User Agreement

1. Subject and General Provisions of the Agreement

This User Agreement (hereinafter referred to as the "Agreement") is a public offer and a contract between You ("You", hereinafter referred to as the "User" or collectively referred to as "Users"), on the one hand, and AceStream DAO LLC (hereinafter referred to as the "Administrator", "We"), on the other hand, collectively referred to as the "Parties."

AceStream DAO LLC (hereinafter referred to as "Ace Stream") is a decentralized autonomous organization registered in the USA, in the state of Wyoming (Filling ID: 2022-001122598).

The activities of AceStream DAO LLC are based on a smart contract (smart contract address in the Ethereum network: 0x4a5407226b3d7b1689cfe669b96e455c4a11268c). The Ace Stream ecosystem is built on Distributed Ledger Technology (DLT) and does not have owners in the traditional sense. Control rights over Ace Stream are distributed among holders of AST tokens. They manage the protocol and make decisions on all key matters, ensuring stability, transparency, and efficiency of Ace Stream operations. This is achieved through a decentralized governance system, which includes surveys and administrative voting.

This Agreement contains terms regarding the use of the Ace Stream multimedia platform (hereinafter referred to as the "Service") and defines the rights and obligations of the Parties.

The administration and management of the Service are carried out by authorized representatives acting on behalf of AceStream DAO LLC, operating based on smart contracts and in accordance with the laws and regulations of the country under whose jurisdiction they operate.

The authorized official representative of AceStream DAO LLC, providing you access to this website and associated applications and centralized services, is the company "Innovative Digital Technologies LLC" (hereinafter abbreviated as "IDT"), located in Kyiv, Ukraine (registration number: 37730227).

The authorized official representative for receiving payments worldwide except Ukraine is individual entrepreneur Anton Pishel (registered sole trader in the UK, UTR number 7794359321). The authority is granted based on the following smart contracts (smart contract addresses in the Ethereum network: 0x4a5407226b3d7b1689cfe669b96e455c4a11268c).

The authorized official representative for receiving payments in Ukraine is individual entrepreneur Varich Konstantin Leonidovich (registration number 2758723370). The authority is granted based on the following smart contracts (smart contract addresses in the Ethereum network: 0x4a5407226b3d7b1689cfe669b96e455c4a11268c).

You must be at least 18 years old to access or use our Service. If you are accessing the Service or using it on behalf of another individual or legal entity, (i) you represent that you are authorized to accept these Terms on behalf of such individual or legal entity and that such individual or legal entity agrees to comply with these Terms and be responsible if you violate these Terms, and (ii) references to "you" shall mean you and such individual or legal entity collectively.

The processing of Users' personal data by the Administrator is governed by the Privacy Policy, which is an integral part of this Agreement and is available at the following link: https://www.acestream.org/about/privacy-policy

The date of conclusion of this Agreement is considered to be the date when the User starts using the Service.

By creating an account or otherwise accessing the Service, you confirm that you have read, understood, and agree to the Terms. If you do not agree to the Terms, do not access the Website and do not use the Service.

2. General Information About the Service

The Service is a technical platform consisting of the websites acestream.org; acestream.net; acestream.media; acestream.tv (hereinafter referred to as the "Site" or "Sites") and user software products (hereinafter referred to as "Application" or "Applications"), which are an integral part of the Service for various types of devices: mobile, Smart TV, and others.

The Service and its Applications are freely accessible, and the majority of its functions are free and do not require registration (no need to create and use an Account on the Site or in the Application). However, some functions are paid and optionally provided to the User at their discretion.

The Service and its Applications do not contain any video and audio content protected by copyrights other than the Common Creative license, and also do not store electronic versions of works published by Users on their servers. They are intended solely for the convenience of users in terms of decentralized data processing, storage, and transmission.

To provide Users with conveniences in consuming multimedia content, the Service allows Users to catalog content by adding it to their personal catalog from available sources through plugins, file hashes, and metadata. The Catalog service is intended solely for the personal use of the User, and the User himself is responsible for its formation/filling.

