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License agreement for using ACE Stream software (computer programs) and services

The following License agreement («Agreement») is a public offer that contains terms for granting and using ACE Stream Platform, and defines rights and obligations of the Parties.

This Agreement is a legal agreement between you («User», or collectively referred to as «Users») and LTD «Innovative Digital Technologies» («Owner»), collectively referred to as «Parties».

Terms of this Agreement are equal for all Users, regardless of status (individual, corporate entity, individual- entrepreneur).

PLEASE, READ CAREFULLY TERMS OF AGREEMENT

Terms:

«Website» is an information resource on the Internet at a unique address (URL): http://www.acestream.org, in a form of a collection of web pages, through which Services are provided or will be provided, according to requirements of this Agreement.

«Page» is a page (HTML-document) of the web resource.

«Internet resource» is a collection of integrated software, hardware and information posted and available on the Internet. Internet resource is available for Internet users through all sorts of data transfer protocols, including the domain name and URL (Uniform Resource Locator) – a unique electronic address, allowing you to access the information, software and hardware complex.

«Personal pages» are certain pages of the Website, including pages of the website avod.me, available to User after registration, where User can manage their account and rights, as well as post/publish their content.

«User’s personal data» — data specified and voluntarily provided by User directly to the Owner. Provided data is stored in Owner’s database and can be used solely under the terms of this Agreement.

«Impersonal data» – personal information, which does not allow to identify User (this is the information about users, recorded and grouped in such way that it does not point to certain people).

«Anonymous identifier» is any sequence of characters, which allows to identify User and their Program based on Impersonal data (it is used for the same purposes as cookie, but is not limited with a web browser).

«User» is any individual, corporate entity, individual- entrepreneur who accepted (signed) this Agreement and/or downloaded, installed, used ACE Stream Software products and Services, and/or has passed registration on the site acestream.org.

«Partner» (a member of ACE Stream Affiliate Program) is any person or entity that has passed registration in ACE Stream Affiliate Program, on the site acestream.org, and has a legal authority to conduct activities under a separate Affiliate Agreement.

«ACE Stream Affiliate Program» is a form of business cooperation between the Parties, based on conditions and rules of Affiliate Agreement.

«Registration» is a procedure on the Website, also available through Programs, according to which User is able to use some of Services and extended functions of Programs.

«Account» is a Login (Email) and a Password, specified by User in the registration data and used by them in Programs and services for their authentication, as well as 32-digitalphanumeric code that is automatically assigned to the Partner after their registration in Affiliate Program.

«Service(s)» – all services provided via ACE Stream Web services, located at the following addresses on the Internet (on domains): acestream.org, acestream.net, acestream.tv, torrentstream.net, torrentstream.org, torrentstream.info, avod.me.

«Device» is a personal computer or another device that belongs to User.

«ACE Stream software products («Programs»)» – the following programs: ACE Stream HD, Torrent Stream, ACE Stream P2P Multimedia Plug-in.

«ACE Stream Media» – «Torrent Stream Full» – Installation package (Installer) – a file for installing the software on User’s computer, containing different Programs, including programs (applications) distributed under other licenses and agreements and/or programs (applications) of other producers.

«ACE Stream Platform» – ACE Stream Services and Software products (Programs).

«Broadcasts» – AVoD (Audio and Video on Demand) and Live Stream (live broadcast).

«Noncommercial broadcasts» are public/opened Broadcasts organized by Users without a purpose to get financial benefit from distribution/publishing of audiovisual information.

«Premium broadcasts» are Noncommercial broadcasts available only through Programs that have appropriate Premium status (Programs with functions allowing you to watch Premium broadcasts).

«Commercial broadcasts» are Broadcasts organized by Users to get income from distribution and publishing audiovisual information. Commercial broadcasts can be performed only by Users who have special license from the Owner or a separate agreement for the organization of commercial broadcasts.

«Transport files» are metadata files with the following extensions: .acelive, .acestream (created by ACE Stream software) and .torrent, .tstream (created by any program according to BitTorrent protocol specification).

«Content» is texts, graphics, illustrations, video, scripts, programs, music, sounds and other informational materials.

«Main content» is a data requested and received by User from other Users and third parties, through Programs, via Transport files.

«Cache» – «Cache folder» – selected directory that is used to store data on User's device temporarily and has technical purposes and function of auto cleaning (it is not intended for permanent data storage).

