you acknowledge and agree that Sputnik7 may need to interrupt (permanently or temporarily) the provision of the Services (or any function thereof) to you or to users in general, such as consequence of operational requirements such as those related to the security of the Services, their security as a user, or to the maintenance needs of the Services. You may stop using the Services at any time and you will not be obliged to specifically inform Sputnik7.
5.6 You acknowledge that you are solely responsible (without Sputnik7 taking any responsibility to you or any third party for) of the breach of its obligations under the Terms and Conditions and the consequences (including any losses or damages that Sputnik7 may incur) ) derived from said non-compliance.
6. Copyright Policy.
6.1 Sputnik7 applies a clear copyright policy in relation to Content that allegedly infringes the copyrights of a third party.
6.2 As part of Sputnik7's copyright policy, Sputnik7 will cancel access to the Service from any user considered a repeat infringer. A repeat offender is a user who has been notified of the infringing activity on more than two occasions.
7.1 As a Sputnik7 account owner, you can send Content. You understand that regardless of whether such Content is published, Sputnik7 does not guarantee any confidentiality with respect to Content.
7.2 You will remain the owner of the rights relating to your Content, although you must grant limited license rights in favor of Sputnik7 and other users of the Services. These rights are described in section 8 of these Terms and Conditions (Rights that you grant under license).
7.3 You acknowledge and agree to be solely responsible for your Content and the consequences of its publication. Sputnik7 does not endorse any Content or any opinion, recommendation or advice expressed in relation to it, expressly excluding any responsibility for the Content.
7.4 You represent and warrant that you own (and will continue to be while using the Services) all licenses and all rights, consents and permissions that are necessary to allow Sputnik7 to use your Content for the purpose of providing the Service and for any other purpose in accordance with the form contemplated in the Service and in these Terms and Conditions.
7.5 You declare that your conduct on the Website (and the content of all of your Content) will comply with the Sputnik7 terms and conditions.
7.6 You agree not to publish or upload any Content that contains material whose possession is illegal for you in your country of residence, or whose use or possession is illegal for Sputnik7 in relation to the provision of the Services.
7.7 You agree that the Content you provide to the Service will not contain material subject to intellectual property rights of third parties or material subject to other industrial property rights of third parties (including rights of exclusivity or publicity), unless the owner You have granted a license or formal authorization, or are legally authorized in any other way, to publish the material in question and to grant Sputnik7 the license indicated in section 8.1 below.
7.8 Upon becoming aware of any breach of these Terms and Conditions, Sputnik7 reserves the right (although not required) to decide whether the Content meets the content requirements stipulated in these Terms and Conditions, and may remove such Content. and / or cancel the access of any User to upload Content that violates these Terms and Conditions at any time, without prior notice and at their sole discretion.
7.9 Likewise, you acknowledge and understand that by using the Services, you may be exposed to Content that is objectively inaccurate, offensive, indecent or questionable for you. By virtue of this document, you renounce to exercise any right or legal action or equity that may correspond against Sputnik7 with respect to any Content.
7.10 Sputnik7 will treat any audio or audiovisual content that you upload to the Service in accordance with the Sputnik7 Terms for the processing of data, except in cases where you have uploaded such content for personal purposes. or for domestic activities.
8. Rights that you grant under license.
8.1 When uploading or posting Content on Sputnik7, you will be granting:
in favor of Sputnik7, a worldwide, non-exclusive, royalty-free and transferable license (with sub-license right) to use, reproduce, distribute, perform derivative works of, display and execute that Content in connection with the provision of the Services and with the operation of the Service and the Sputnik7 activity, including without limitation, for purposes of promotion and redistribution of all or part of the Service (and its derivative works) in any format and through any communication channel ; in favor of each user of the Service, a worldwide, non-exclusive and royalty-free license to access your Content through the Service, and to use, reproduce, distribute, make derivative works of, display and execute said Content to the extent of permitted by the functionality of the Service and in accordance with these Terms and Conditions.
8.2 The previous licenses granted by you with respect to the User Videos will be canceled when you delete or delete your User Videos from the Website. The previous licenses granted by you with respect to the User Comments are of a perpetual and irrevocable nature, without prejudice to your ownership rights, whose ownership will correspond to you at all times in accordance with the provisions of section 7.2 above.
9. Sputnik7 Content on the Website.
9.1 With the exception of the Content provided to the Service by you, all other Content of the Service will be owned by Sputnik7, or will correspond to you by virtue of a license, and will be subject to copyright, trademark rights and other intellectual property rights. and industrial Sputnik7 or Sputnik7 licensors. All trademarks and service marks of other third parties present in the Content not uploaded or published by you will be trademarks and service marks of their respective owners.
9.2 Such Content may not be downloaded, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed or used for any other purpose without the prior written consent of Sputnik7, or Sputnik7 licensors, in case of that was applicable. Sputnik7 and its licensors reserve all rights that have not been expressly granted with respect to their Content.
10. Links on Sputnik7
10.1 The Services may include hyperlinks to other websites that will not be owned or controlled by Sputnik7. Sputnik7 does not control the contents, privacy policies or practices of the websites of other third parties or assume any responsibility for them.
10.2 You acknowledge and agree that Sputnik7 will not be responsible for the availability of websites or external resources, and does not endorse any advertising, products or other materials offered through such websites or resources.
