1. Area of application
“Service” is any XpinoTV web-based streaming service as well as all related services, such as forums, messaging systems, etc. that are operated by XpinoTV.
1.3 Should the user enter into contracts with XpinoTV partners or other XpinoTV users via the XpinoTV platform, the respective terms and conditions of such partners or users apply.
1.5 XpinoTV will accept no contractual conditions to the contrary.
2. Conclusion and termination of contract
2.1 Promotional material from XpinoTV, in particular fax documents, flyers and invitations, are non-binding and do not constitute a legal offer. A contract with XpinoTV is first concluded when, at the user’s request, a confirmation mail is sent for the activation of the membership.
2.2 Insofar as contracts are concluded with other users, partners or viewers of XpinoTV streams through the XpinoTV platform, the involved users, partners or viewers are exclusive parties to the contract. This especially applies to the pay TV broadcasts and offers from XpinoTV partners. XpinoTV act solely as a platform.
Users are obligated to ensure through the formulation of their offer that XpinoTV does not become or is not considered to be a contractual partner.
2.3 The contractual relationship with XpinoTV can be terminated at any time by deleting the membership. Previously paid membership fees will not be refunded in this case.
3. Scope of services
3.1 XpinoTV offers the possibility to broadcast live streams through a virtual TV studio in the Internet on the XpinoTV website. Furthermore, the streams can be broadcast on the websites of producing users or other users and non-users (“third party”) when the user or third party embeds a XpinoTV player (embedded player).
3.2 The exact scope of services is determined by the respective terms of the various memberships.
Memberships vary primarily through the following criteria:
Limitation of viewer time: here the user receives a contingent of viewer time. The contingent is diminished by each viewer so that, for example, an audience of 100 viewers uses up 100 viewer minutes per minute.
- Limitation of maximum allowed viewers.
- Limitation of total traffic for a specific period of time.
- Limitation of storage capacity in the archive.
- Limitation of possible settings when broadcasting a show on XpinoTV and/or an embedded player.
- Insertion of third party advertisements in the user’s stream by XpinoTV.
The limitations are considered maximum limitations. All of a user’s streams are therefore included, regardless of whether the stream is live or from the archive.
Should the membership type allow XpinoTV to insert advertisements for which XpinoTV invoices and is entitled to payment, the related costs (traffic, storage space, viewer time) will not be charged to the user or diminish his contingent.
3.3 Furthermore, a user can create his own user profile, contribute to forum discussions, use the internal mail system, and participate in other forums and activities offered.
4. Assignment of rights
4.1 By transferring content to our service, the user grants XpinoTV the following rights:
XpinoTV is authorized to store user content and hold it ready for access via the archive. However, the user has the possibility to delete his content from the archive at any time.
XpinoTV is authorized to make user content publicly accessible worldwide on the XpinoTV website, regardless of whether live or from the archive. Furthermore, user content can be shown with the embedded player on third party websites. The user now agrees to this possibility with XpinoTV as well as with third parties. The user acknowledges that XpinoTV cannot monitor the content of the websites on which the user’s content is broadcast with an embedded player. XpinoTV takes no responsibility for monitoring the content of such websites.
Should the membership type allow the configuration of viewer groups and the user exercises this right, XpinoTV is, as a matter of course, only authorized to make the user content accessible within the constraints of the configuration.
4.2 Furthermore, the user grants XpinoTV the right to abridge user content and insert advertising for XpinoTV or third parties on XpinoTV’s account. The insertion of advertising can occur both before and after the broadcast of a stream, as well as during and within a broadcast. XpinoTV is authorized to broadcast a stream (also from the archive) in such a way that the viewer cannot skip the advertisement. The selection and insertion of advertisements is carried out by XpinoTV or through an authorized third party. The user has no influence on the advertisements selected.
Should the membership allow for advertisement-free broadcasting, XpinoTV’s authorization to insert advertisements is thus void.
4.3 Regardless of the membership type, a user can revoke the rights granted by deleting the content.
4.4 The assignment of rights to XpinoTV and/or third parties is free of charge and non-exclusive. The user is further authorized to use his content on his own authority outside of XpinoTV. XpinoTV can transfer the granted rights to a third party to execute the services.
Marketing of streams
Some memberships allow the user to generate revenues. Regarding the details of billing and method of payment, the marketing terms agreed upon by the user when entering the corresponding membership apply.
Should the user’s revenues be generated through advertising and participation in the XpinoTV marketing system, the scope, placement, type, subject matter and content of the advertisement is determined by XpinoTV or an authorized third party. The user cannot influence the advertisement.
Should revenues be generated through viewer participation, the billing for these revenues is carried out by XpinoTV. XpinoTV receives a share of this.
6. Responsibility for content
6.1 The user alone is responsible for all transmitted content, such as video streams, photographs, postings and similar items, as well as for his behavior on XpinoTV. In relation to XpinoTV, the user is accountable for content made available by others which is broadcast via the user’s membership. This especially applies to interactive viewer participation and streams produced by third parties which are embedded by users.
- not to transmit any content through XpinoTV whose reproduction infringes upon copyrights, trademarks, personal rights, other third party rights or violates objective law.
- not to transmit any content through XpinoTV that contains software, applications, programs, viruses or other data that can impair or damage the functionality of XpinoTV’s hardware or software or that of other users, in particular because the content does not adhere to the defined formats.
- not to insult, slander or in any way harass or harm other users and third parties.
- not to use the services for unsolicited commercial purposes, particularly for distributing mass mailings or similar uses.
- to use personal data obtained through XpinoTV such as names, email addresses and the like according to applicable law, particularly competition and data privacy laws.
- not to use XpinoTV for pornographic or racist content, content which may be harmful to minors, content that conveys ideas of national socialism, content that is gratuitously violent etc.
- only offer streams to which the user has obtained the rights to under public law
6.4 The user hereby indemnifies XpinoTV of all third party claims as these may be lodged against XpinoTV for infringement of their rights, notably of personal rights, copyrights, licensing, competition or other proprietary rights based on content transmitted or broadcast by the user. The user shall reimburse XpinoTV for any incurred legal costs resulting from an infringement of the user’s content. The user is obligated to support XpinoTV to the best of his ability in handling any third-party claims resulting from his infringing content and particularly to submit all documents necessary for the defense.
6.5 The user agrees not to use incorrect or ambiguous data upon registration, not to register using a false identity and to update his personal data regularly. Passwords should be kept confidential. The user is responsible for all activities carried out under his password and is obliged to immediately inform XpinoTV of unauthorized use. Failure to fulfill these obligations authorizes XpinoTV to immediately terminate the membership. The right to claim additional indemnities remains unaffected.
7. Contracts with other members, partners and viewers
7.1 Insofar as the user makes offers through the service, notably offers broadcast through streams, posted in forums or distributed through the messaging system, the user is the sole party to such contracts. This also applies when the user accepts an offer in this way. In such cases, there is no resulting contract with XpinoTV, rather solely between the respective users or third parties. All legal matters apply solely to the parties involved.
7.2 Should a user accept an offer from a XpinoTV partner, this too only results in a contract between the user and partner, not with XpinoTV. Therefore all legal matters regarding this contract apply solely to the parties involved.
7.3 In both cases, the user is obliged to provide XpinoTV with accurate data and adhere to existing agreements. Violations against this can result in termination of the membership.
8. Data protection
XpinoTV adheres to the statutory regulations of data protection.
9. XpinoTV content
Content made available by XpinoTV, especially the site’s design, text content, pictures, graphic art, logos, music, html/php and other sources are protected by copyright, trademark and/or other proprietary laws.
Use of XpinoTV content is subject to applicable copyright, trademark and other proprietary laws. Any use of the content for private or commercial purposes, even in part, requires prior approval from XpinoTV.