The Service's Applications use the BitTorrent protocol, operating in client/server mode, and are nodes of the Ace Stream P2P network, forming a decentralized system for data processing, storage, and transmission. They also serve to ensure the most reliable, fast, and seamless data transmission without using any central servers for exchanging information between Users. By using the Service's Applications (e.g., Ace Stream), you provide part of your disk space and part of your hardware and network resources to the common pool of Ace Stream network Users, and by this Agreement, grant the Administrator the right to manage and use them within the terms of this Agreement. Data (files) received by the User during streaming of video and audio content via the Ace Stream protocol, as well as data stored on the user's device while the Application is running as a Network node to provide CDN/Proxy/VPN services, are cached on the User's computer and temporarily stored in encrypted form in the cache folder. The User does not have the right to access the contents of cached files, and the data contained therein is inaccessible to the User for viewing, and accordingly, the user cannot be held responsible for their content. The cache folder is not intended for permanent storage of files, and the files downloaded into it are automatically deleted by the Application.

The content of the content received and played by the User through the Service's Applications (except for materials created directly by the Administrator) is provided by a decentralized P2P data storage and transmission system (in particular, the BitTorrent protocol), is not checked by the Administrator, and may be erroneous, incomplete, and inaccurate. The User understands and agrees that they independently assess all risks associated with obtaining and distributing content when using the Service's software products, including regarding the legitimacy of the information obtained and distributed.

Periodically, the Applications may interact with the Administrator's hardware and software facilities to check for updates to the Applications and verify rights to access some additional functions of the Applications, as well as to display advertising materials and transmit technical data and statistics. By installing the Service's Applications, the User agrees to interact with the Administrator's hardware and software facilities (agrees to the possibility of making requests, transmitting and receiving data, as well as receiving and installing updates automatically) and undertakes to ensure unhindered network access to them.

3. User Rights, Obligations and Guarantees

Subject to compliance with the terms of this Agreement, the Administrator grants you non-exclusive rights, not transferable, to use the Service and its Products exclusively for personal, non-commercial purposes.

Commercial use of the Service and its Applications is allowed only within the framework of the Service's partner and referral programs, or based on a separate agreement with the Administrator.

The User has the right to reproduce (copy) and distribute the Applications, provided that the combination, composition, and content of the Programs are preserved unchanged (subject to the integrity of the Programs).

The User has the right to customize the Applications, distribute, and install them on an unlimited number of Devices only under the terms of the Service's partner and referral programs, or based on a separate agreement with the Administrator.

The User has the right, using the Applications, to create and publish content that does not violate the copyrights and/or related rights and/or other rights of third parties, in accordance with the legislation of the country under whose jurisdiction they are located.

The User has the right to reproduce and save (download) content through the Applications only if they have the corresponding rights to perform such actions, acquired or transferred to them in accordance with the legislation of the country under whose jurisdiction they are located.

The User is not allowed to publish, distribute, and transmit Content through the Service if they do not have the corresponding rights to perform such actions, acquired or transferred to them in accordance with the legislation of the country under whose jurisdiction they are located.

The User, regardless of the legal norms of any state, undertakes not to use the Service and its Applications to publish and distribute Content that contains:

The User agrees that before reproducing (playing) any content, including playing their local files, during its playback and after, playback of content may be paused to display a Service ad block. The User agrees that when using the Service and its Applications for free, they are obliged to view the Advertising materials published on the Sites and in the Applications. By this Agreement, the User confirms that playing and viewing this Advertising block is a conditional payment exclusively for the use of the Service, which is not related to the rights to access the content, and understands that the availability (loading and/or visualization) of the content through the Service does not depend on viewing the Advertising block. The User agrees that viewing the Advertising block does not guarantee the availability of the content.

The User agrees not to prevent the display of Service advertising materials.

The User undertakes not to use automated scripts (programs) to collect information and/or interact with the Service without using the official API or without concluding an additional agreement with the Administrator.

The User is fully responsible for the security and confidentiality of their account (Login and Password) and for restricting access to their Device. The User takes full responsibility for all actions that occur under their account (Login and Password).

The User agrees that the information they provided during Registration and in all other cases will be truthful, accurate, up-to-date, and complete. The User also guarantees that this information will always be accurate and up-to-date. If the User has reason to believe that their account is not secure (for example, in case of loss, theft, or unauthorized use of their account or credit, debit, or bank card number, etc.), the User undertakes to immediately notify the Administrator. The User also bears full material responsibility for losses incurred by the Administrator or their authorized persons due to unauthorized use of their account.

