1. Your relationship with The Stir Box
1.1 Your use of The Stir Box website (the “Website”) and any The Stir Box products, channels, software, data feeds and services is subject to the terms of a legal agreement between you and The Stir Box. “The Stir Box” means THE STIR BOX LIMITED, registered in the UK, an online TV network, distribution and video production company verified by Companies House, company registration number 08931082.
1.2 The Terms form a legally binding agreement between you and The Stir Box in relation to your use of the Service. It is important that you take the time to read them carefully.
1.3 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that The Stir Box will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if you are a) under 18 years old, by using our Services you certify that your parents or legal guardian has consented to your use and agreed to these Terms on your behalf and you acknowledge and agree that your use of our Services is at their discretion or b) a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access the Service.
3. Changes to the Terms
The Stir Box reserves the right to make changes to the Terms from time to time, for example address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such amendments. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4.1 Unless otherwise explicitly specified, all web materials that are included in or are otherwise a part of The Stir Box (including past, present and future versions of The Stir Box sites), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; wallpapers; contests; voting; technology; applications; widgets; artwork; information; data; designs; advertising copy; logos; domain names; The Stir Box logos, trademarks and services marks, and any other The Stir Box products and service names that are trade identities of The Stir Box, any and all copyrightable material (including source and object code); the “stylistic elements” of the Sites; the compilation, assembly and arrangement of the Sites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by The Stir Box, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties.
4.2 Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by The Stir Box, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for The Stir Box and/or its shareholders, managers, directors, subsidiaries, affiliates, officers or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way The Stir Box’s rights to exploit fully any or all of the Materials.
4.3 You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of The Stir Box’s rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
4.4 The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of The Stir Box, except as is expressly provided in these Terms. Any other use of the Materials or The Stir Box Marks without the prior written authorization of The Stir Box is strictly prohibited. To seek the written authorization of The Stir Box for reproductions of Materials, please contact: firstname.lastname@example.org
5. The Stir Box Accounts
You can submit your work, access full features of the Website, or other elements of the Service, without having to create an account. Registration feature has been disabled.
6. General Restrictions On Use
6.1 The Stir Box hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A) you agree not to alter or modify any part of the Website or any of the Service (including its related technologies);
B) you agree not to access Content through any technology or means other than the video playback pages of the Website itself, or such other means as The Stir Box may explicitly designate for this purpose;
C) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
D) you agree not to use the Service (including any integrated Players) for any of the following commercial uses unless you obtain The Stir Box’s prior written approval:
i) the sale of access to the Service
ii) the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii) the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from The Stir Box appears on the same page and is of sufficient value to be the basis for such sales
E) prohibited commercial uses shall not include (i) The Stir Box uploading your original video to our Site, (ii) showing The Stir Box videos on an ad-enabled blog or website, subject to those advertising restrictions set out in 6.1 (D) (iii) above; and any use that is expressly authorised by The Stir Box in writing;
F) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the The Stir Box servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
G) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include The Stir Box account names);
H) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
I) you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content;
J) and you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by The Stir Box via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
K) You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of The Stir Box or the respective licensors of the Content.
6.2 You agree that you will comply with all of the other provisions of the Terms during your use of the Service.
6.3 The Stir Box grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
6.4 The Stir Box aims to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which The Stir Box provides may change from time to time without prior notice to you.
6.5 As part of this continuing innovation, you acknowledge and agree that The Stir Box may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at The Stir Box’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform The Stir Box when you stop using the Service.
6.6 You agree that you are solely responsible for (and that The Stir Box has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Stir Box may suffer) of any such breach.
7.1 You understand that whether or not your Content is published, The Stir Box does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content.
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of submitting it. The Stir Box does not endorse any Content or any opinion, recommendation, or advice expressed therein, and The Stir Box expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable The Stir Box to use your Content for the purposes of the provision of the Service by The Stir Box, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that you will not submit any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for The Stir Box to use or possess in connection with the provision of the Service.
7.6 On becoming aware of any potential violation of these Terms, The Stir Box reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may decline such Content which is in violation of these Terms at any time.
7.7 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Stir Box with respect to any such Content.
8. Rights You Licence
8.1 When we upload or post your Content on The Stir Box, you grant:
A) to The Stir Box, a worldwide, non-exclusive (unless agreed otherwise), royalty-free, transferable licence to use, reproduce, distribute, syndicate, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and The Stir Box’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B) to each user of the Service, a worldwide, non-exclusive (unless agreed otherwise), royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, syndicate, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you request to remove your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. The Stir Box Content On The Website
With the exception of Content submitted to the Service by you, published and promoted by us, all other produced Content by The Stir Box on the Service is either owned by or licensed to The Stir Box, and is subject to copyright, trademark rights, and other intellectual property rights of The Stir Box or The Stir Box ‘s licensors. Any third party trade or service marks present on Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of The Stir Box or, where applicable, The Stir Box ‘s licensors. The Stir Box and its licensors reserve all rights not expressly granted in and to their Content.
10. Links From The Stir Box
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by The Stir Box. The Stir Box has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that The Stir Box is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that The Stir Box is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. Ending Your Relationship With The Stir Box
11.1 The Terms will continue to apply until terminated by either you or The Stir Box as set out below.
11.2 If you want to terminate your legal agreement with The Stir Box, you may do so by (a) notifying The Stir Box at any time and (b) requesting for your content to be removed. Your notice should be sent, in writing, to The Stir Box’s email address: email@example.com
11.3 The Stir Box may at any time terminate its legal agreement with you if:
A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B) The Stir Box is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 The Stir Box may terminate its legal agreement with you if:
A) The Stir Box is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B) the provision of the Service to you by The Stir Box is, in The Stir Box’s opinion, no longer commercially viable
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Stir Box have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided “as is” and The Stir Box makes no warranty or representation to you with respect to them.
12.3 In particular The Stir Box does not represent or warrant to you that:
A) your use of the Service will meet your requirements,
B) your use of the Service will be uninterrupted, timely, secure or free from error,
C) any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D) that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit The Stir Box’s liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above The Stir Box shall not be liable to you for:
A) any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B) any loss or damage which may be incurred by you as a result of:
i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii) any changes which The Stir Box may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv) your failure to provide The Stir Box with accurate account information;
v) your failure to keep your password or The Stir Box account details secure and confidential.
13.3 The limitations on The Stir Box’s liability to you in paragraph 13.2 above shall apply whether or not The Stir Box has been advised of or should have been aware of the possibility of any such losses arising.
14. General Legal Terms
14.1 The Terms constitute the whole legal agreement between you and The Stir Box and govern your use of the Service and completely replace any prior agreements between you and The Stir Box in relation to the Service.
14.2 You agree that The Stir Box may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if The Stir Box does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Stir Box has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Stir Box’s rights and that those rights or remedies will still be available to The Stir Box.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 The Terms, and your relationship with The Stir Box under the Terms, shall be governed by English law. You and The Stir Box agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The Stir Box shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction