SC STREAMARK SRL located in Bucharest, 52 Jean-Louis Calderon Street, District 2, registered in the Bucharest Trade Registry under no. J/40/9227/2005, Fiscal Identification No: RO 17611041 (referred to as “STREAMARK” or “The Company”) owns and manages the Streamport Portal, consisting in www.streamark.tv website and connected native apps (referred to as “Streamport” or the “Website”), a portal through which we present to our users (“Users”) information about the services and products provided by the Company or by Company partners and various information used for advertising the Company and/ or Company partners’ products and services.
NOTICE TO USERS:
BY INSTALLING, ACCESSING AND USING THE STREAMPORT PORTAL OR INSTALLING THE STREAMPORT MOBILE APPS YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Streamport Portal is a universe of streaming platforms, all in one place. Discover and watch your favorite content online.
The www.streamark.tv platform (referred to as “Streamport Portal”) offers to the Users independent video streaming platforms, operated directly by Streamark or by independent operators – Company Partners. Platforms offered inside Streamport Portal are services that allow the users to access vast portfolios of online videos – movies, TV shows, TV series and sports TV shows, and also live TV channels and radio.
STREAMARK has the right to partially or fully change, correct, add and/or remove the Terms and Conditions. The User has to confirm that he read and accepted the Terms and Conditions. If the User didn’t accept the Terms and Conditions, he should stop using this Website. Any change will be displayed on www.streamark.tv. The Users will be notified through emails, in-app communication or by posting on the Website when major changes are made. By using the content from the Streamport Portal the User confirms that he is up to date with the most recent rules. These rules are available starting with the 1st of January 2019.
Certain terms from this document have a specific technical meaning. For a better understanding of this document, the technical terms are explained below:
“Mobile Application” or “Application” means the software program owned by Streamark SRL and through which streaming platforms/ the media content is provided and which is available on various platforms such as iOS, Android, Windows, etc.
“Streamport Portal” is a store-like platform offering access to independent video and audio Streaming Platforms.
“Streaming Platforms” means independent platforms offered inside Streamport Portal, and operated either by Streamark directly or by independent operators – Company Partners.
“Company Partners” means the operators of the independent platforms offered inside Streamport Portal, and can be either Streamark SRL directly or other independent operators.
“Media Content” or “Content” - means all texts, graphics, images, music, software, audio, video, information or any other materials available on Streamport Portal and inside the independent streaming platforms offered inside Streamport.
“Devices” means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with the Internet Services
“Streamport Portal” means the website, the applications and any present and future means and modes to offer Services.
“Internet Services” means the internet services provided by telecom companies and internet service providers.
“Live TV Channel” means streaming of television channels with 5 to 10 seconds delay as per industry norms.
“Services” means the Content provided by STREAMARK or by Company Partners via Streamport Portal.
“Site” means and includes the Streamport website, i.e. www.streamark.tv or any other future variations/domains.
“Subscription Package” or “Subscription” means a combination of one or multiple Live TV channels, TV shows, movies, music or any other information or entertainment Content priced at a specific amount and with a limited availability, decided by the operators of each of the platforms offered in Streamport Portal at their sole discretion.
If you are under 12 years old, please do not use the Streamport Portal without adult supervision. If you are between 12 years to 18 years old, you may use the Streamport Portal only if you have the consent of your parent or legal guardian. Parenting control, where provided, should be used to restrict unwanted viewing. By accepting the “Terms and Conditions” and/or by downloading and/or installing and/or using the Streamport Portal, you represent and warrant that you are 12 years or older and you have taken consent from your parent or legal guardian, if you are between 12 years to 18 years old.
You will be solely responsible for obtaining and maintaining the Device and Internet Service(s) needed in order to access and use the Streamport Portal and the included Streaming Platforms and paying for all such charges in relation thereto.
You have the right to access the Site or download the Application on your Device(s). The download procedure of the Application shall be subject to the specific technical characteristics of your Device(s)’ operating system. You need to have an active internet connection on the Device(s) for the download to begin and complete. STREAMARK is not be responsible in case of any fluctuation in the internet connection speed leading to corrupt Application file download. Your Device has to be connected to internet to access the Streamport Portal. You will be charged separately for the internet connection and the charges will depend on your contract with the internet provider. STREAMARK will not be held responsible in case of any issues pertaining to the applicable data/ internet charges. STREAMARK will not be responsible or liable to you for the interruption, disruption or deactivation of the internet. STREAMARK may, at its sole discretion, make bug fixes and updates for the installed Application.
In order to use platforms offered inside the Streamport Portal, you must register yourself as a member of each of them. Registration procedures and policies are independently valid for each platform, and comply with their specific terms and conditions available on each. Access to Streamport Portal is free, and does not require the registration of an account.
STREAMARK can legally collect certain information about the User, as long as he uses the Streamport Portal (i.e. information regarding his devices, the internet provider etc.). By accepting these Terms and Conditions the User confirms that he knows that according to the Romanian Law 677/2001 and the similar international laws (where available), he has the right to access and modify his personal data, the right to be subject to an individual decision, the right to address the Court.
You are responsible for safeguarding your password and for all transactions undertaken using your username and password inside the independent platforms offered in the Streamport Portal. By accepting these Terms and Conditions you agree not to disclose your passwords to any third party and to take sole responsibility for any activities or actions under your accounts, whether or not you have authorized such activities or actions.
It is your responsibility to change your password immediately if you believe that your password has been compromised. STREAMARK will not be responsible for any financial loss, inconvenience or moral damages resulting from misuse of your username and password in any circumstances.