The User agrees to independently restrict the use of the Service and its Applications by minors or legally incompetent members of their family (children) and other minors or legally incompetent persons who have accessed the User's Device with the Applications installed on it. If the User allows minors and legally incompetent persons to use the Service and its Applications, the User assumes full responsibility for the actions and consequences of such use of the Service and its Applications.

In case of claims from third parties related to events for which the User is responsible, the User guarantees independent and at their own expense settlement of such claims.

The User compensates for any proven damages, including lost profits, incurred by the Administrator and their authorized persons due to the User's violation of the terms of this Agreement.

The User agrees that the financial responsibility for compensation for damages and/or lost profits incurred by the Right Holder due to the User's violation of the terms of this Agreement is not limited by the term of this Agreement.

The User guarantees that they have fully and thoroughly familiarized themselves with the terms, conditions, definitions, rights, and obligations under this Agreement before starting to use the Service and its Applications.

4. Rights and Responsibilities of the Administrator

The Administrator provides Users with the Services and Applications as is and without any warranties.

The copyright holder has the right, unilaterally, to change the list of Services and provided Applications, as well as the terms of their use.

The Administrator has the right to store, use (process, etc.) the User's personal data and dispose of the information received from the user to organize activities related to providing services to the User within the framework of the operation of the Services and Applications and their improvement, as well as to ensure targeted display of advertising materials and the fulfillment of other tasks in accordance with the terms of this Agreement.

The Administrator may provide aggregated De-Identified Data to other Users and Partners, such as publishers, advertisers, statistical and analytical systems, or owners of websites and Internet services using the Service, Applications, and Ace Stream technology. (They may be used, for example, to illustrate usage trends of our services or to identify a user on sites through an Anonymous Identifier).

The User grants the Administration a non-exclusive right (license) to use, including reproduction, distribution, processing, public display, and dissemination of materials published/distributed by the User through the Services and its Programs, if the user has not set restrictions (e.g., the "Private" flag or unless otherwise provided by a separate, additional agreement between the Administrator and the User). The author of such materials retains all property and copyright rights.

The Administrator has the right to send messages to the User at the email address and other means of communication specified by the User during registration or in their account/profile.

The copyright holder has the right to cancel the Registration and deny the User access to the services of the Service and Applications if it considers that the User's activities do not comply with the rules and terms of the Agreement, as well as in case of receiving official data (court decision) about the User's illegal activities when using the Services and Applications, in accordance with the legislative norms of the state of Ukraine. The Administrator reserves the right not to provide the User with an explanation of the reason for canceling the registration and denying access to the Services and/or various functions of the Applications.

5. User Accounts and Account Security

To access certain services of the Ace Stream Service, you need to have an account in the Ace Stream system. When registering an account, you must use an email address. You agree that the email information you provide to us is accurate, corresponds to the email address of your account in the Ace Stream system, and that you will always maintain its accuracy and relevance. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all actions that occur under your account, assuming all risks of unauthorized access.

If you believe that your account is no longer secure, you must immediately notify Ace Stream at support@acestream.net.

6. Payment Terms

When you activate or add paid features or use a service that has a separate fee, you will pay based on the stated fees, which the Administrator or its authorized representative may change from time to time. The Administrator reserves the right to unilaterally change the cost and conditions of providing services.

The Service allows you to use acceptable payment methods ("Payment Methods") for Contributions. You represent and warrant that you have the right to use Payment Methods. You authorize our designated third-party payment service to charge the amount specified for your Payment Method for any contribution you make through the Service. If the Payment Method cannot be verified, is invalid, or is otherwise unacceptable, your Contribution may be automatically suspended or canceled. Some Payment Methods may be offered as separately branded payment services (for example, LiqPay), and you agree to comply with the terms of these services.

Fees for third-party payment services. If you use a third-party payment service, the party responsible for this service may charge an additional fee.

ALL CONTRIBUTIONS/PAYMENTS ARE FINAL, AND REFUNDS ARE NOT PROVIDED. All payments made through the Service are classified as payment for software. According to Ukrainian legislation, under which the authorized, official representative of the Administrator operates, software cannot be returned or exchanged (Cabinet of Ministers Resolution of March 19, 1994, No. 172). You agree to address any disputes regarding contributions you make through the Service exclusively to the Administrator or its authorized representative.