«Commercial use»:

    Using ACE Stream Software products and Services to organize Broadcasts which contain ads (advertisements) or are published under the terms of paid access.
    Any functional application of ACE Stream Software products and Services and their use in order to get income and commercial benefit.

«Shareware» – User must view Advertising materials published in or via ACE Stream Programs and Services as a payment for using ACE Stream Software products.

«Advertising materials (Ad)» is an advertising information in any form (video files, audio files, images, graphics, text and any other).

«Ad block» is a collection of Advertising materials.

«Cheat» is a repeatedly pressing and running commercials by a person without a video viewing purpose, increasing the number of views and/or transitions to advertisers' websites.

«BitTorrent protocol» is a technology of distributed spreading of files usually with large amounts of data. It differs with a high speed and full or partial decentralization. BitTorrent protocol uses DHT and therefore can also work without a central server (so-called tracker).

Additional information:

The official BitTorrent website: http://www.bittorrent.com/

Brian's BitTorrent FAQ and Guide: http://dessent.net/btfaq/

The Wikipedia BitTorrent page: http://en.wikipedia.org/wiki/BitTorrent



ACE Stream Media (Installation package)

ACE Stream Media may include the following software products (applications):

    ACE Stream software products are provided/distributed according to this Agreement under the terms:
        Shareware – it means that User must view Advertising materials published in and via ACE Stream Programs and Services as a conditional payment for using ACE Stream Software products in order to watch Noncommercial broadcasts.
        Paid – through activation of paid functions on the Website via User’s Administrative panel.
    ACE Player HD is provided/distributed for free under terms of LGPLv2 license.
    AS (TS) Magic Player is provided/distributed shareware under conditions of accepting an additional License Agreement for Magic Player. Please, carefully read the License Agreement before the installation. Read here: http://magicplayer.acestream.org/license.
    Installer may also include other programs (applications), license terms for which will be attached.

    
    
ACE Stream Platform

Programs are in open access and most of functions of ACE Stream Platform are opened and free and do not require Account on the Website.

Please, pay attention that some features of this platform (for example, such as disabling ads or access to Premium broadcasts) are provided to User for a fee (full list of these features you can find on our Website). If User activates or adds such features or uses a service which has an additional price, User has to make a payment for such use, the amount of which is established by the Owner.

The Owner reserves the right to change the price and terms of providing paid services, unilaterally.

To use certain additional features of ACE Stream platform you may need to create the account, get or create a password and get authorization on the website acestream.org, as well as specify you Account in Programs.

Attention! In any case do not specify your Account in third-party programs and services (all Programs have a digital signature of the Owner, which you should always check before specifying your Account).




Technologies used in ACE Stream HD and Torrent Stream Programs

ACE Stream HD and Torrent Stream Programs use BitTorrent protocol in their work.

These Programs are both client part and server and serve as nodes of decentralized P2P CDN to provide fast data transmission in the information exchange between users.

Using ACE Stream HD and Torrent Stream Programs you provide/contribute part of your disc space and part of your Internet channel to the common pool of Users and eventually resources serve to all. As a result you help other people and other people help you and all get data/information at the maximum speed.

These Programs speed up files loading due to possibility to capture and simultaneously load different pieces of the file from other Users or from users of software products that use BitTorrent protocol and are compatible (supported by) Transport files. In turn, other Users can also load pieces of files from you, all of which maximizes the download speed for all users. Only those files that you load or use to create Broadcast via Programs will be available to others. By this Agreement you agree that other Users can use your network connection to download pieces of such files from you.

ACE Stream HD and Torrent Stream Programs load only those data that were identified for loading directly by User by running the Program, via Transport files belonging to User, and/or by specifying hash sums and/or their identifiers (Content ID), through the corresponding input parameters. The exception is entertaining videos and commercials that download Programs to Cache folder specifically designed for this.

Data (files) received by User, including during streaming playback of Audio and Video content, through these Programs, are cached on User’s personal computer and stored in encrypted form in Cache folder, directory for which is assigned by User. Cached files are intended only for technical use in order to speed up data loading between Users within work of BitTorrent protocol and are not available for playback by User. Cache folder is not intended for permanent file storage, and downloaded to it files are deleted by Programs automatically.

ACE Stream HD and Torrent Stream Programs have an auto-update function and do not require any additional actions from User.

From time to time Programs can interact with software and hardware of the Owner to check for Program updates (Updates: Programs’ modifications, additional modules, etc.), to verify rights to access some additional features of Program and also for the transmission of technical data and statistics.



Terms of use ACE Stream Programs and Services

By accepting this Agreement and/or downloading and installing ACE Stream software products, and/or using ACE Stream services («Services»), User confirms that he is an adult and capable, has all necessary legal rights and authority to enter into this Agreement, agrees and accepts all terms and definitions, requirements and terms, rights and obligations according to this Agreement, including any additions and changes in this Agreement in the future (collectively referred to as «Terms»). The current (actual) version of this Agreement is available on the web page acestream.org/about/license. If User does not agree with the Terms of this Agreement at any time, he must stop using ACE Stream software products and services immediately.

By installing Programs User agrees to interact with software and hardware of the Owner (agrees to possibility of requests, transmitting and receiving data and to receive and install updates automatically).

User understands that Programs, Services and Platform of ACE Stream in common do not contain any audio and video content and electronic versions of works published by Users and are intended only for speeding up data exchange between Users and for visualization of Users’ audio and video files.

For User’s convenience ACE Stream Platform can provide possibility of cataloguing Users’ Transport files in the form of possibility to place hash sums of such files and their description. Catalogue is intended only for User’s personal purposes and User himself forms/fills it. The Owner does not check and cannot affect the information from User’s catalogue.

User admits and agrees that all information (except materials created directly by the Owner) published and posted via ACE Stream Platform is published and posted by third parties (other Users and/or services, and/or Owner’s Partners, etc.). The Owner does not have to view information of any type before it will be available to User.

Any information (including Main content) obtained by User via ACE Stream Platform (except materials created directly by the Owner) is not verified by the Owner and can be wrong, incomplete and inaccurate. User uses it exclusively at his own risk.

User agrees that he independently assesses all risks connected with receiving and distributing information, when using Programs and Services, including the legitimacy of received and distributed information.

User agrees that he will not claim the Owner for quality and contents of Content received via Program, as well as for its compliance or discrepancy to User’s expectations and also for harm (moral or material) which may be incurred for User from such Content.

User understands and agrees that in case of Shareware using of Programs, Ad block may be shown to them before receiving (starting/downloading) and visualization (playback) of the Main content, as well as during receiving and visualization of the Main content and after. Playback of this Ad block is a conditional payment for using ACE Stream Platform and is not a payment for the Main content. Displays of such Ad block are not bound to the Main content. User understands that playback and view of this Ad block is a fee only for using Programs and has nothing to do with receiving, availability and visualization of Main content and that viewing of Ad block does not influent on whether User receives and/or visualizes Main content via Programs or not.



License (Limitations of use)

ACE Stream Platform, all its parts and separate components (including, but not limited to: programs for computer, databases, codes, their underlying know-how, algorithms, design elements, fonts, logos, as well as texts, graphics and other materials) are objects of intellectual property, protected in accordance with national and international legislation. Any use of them is allowed only under the terms of this Agreement and/or on the basis of a separate agreement with the Owner.

Rights and ways to use ACE Stream Platform, which are not provided / not allowed to User in an explicit form under this Agreement, considered as not provided / forbidden by the Owner.

It is forbidden to change corporate name of ACE Stream Products, change and/or delete copyright designation.

User is not allowed to use any software tools, components, functions, scripts, modules, etc., which can change algorithm of work of Programs and Services.

It is forbidden to take any actions which can limit User’s access to functions of viewing advertising materials published in ACE Stream Platform.

It is forbidden to decrypt, emulate, change, decompile and disassemble source code of Programs and Services and perform any actions connected with violation of security system of Programs and Services and/or their functions in order to illegally use and/or obtain information about the implementation of algorithms, used in them.

It is forbidden to open and use technologies and source codes of Programs and Services in order to create other software products and services or to create new versions of Programs and Services.

It is forbidden to use data bases included in ACE Stream Platform.

User does not have the right to create and provide services and software products, similar to ACE Stream Services and Software products, using Services and Programs or their modified versions. It is forbidden to use any components and parts of Services and Programs within other sites, software products, search systems and other objects of related rights without agreement and permission from the Owner.

Illegal use of object of intellectual property, specified in this Agreement, leads to civil, administrative and criminal responsibility.

User compensates any proven damages including loss of profits that occurred to the Owner because of violation of the terms of this License.

User agrees that financial responsibility in terms of compensation for losses and/or lost profits that occurred to the Owner because of violation of the terms of this Agreement is not limited by the period of using Services and/or Programs. User guarantees that whether he is a member of Affiliate Program or not any more, does he use Services and Service products or not, if the terms of this Agreement were violated, he agrees to compensate caused losses and lost profits of the Owner.

All responsibility for failure to comply with the terms of this Agreement is also applied to an owner of website and/or Internet resource where Services and Programs were used and violation of the terms of its usage was found.



User’s rights and obligations

Considering compliance with the terms of this Agreement the Owner provides you with non-exclusive rights to use ACE Stream Platform solely for personal, noncommercial purposes which cannot be given to others.

Commercial use of Programs and Services can be allowed by the Owner only under a separate agreement with User.

User has the right to install Programs on unlimited number of Devices and also store or install copies of Programs on data storage devices.

User has the right to reproduce (copy) and distribute Programs for noncommercial purposes at no charge, if combination, structure and content of Programs remain unchanged (while respecting integrity of Programs).

Using Programs and Services User has the right to create, publish and receive Transport files that contain information about Content and do not violate copyrights and/or related rights and/or other rights of third parties according to the laws of the State under whose jurisdiction they reside.

User has the right to download Content and play Broadcasts using Programs, only if they have appropriate rights to take such actions, purchased or transferred to them, according to the laws of the State under whose jurisdiction they reside.

User has no right to publish, distribute and give Content via ACE Stream Platform, if they do not have appropriate rights to take such actions, purchased or transferred to them, according to the laws of the State under whose jurisdiction they reside.

User agrees to not use Programs and Services to publish and distribute Content that contains:

    Information and materials forbidden for publication and distribution according to the laws of the State under whose jurisdiction they reside.
    Advocacy of violence, racism or other forms of discrimination (regardless of the legislative norms of the State).
    Child pornography (regardless of the legislative norms of the State).
    Information offending the religious feelings of believers of any religion (regardless of the legislative norms of the State).

User agrees that they must view Advertising materials published in ACE Stream Programs and Services, when using ACE Stream Platform.

User is forbidden to use any method to block displays of Advertising materials, published in or via ACE Stream Programs and Services.

It is forbidden to use automated scripts (programs) to gather information and/or interact with the Website and its Services without additional Agreement with the Owner.



Rights and obligations of the Owner

The Owner provides Users with Services and Programs as they are and without warranty of any kind.

The Owner has the right to change list of Services, provided Programs and terms of their use, unilaterally.

The Owner has the right to store, use (process, etc.) User’s personal data and manage information received from User to organize work, related to the provision of services to User within the work of Services and Programs and their improving, as well as to provide addressed display of promotional materials and execution of other tasks that meet terms of this Agreement.

The Owner can provide summarized Impersonal data to other Users and our partners, such as publishers, advertisers, systems of statistics and analytics or owners of websites and Internet services that use ACE Stream technology. (As an example, they can be applied to illustrate trends in usage of our services or to identify users on websites through Anonymous identifier).

User provides the Owner with a non-exclusive right (license) for using (playing, distribution, processing, public display and making publicly available) materials published/distributed by User through Services and Programs, unless otherwise is provided by a separate, additional agreement between the Owner and User. Author of such materials reserves all property and personal, non-property copyrights.

The Owner has the right to send messages to User’s email specified at the registration or in User’s account.

The Owner has the right to cancel Registration and refuse User’s access to Services and different functions of Program, if he considers that User’s actions do not meet rules and terms of Agreement or if he receives official information (court decision) about illegal activities of User when using Services and Programs, according to the laws of the State under whose jurisdiction they reside. The Owner reserves rights to not give an explanation to User about the reason for cancellation of registration and refusal of access to Services and\or different functions of Programs.

The Owner has the right to place in Program and/or Services, on websites any informational and/or promotional materials both, their own and business partners, including links to sites of third parties.

The Owner has the right to make changes (additions) to License agreement on use of ACE Stream software products (programs for a computer) and services, unilaterally.



Responsibility and disclaimer of warranties (responsibility)

The Owner provides ACE Stream Platform to Users based on a principle «as it is», without any warranties, including third parties, and does not held material responsibility, related to using provided Services, Programs and other services.

Registration on the Website acestream.org, as well as work and provision of Services, are carried out automatically. Most of Services on Owner’s websites are opened for public access and are not pre-moderated websites; therefore the Owner is not responsible for any Content published by Users on their Personal pages. All responsibility for their filling and content is only on User, who manages such pages.

The Owner does not control Content that is used and received by Users via Programs and respectively does not give any warranties for its quality and is not responsible for its content. All responsibility for the quality and content is solely on User, who distributes and publishes this Content using ACE Stream Platform.

The Owner does not control and is not able to control work of Programs and Content transferred through them.

The Owner is not responsible for temporary disruptions and interruptions in the work of Program and caused by them loss of information.

The Owner is not responsible for content of data/information received and played by User via ACE Stream Platform.

You admit ant agree that the Owner is not responsible for third parties (owners of third-party services, programs, etc.) that use ACE Stream Platform and provide Content to User, as well as variety of services and products. Any links on Owner’s websites to third-party services, products, content, etc., can be published solely for User’s convenience and do not imply any approval from the Owner of such services, products, content and everything that is provided by third parties. You acknowledge full personal responsibility for any kind of risks, related to using such services, products, content, etc. All claims related to work, content, functions of such services and products can be directed only to their developers/owners.

All Advertising materials published in Programs and Services are provided by third parties (the only exception is Advertising Programs and Services of the Owner). The Owner is not responsible for accuracy of such Advertising (informational) materials, as well as for availability and content of third-party websites and for any consequences, related to the use of such information.

The Owner is not responsible for violation of copyrights and related rights of third parties by User.

The Owner is not responsible for non-performance or improper performance of its obligations due to failures in the telecommunications and energy networks, the actions of malicious programs, default orders of payment systems and/or banks, as well as unfair actions of third parties to obtain unauthorized access and/or disable ACE Stream Platform.

The Owner does not cover losses which were obtained as a result of lax security of User’s Login and Password and led to the entrance by third parties into the system on User's behalf.

User is fully responsible for the security and privacy of their account (Login and Password) and for limiting access to their Device. User takes all responsibility for all actions committed under their Account (Login and Password). User agrees that information which they provided at the Registration and in all other cases will be true, accurate, actual and complete. User also guarantees that this information will be always accurate and updated. If User has reasons to assume that their account is not save (for example, in cases of loss, theft or unauthorized use of their account or number of credit, debit or payment card, etc.), User is obliged to inform about this the Owner immediately. User also takes full financial responsibility for losses incurred by the Owner or third parties due to an unauthorized use of their Account.

User takes responsibility to limit use of ACE Stream Platform by minor or incapable members of their family (children) and other underage or incapable people who got access to User’s Device with installed Programs. If User allows underage or incapable people to use ACE Stream Platform, User takes all responsibility for taking actions, getting information and other use of ACE Stream Platform by underage or incapable people.

All responsibility for the unauthorized use of ACE Stream Platform is on User who illegally uses Services and/or Programs, thus violating terms of this Agreement.

In case of claims by third parties associated with events caused by User, such User guarantees settlement of these claims independently and at their own expense. In such cases the Owner reserves the right, in his sole discretion, to transfer any information about User to the authorized third parties who submit sufficient (in the opinion of the Owner) evidence of a breach by User of anyone's rights, legal requirements or decisions of public bodies.

User will reimburse any proven damages, including loss of profits, incurred by the Owner due to User's breach of the terms of this Agreement.

In terms of damages and/or loss of profits incurred by the Owner due to User’s breach of the terms of this Agreement, User agrees that financial responsibility is not limited by the period of validity of this Agreement.

User guaranties that before using Programs and Services they completely and thoroughly got acquainted with terms, definitions, rights and obligations in this Agreement.



Final clauses

This Agreement can be changed or terminated by the Owner unilaterally, without prior notification of User and without paying any compensation, connected to this.

The current version of this Agreement is located on the Owner’s Website and is available online at acestream.org/about/license.

In case of contradictions between revisions of the Agreement, the one that is included into Programs of Installation package and the last one that is located on the Owner’s Website, the revision of the Agreement located on the Website has a priority.

Official and legal version of the Agreement is provided in Russian.

All versions of the Agreement available on the Website and published in any other language (except Russian) are approximate translation of the official Agreement and are provided only for informative purposes to form a common understanding of the official Agreement’s content and have no legal value (they are not the official Agreement and/or agreement of open offer).



Force majeure

Parties are not responsible for the violation of their obligations that arose after the entry into force of this Agreement if such breach is caused by force majeure.

Force majeure means unforeseeable events that do not depend on the actions of the Parties, beyond their control, and not allowing them to fulfill their obligations.



Settlement of disputes and satisfaction of claims

In case of disagreement, Parties will strive to resolve disagreements through negotiation. If the Parties fail to agree, the dispute will become the subject of judicial review of the location (registration) of the Owner.