Terms of Service

This Febspot Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Febspot, Inc. (“Febspot,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of Febspot owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”). This includes our Febspot, Febspot sp z o.o, and Livestream services. Your use of our video hosting services is governed exclusively by the Febspot platform Terms of Service Agreement.

1. Acceptance

By creating an account, viewing videos, payment for advertising, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

This Agreement includes our Privacy Policy and other policies or addenda expressly incorporated by reference. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

2. Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

• Stream videos that you have the right to view;
• Upload, store, and/or live stream videos, subject to available platform features;
• Embed our embeddable video player on third-party websites;
• Use related functionality that we may provide; and
• Use available video content monetization services, subject to eligibility and platform rules.

Transactions: We may offer digital goods or other paid services for sale. Additional terms presented in connection with a particular transaction may apply.

Monetization: We may allow eligible users to earn money through advertising, video monetization or other creator programs. Monetization is subject to traffic-quality validation, platform policies, applicable program terms and other eligibility requirements.

Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, Febspot grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps.

We may update Apps from time to time to add new features and/or correct bugs. You are responsible for using a version compatible with your device. We cannot guarantee that every version will remain compatible with every device.

Developer Tools: We may offer application programming interfaces (“APIs”) that allow developers to build applications connected to our Services. APIs and related documentation may be subject to additional terms.

Enterprise Services: We may provide Services pursuant to individually negotiated agreements. Where such an agreement applies, its conflicting provisions will govern the applicable enterprise service.

Third Parties: We may provide links to or integrations with websites or services operated by others. Your use of third-party services may be subject to their own terms and privacy policies.

3. Accounts

Registration: You may create an account to use certain features we offer, including uploading videos and accessing creator features. You must provide the information requested during registration. By creating an account, you agree to receive notices from Febspot using your registered contact information.

Organizational Accounts: Corporate, governmental, and other organizational users must ensure that persons acting through their accounts have appropriate authority.

Age Requirements: You must satisfy the minimum legal age applicable to use the Services in your jurisdiction. Where parental or legal-guardian consent is legally required, the Services may be used only with such consent and supervision.

Parents and Guardians: By granting a minor permission to use the Services through your account, you acknowledge responsibility for monitoring and supervising that use to the extent required by applicable law.

Team Members: Certain account types may allow you to grant other users access to the account. You are responsible for permissions you grant and for monitoring authorized access to your account.

Account Security: You are responsible for activity occurring through your account and must safeguard your account credentials. If you become aware of unauthorized access, you should immediately secure your account and notify Febspot.

4. Acceptable Use Policy

We may allow you to upload, live stream, submit, or publish content such as videos, recordings, images, metadata and text. You must ensure that your content and conduct comply with this Agreement and applicable law.

Febspot may review, restrict, remove or limit the availability of content or accounts that it reasonably believes violate these Terms, applicable policies or legal requirements.

4.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may submit valid takedown requests where they believe Febspot hosts infringing material. Febspot may terminate or restrict accounts associated with repeated infringement.

4.2 Content Restrictions

You may not submit content that:

• Infringes copyrights, trademarks, privacy rights or other rights belonging to third parties;
• Contains pornographic or sexually explicit material prohibited by Febspot policies;
• Contains any sexual exploitation or abuse material involving minors;
• Is defamatory, harassing or abusive;
• Contains hateful or unlawfully discriminatory content;
• Promotes or supports terrorist organizations or unlawful extremist activity;
• Provides unlawful instructions for constructing explosive, incendiary or prohibited weapons;
• Exploits or endangers minors;
• Promotes or encourages self-harm or suicide in violation of applicable policies or law;
• Depicts unlawful acts of extreme violence or prohibited animal cruelty;
• Promotes fraudulent money-making schemes or unlawful transactions;
• Uses materially deceptive or fraudulent marketing practices;
• Contains dangerous false or misleading claims where prohibited by applicable law or platform policy;
• Contains prohibited deceptive information concerning voting or elections;
• Contains content that otherwise violates Febspot policies; or
• Violates applicable law.

When using the Services, you may not:

• Use an offensive or prohibited screen name or avatar;
• Impersonate another person or organization or otherwise act deceptively;
• Harass or stalk another person;
• Harm or exploit minors;
• Distribute spam or deliberately misleading metadata;
• Collect personal information about others unlawfully;
• Access another person's account without authorization;
• Use or export the Services in violation of applicable export-control or sanctions laws;
• Engage in unlawful activity;
• Embed or use Febspot Services in connection with prohibited content; or
• Cause or encourage others to engage in prohibited conduct.

4.3 Prohibited Technical Measures

You may not:

• Scrape, reproduce, redistribute, create unauthorized derivative works from, decompile, reverse engineer, alter, archive or disassemble the Services except where expressly permitted by law or Febspot;
• Attempt to circumvent security, rate limiting, filtering, anti-fraud, access-control or digital-rights-management measures;
• Submit malicious programs, scripts or code;
• Submit an unreasonable or abusive volume of automated requests to our infrastructure; or
• Manipulate, interfere with, degrade or damage the Services.

4.4 Restricted Users

You may not use the Services where doing so would violate applicable sanctions, export-control restrictions, court orders or other legal prohibitions.

4.5 Accessibility and Ratings

Where functionality is available, creators may provide captions and other accessibility information. If applicable law requires you to provide accessibility features for your content, you are responsible for doing so.

Where content-rating functionality exists, creators are responsible for providing appropriate ratings and classifications for their content.

5. Licenses Granted by You

As between you and Febspot, you retain ownership of intellectual property rights you hold in content you submit. To operate the Services, you grant Febspot the permissions described below.

5.1 Your Video Content

By submitting or uploading a video, you grant Febspot permission, subject to your available privacy and distribution settings, to:

• Host and stream the video to end users;
• Make the video available through Febspot websites, applications and players;
• Embed or allow embedding of the video where enabled;
• Distribute information concerning the video through APIs and related platform systems;
• Make public videos available for public viewing;
• Monetize eligible videos in accordance with applicable monetization rules;
• Serve advertising in connection with eligible content;
• Transcode and create versions optimized for delivery and streaming; and
• Generate thumbnails, previews and other technical derivatives needed to operate the Services.

If you use available privacy settings or disable downloading or embedding, Febspot will apply those settings subject to technical, legal and operational limitations.

For purposes of providing and promoting the Services, video content may include its title, description, tags, thumbnail, creator information and other associated metadata.

The applicable license begins when you submit content to Febspot and generally ends when the content is deleted, except that Febspot may retain copies where reasonably necessary for backup, restoration, legal compliance, dispute resolution, abuse prevention or enforcement.

5.2 Account Profile

You grant Febspot permission to display the name, profile image, biography, trademarks, logos or other identifiers that you intentionally make available through your account profile in connection with operation and presentation of the Services.

5.3 Other Content and Feedback

For content such as comments, descriptions and other materials that you submit through interactive areas of the Services, you grant Febspot the rights reasonably necessary to host, display, transmit and distribute that content through the Services.

If you submit suggestions or feedback concerning Febspot products or services, Febspot may use that feedback without obligation to compensate you.

5.4 Scope of Licenses

Unless otherwise expressly stated, licenses granted to Febspot under these Terms are non-exclusive, worldwide and royalty-free to the extent necessary to provide, operate, secure, distribute, improve and promote the Services.

6. Your Obligations

6.1 Representations and Warranties

For each piece of content that you submit to or through Febspot, you represent and warrant that:

• You have the right to submit the content and grant the permissions described in these Terms;
• Febspot will not be required to obtain additional licenses from third parties or pay unauthorized royalties as a result of permitted use of the content;
• You have obtained appropriate releases or permissions from persons appearing in the content where legally necessary;
• The content does not violate third-party intellectual-property, publicity, privacy or other applicable rights; and
• The content and your use of the Services comply with these Terms and applicable law.

6.2 Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Febspot and its applicable affiliates, officers, directors, employees and agents from third-party claims, damages, costs and liabilities arising from content you submit or from your material breach of these Terms.

7. Term and Termination

This Agreement begins when you first use the Services and continues while you use the Services or maintain an account with Febspot.