10.3 You acknowledge and agree that Sputnik7 will not be liable for losses or damages that you may incur as a result of the availability of the aforementioned websites or external resources, or as a result of the credibility that you grant to the completeness, accuracy or existence of any type of advertising, products or other materials offered through said websites or resources.
11. End of your relationship with Sputnik7
11.1 The Terms and Conditions will continue to be applicable until their resolution at the request of you or Sputnik7 in accordance with the following provisions.
11.2 If you wish to terminate your legal agreement with Sputnik7, you may do so by (a) notifying Sputnik7 at any time and (b) closing your Sputnik7 account. Your notification must be sent, in writing, to the Sputnik7 address indicated at the beginning of these Terms and Conditions.
11.3 Sputnik7 may terminate its legal contract with you at any time if:
You breach any of the provisions included in the Terms and Conditions (or act in a way that clearly indicates that you intend to do so or that you will not be able to comply with the stipulations of the Terms and Conditions); orSputnik7 is bound by Law (for example, when the provision of the Services to you is, or becomes, illegal); or
11.4 Sputnik7 may terminate your legal contract with you if:
Sputnik7 stops providing the Services to users in your country of residence or from where you use the Services; or the provision of the Services to you by Sputnik7, ceases to be, in the opinion of this, commercially viable. and in the case of each of the scenarios (A) and (B) of clause 11.4, he must reasonably notify him of said resolution.
11.5 To the resolution of these Terms and Conditions, all the rights and legal obligations that correspond to both you and Sputnik7 (or that have accrued during the term of the Terms and Conditions), or whose validity must continue expressly in a manner indefinitely, they will not be affected by said resolution, and the provisions included in section 14.5 will continue to apply to said rights and obligations indefinitely.
12. Exclusion of Guarantees
12.1 Nothing stipulated in the Terms and Conditions will affect the legal rights that will assist you at all times as a consumer and with respect to which no modification or resignation can contractually agree.
12.2 The Service is provided "as is" and Sputnik7 does not grant any warranties or make any representations to you regarding them.
12.3 In particular, Sputnik7 does not represent or warrant that:
Your use of the Services will meet your requirements,
Your use of the Services will be uninterrupted, timely, secure or error-free,
the information you obtain as a result of your use of the Services will be correct or reliable, and
the defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
12.4 No condition or warranty (including any implied warranties of satisfactory quality and suitability for a particular purpose or description) will apply to the Services except to the extent expressly stipulated in the Terms and Conditions.
13. Limitation of Liability
13.1 Nothing in these Terms and Conditions shall exclude or limit Sputnik7's liability for losses that can not be legally excluded or limited by applicable law.
13.2 Subject to the general provision included in section 13.1 above, Sputnik7 will not be liable to you for:
indirect or derivative losses that you may incur, including any loss of profits (regardless of whether they have originated directly or indirectly), loss of business background or business prestige, or loss of data suffered by you;
Losses or damages that you may incur as a result of:
the credibility that you grant to the completeness, accuracy or existence of any advertising material, or as a result of any relationship or operation between you and any publicist or sponsor whose advertising appears in the Services; any change Sputnik7 makes in relation to the Services, or any permanent or temporary cessation of the provision of the Services (or any of its functions);
the removal, corruption or failure to store any Content or other communication data maintained or transmittedthrough your use of the Services; your failure to provide Sputnik7 with accurate account information;
your lack of maintenance of the security and confidentiality of your password or Sputnik7 account information.
13.3 The limitations on the liability of Sputnik7 against you included in section 13.2 above will apply regardless of whether Sputnik7 has been warned or should have been warned of the possibility of such losses.
14. General provisions
14.1 The Terms and Conditions constitute the entire legal agreement between you and Sputnik7, govern your use of the Services and supersede all prior agreements between you and Sputnik7 in relation to the Services. Any other terms and conditions of service that Sputnik7 and any of its affiliates may have at any time are expressly excluded from the Terms and Conditions.
14.2 You agree that Sputnik7 may send you notifications, including those relating to changes to the Terms and Conditions, by e-mail, regular mail or posting such changes on the Service.
14.3 All notifications that refer to your right of access, modification, rectification and cancellation of your personal data must be sent by certified mail to [email protected]
14.4 You agree that in the event that Sputnik7 does not exercise any right or legal action contemplated in the Terms and Conditions (or that is applicable by applicable law), it will not constitute a formal waiver of Sputnik7's rights, remaining said rights and legal actions fully in force for Sputnik7.
14.5 If a court with competent jurisdiction over this matter determines that any of the provisions of these Terms and Conditions is invalid, said provision will be removed from the Terms and Conditions without affecting the rest of them remaining the other provisions fully in force in all its aspects.
14.6 You acknowledge and agree that all members of the group of companies that Sputnik7 is part of will be third-party beneficiaries of the Terms and Conditions and that such companies will be entitled to demand, directly, compliance with any provision of the Terms and Conditions where they are contemplate a benefit for them (or some right in their favor). Apart from the mentioned companies, no other person or company will be a third beneficiary of the Terms and Conditions.
14.7 The Terms and Conditions and their relationship with Sputnik7 in accordance with the provisions herein, shall be governed by the laws of Spain.
Date: October 8 2018