You are solely responsible for declaring any income and determining which taxes, if any, apply when using the Service.

You agree that the Service is not responsible for withholding, collecting, reporting, or remitting any taxes arising from any transaction you make through the Service and/or its use.

7. Changes on the Website and in these Terms

The Service may CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE SERVICE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.

The Administrator reserves the right to cancel and modify the terms of the Agreement at its discretion. If the Administrator makes changes to the terms of the Agreement, the modified terms will be posted on the page of this Website, and the "Last Updated" date below will be updated. The Administrator will make commercially reasonable efforts to notify you of any material changes to these Terms, but is not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms. The date of the last revision of the terms will be at the bottom of these Agreement terms. If you do not agree with the modified Terms, you must cease accessing the Service and using it. Your continued use of the Service after any changes means you agree to the current terms. You are responsible for regularly reviewing the Terms.

8. License Restrictions

The Service and Applications, as well as all their components and individual elements (including, but not limited to: computer programs, databases, underlying codes, know-how, algorithms, design elements, fonts, logos, as well as textual, graphical, and other materials) are objects of intellectual property protected in accordance with the norms of national and international legislation, any use of which is permitted only on the terms of this Agreement and/or based on a separate agreement with the Administrator.

Rights and methods of using the Service and its Applications not expressly granted/permitted to the User under this Agreement are deemed not granted/prohibited by the Administrator.

It is prohibited to change the trade name of the Service and Applications, change and/or delete copyright notices without the corresponding permission of the Administrator.

The User is not allowed to use any software tools, components, functions, scripts, modules, etc., that may alter the algorithm of the Programs and Services' operation without the Administrator's permission.

It is prohibited to take any actions that may restrict the User's access to the functions of viewing advertisements published by the Service.

Deciphering, emulating, modifying, decompiling, disassembling the source code of Programs and Services, which is closed, as well as any actions related to the violation of the protection system of Programs and Services and/or their functions for unauthorized use of the Service and its applications, are prohibited.

It is prohibited to use the source codes of the Service and its Applications to create other software products and services or to create new versions of Programs and Services in violation of the terms of this Agreement and the licenses under which they are provided.

Illegal use of the intellectual property objects specified in this Agreement entails civil, administrative, and criminal liability.

The User shall compensate any proven damages, including lost profits, incurred by the Right Holder in connection with the breach of the licensing conditions.

The User agrees that the financial liability, in terms of compensation for damages and/or lost profits incurred by the Administrator in connection with its breach of this Agreement, is not limited by the terms of use of the Services and/or Programs. The User guarantees that regardless of whether they continue to use the Services and Applications or not, in the event of a breach of the terms of this Agreement and the License, they undertake to compensate for the damages and reimburse the lost profits to the Administrator and/or its authorized persons.

All responsibility for non-compliance with the terms of this Agreement extends to the owner of the website and/or Internet resource where the Services and Programs were used and violations of the terms were identified during their use.

9. Compensation for Damages

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Service and its Administrator, as well as affiliates of the Service, from any damages, liabilities, claims, demands, losses, expenses, or costs ("Claims") arising out of or related to (a) your access to or use of the Service; (b) your User Content or Feedback; (c) your breach of these Terms; (d) your infringement, misappropriation, or violation of any other person's rights (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Service. You agree to promptly notify the Administrator of any third-party Claims, cooperate with the Administrator and its authorized representatives in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Administrator and its authorized representatives will have control over the defense or settlement of any third-party Claims. This compensation for damages supplements, and does not replace, any other compensation for damages set forth in a written agreement between you and the Service.

10. Disclaimer

You use the Service at your own risk. The Service is provided "as is" and "as available," without any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, We do not warrant or guarantee that the Service will be accurate, complete, reliable, current, or error-free. While We strive to make your access to and use of the Service safe, We cannot and do not represent or warrant that the Service or our servers are free of viruses or other harmful components. You assume all risk as to the quality and performance of the Service.

You agree not to hold the Administrator liable for the quality and content of the Content obtained through the Service and its Applications, as well as for its compliance or non-compliance with the expectations of the User, and for any damage (moral or material) that the User may suffer from such Content. Registration on the Site, as well as the operation and provision of services by the Service and its Applications, are automated. Most of the Service's functions are decentralized, and its sites are open to the public.