You may stop using the Services at any time. Where account-deletion functionality is available, you may request or initiate deletion of your account subject to applicable legal, security, fraud-prevention and record-retention requirements.

If you breach this Agreement or applicable Febspot policies, Febspot may suspend, restrict or terminate access to your account or content where reasonably necessary to protect users, the platform, third parties or Febspot.

Febspot may remove or withhold amounts associated with invalid traffic, fraud, abuse or other non-compliant activity to the extent allowed by applicable program rules and law.

Provisions which by their nature should survive termination, including provisions concerning intellectual property, indemnification, disclaimers, limitation of liability and dispute resolution, will continue to apply after termination.

8. Disclaimers

FEBSPOT PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE EXTENT PERMITTED BY APPLICABLE LAW.

You are responsible for obtaining the devices, software and internet connectivity required to access the Services.

EXCEPT WHERE EXPRESSLY REQUIRED BY APPLICABLE LAW, FEBSPOT DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Among other things, Febspot does not guarantee:

• That the Services will always be uninterrupted, error-free or available from every location, browser or device;
• That any particular content will remain hosted or available;
• The accuracy or legality of content submitted by users;
• That every geo-filtering, fraud-prevention or digital-rights-management measure will be completely effective;
• That the Services will satisfy every business or professional requirement;
• That every feature will remain available indefinitely;
• Backwards compatibility with every third-party product or device; or
• The availability, accuracy or security of third-party websites or resources.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEBSPOT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS, GOODWILL OR DATA, WHERE SUCH LIABILITY MAY LAWFULLY BE EXCLUDED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEBSPOT'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO FEBSPOT DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR USD $100, EXCEPT WHERE A DIFFERENT LIMIT IS REQUIRED BY LAW OR EXPRESSLY AGREED IN WRITING.

10. Disputes, Arbitration, and Choice of Law

If you are dissatisfied with the Services, please contact Febspot first so that we have an opportunity to review and attempt to resolve the issue.

10.1 Choice of Law

Except where mandatory consumer-protection or other applicable law provides otherwise, disputes relating to this Agreement or your use of the Services will be governed by applicable laws of Poland and applicable European Union law, without regard to conflict-of-law principles.

10.2 Choice of Venue

Except where applicable law requires another jurisdiction or where a dispute is subject to a valid arbitration agreement, disputes concerning these Terms may be brought before the competent courts in Warsaw, Poland.

10.3 Arbitration of Certain Claims

Where the parties enter into a valid and enforceable arbitration agreement concerning a particular claim, that claim may be resolved through binding arbitration rather than ordinary court proceedings, subject to mandatory rights and protections available under applicable law.

Arbitration is a private dispute-resolution process in which an independent arbitrator rather than a court may determine the dispute. Any applicable arbitration procedure will be subject to the arbitration agreement, governing rules and mandatory law.

Nothing in these Terms is intended to deprive consumers of rights that cannot lawfully be waived under applicable consumer-protection law.

11. General Provisions

Reservation of Rights and Severability: Febspot reserves all rights not expressly granted under these Terms. If any provision is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain effective to the extent permitted by law.

Force Majeure: Febspot will not be responsible for delay or failure to perform caused by events outside its reasonable control, including natural disasters, disease outbreaks, war, civil unrest, terrorism, sanctions, embargoes, infrastructure failures, utility interruptions, telecommunications failures, governmental orders or comparable events.

Relationship: You and Febspot are independent parties. Nothing in these Terms creates an employment, partnership, joint venture, franchise or agency relationship unless expressly agreed otherwise in writing.

Assignment: You may not transfer your rights or obligations under these Terms where such transfer would violate applicable law, platform restrictions or the rights of Febspot or third parties.

Entire Agreement: These Terms, together with policies and additional terms expressly incorporated by reference, constitute the agreement governing your use of the applicable Services unless you and Febspot have entered into another written agreement that expressly supersedes them.

Language: The English version of these Terms governs unless applicable law requires otherwise. Translations may be provided for convenience.

By continuing to access or use Febspot after revised Terms become effective, you agree to the revised Terms to the extent permitted by applicable law.