Users independently add Content to the Applications provided by the Service, and all responsibility for the content of the Applications lies solely with the User who manages and controls the Application. The Administrator does not control the Content reproduced by Users through the Applications and, accordingly, does not provide any warranties for its quality and is not responsible for its content. The User who distributes and publishes this Content using the Applications and Ace Stream technologies bears sole responsibility for the quality and content of the Content.

The Administrator is not responsible for temporary failures and interruptions in the operation of the Service and its Programs, as well as for the loss of information caused by them. The Administrator is not responsible for the failure or improper performance of its obligations due to failures in telecommunication and energy networks, actions of malicious programs, non-execution of orders by payment systems and/or banks, as well as for the dishonest actions of third parties aimed at unauthorized access and/or disabling of the Service and its Products.

You acknowledge and agree that the Administrator is not responsible for third parties (owners of third-party services, programs, etc.) using the Service and its Products to provide Content to the User, as well as various services (goods) and products. Any links on the Administrator's Sites to third-party services (services), products, content, etc., may be published solely for advertising purposes or for the convenience of the User and do not imply any endorsement by the Administrator of such services (services), products, content, and everything else provided by third parties. You confirm full individual responsibility for all possible risks associated with the use of such services (services), products, content, etc. All claims regarding the operation, content, and features of such services (services) and products may only be directed to their developers/owners.

All Advertising Materials placed by the Service on the Site and in the Applications are provided by third parties (the only exception may be Advertising of the Rights Holder's Programs and Services). The Administrator is not responsible for the accuracy of the Advertising (informational) materials placed by the Service in the Applications provided by third parties (except for the Advertising of the Service itself and its products and services), as well as for the availability of third-party websites and their content, as well as for any consequences related to the use of such information.

The Administrator is not responsible for the User's violation of the copyrights and related rights of third parties.

All responsibility for the illegal use of the Service and its Applications is borne by the User who illegally uses the Services and/or Applications, thereby violating the terms of this Agreement.

11. Limitation of Liability

The Administrator shall not be liable to you under any theory of liability - whether based on contract, tort, negligence, strict liability, warranty, or otherwise - for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if the Administrator or other affiliated persons with the Service have been advised of the possibility of such damages.

The Administrator does not compensate for losses incurred as a result of negligent protection of the User's Login and Password, leading to third-party access to the system on behalf of the User.

THE ADMINISTRATOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The limitations set forth in this section do not limit or exclude liability for gross negligence, fraud, or intentional, willful, malicious, or reckless acts of the Administrator or persons affiliated with the service.

12. Applicable Law and Dispute Resolution

These Terms, as well as your access to the Service and its use, shall be governed by, construed, and enforced in accordance with the laws of Ukraine.

The official and legally binding version of the Agreement is presented in the Ukrainian language and is available at: https://www.acestream.org/about/user-agreement/uk

Any versions of the Agreement available on the Website published in any other languages (except Ukrainian) are approximate translations of the official Agreement and are provided solely for informational purposes to give a general idea of the content of the official Agreement, and they do not have any legal force (are not the official Agreement and/or contract of open offer).

13. Severability

If any provision or part of a provision of these Terms is deemed invalid or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions and conditions.

14. Privacy Policy

Please carefully review the Privacy Policy of the Service (available at https://www.acestream.org/about/privacy-policy) ("Privacy Policy") for information regarding the collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated into these Terms and is part of them.

15. Additional Terms

Your use of the Service is governed by all additional terms, policies, rules, or recommendations applicable to the Service or specific features of the Service that we may post within the Service or refer to from the Service. All Additional Terms are incorporated into these Terms by reference and are part of them.

16. Miscellaneous

These Terms constitute the entire agreement between you and [Service Name] regarding your access to and use of our Service. The failure to enforce or ensure compliance with any right or provision of these Terms shall not constitute a waiver of such right or provision. Section headings in these Terms are for convenience only and have no legal or contractual effect. Unless otherwise specified in these Terms, they are intended solely for the convenience of the parties and do not confer any rights on any other natural or legal person as a third-party beneficiary.

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