You will be solely responsible to subscribe for the Subscription Packages made available by STREAMARK or by Company Partners inside the Streamport Portal’s platforms, every time is necessary. The Subscription Packages are subject to additional terms specified by every platform offered inside Streamport Portal every time is necessary.
You will be responsible for making online payments by purchasing subscription packages and/or services and to choose the term of the subscription package, the necessary payments may include, but are not limited to online payments through your credit card or debit card or net banking account or cash card or via any other mode available for making payments through mediums as authorized in your territory, for usage of the platforms included in the Streamport Portal. STREAMARK will not be held responsible if the user is unable to access in time the Live TV channels, because of the normal expiration of the Subscription Package.
STREAMARK, at its sole discretion, has the right to modify or cancel the Streamport Portal or any of the included offered streaming platforms, with or without notice, in that case STREAMARK will not be held responsible by you or any third party in any way. Moreover, STREAMARK has the right, at any moment, with or without a notification and without obligation, to replace or remove platforms inside Streamport Portal.
By agreeing to these Terms and Conditions, you agree that you know and are up to date with the fact that the Content retransmitted by the platforms included in the Streamport Portal as part of the Services is provided by Company Partners and that the availability and content is outside STREAMARK’s direct control. Additionally, STREAMARK has the right to, but not the obligation to refrain from allowing the retransmitting of any Content, if this is a national security matter or in the event of an emergency/war or any similar situation or if the Content has an anti-national characteristic, promotes political/religious propaganda, is against the public order or its distribution falls under any applicable laws or if STREAMARK determines that the Content is unacceptable, obscene or pejorative to any person or class of persons, hurts the religious feelings of any religious group or infringes the privacy rights of any individual or is not in the interest of the Streamport users or the general public. Any complains in this regard can be followed directly to firstname.lastname@example.org support team.
The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode offered by the platforms inside Streamport Portal could be available for selected credit cards, debit cards, net banking accounts and cash cards only.
When using a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, you must use your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that you are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, you may be directed to the payment gateway page. The payment gateway may redirect you to other website(s) maintained or controlled by third parties and STREAMARK does not control such third party website(s) and hence are not responsible for any transactions on such website(s).
STREAMARK will not be liable for any credit card or debit card or net banking or cash card fraud and STREAMARK will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to your bank who has issued such credit card or debit card or net banking account or cash card. STREAMARK shall not be responsible for all or any dispute or difference relating to online payment made by you through credit card or debit card or net banking account or cash card or via any other mode available. Further, STREAMARK will not be responsible for any financial loss, inconvenience or moral damages resulting from misuse of your credit card or debit card or net banking account number or cash card and other details.
Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances.
STREAMARK would not be held responsible for hindrances in the access and use of the Streamport Portal due to permanent or temporary geographical changes in your location, outside the coverage area.
The Streamport Portal will only read cookies from your cookie file placed there through your web browser's interaction with the streamark.tv website.
TRADEMARKS, OWNERSHIP AND COPYRIGHTS:
The Content on the Streamport Portal and the “Streamport” trademark, as well as certain other of the names, logos, and materials displayed on or through the Streamport Portal that constitute trademarks, trade-names, service marks and logos ("Marks") are owned by or licensed to STREAMARK and the Partner Companies and are subject to copyright, trademark and other intellectual property rights under Romanian and/or international laws.
By accessing the Streamport Portal you agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Streamport Portal or any portion of the Streamport Portal, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by STREAMARK and its applicable licensors. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by STREAMARK and its applicable licensors. You must abide by all copyright notices, information and restrictions contained in or associated with any Content. You must not remove, alter, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content. The use of any of the items listed above without obtaining prior authorization by the holders of the law is punishable under the current law.
The Streamport Content CANNOT be reproduced, modified, transferred, distributed, republished, copied or transited in any form, including electronic form, without express permission, in writing, granted by STREAMARK at an earlier stage of the above.
Users who observe breaches of these rules on the Site, are kindly requested to inform us by e-mail: email@example.com.
Subject to the Terms and Conditions of these TERMS, STREAMARK hereby grants to you a personal, limited, non-sub licensable, non-exclusive, non-transferable license to use the Streamport Portal for personal use only on the permitted number of devices as mentioned in the TERMS owned, leased and/or controlled by you. Even though Streamport Portal may be provided on supports of different media formats, these are subject to the same rules and restrictions.
It is hereby clarified that Streamport Portal is provided only for your personal, non-commercial use. You must not rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Streamport services. You shall not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Streamport Portal except as expressly permitted by these TERMS. You shall only use the Streamport Portal on Devices that are under your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of the Streamport Portal, either directly or via any facility management, timesharing, service bureau or any other arrangement. You shall not use the Streamport Portal as part of a facility management, timesharing or service bureau arrangement. All rights not expressly set forth hereunder are reserved exclusively by STREAMARK.
Your right to use the Streamport Portal shall automatically terminate if the User violates these TERMS or any terms, rules or guidelines posted in connection with the Streamport Portal. STREAMARK reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of the Streamport Portal, with or without notice.
You may discontinue your participation in and access to the Streamport Portal at any time. By accessing the Site, you acknowledge that you agree that upon suspension or termination, no amount shall be refunded to you by STREAMARK under any circumstances.
USER ACCOUNT DEACTIVATION:
No accounts are created or maintained at the Streamport Portal level. To disable the account inside a platform offered in Streamport Portal, the User must comply with the general and specific terms and conditions of the Streamport portal and of the respective platform.
COMPLAINTS AND CONDITIONS FOR REIMBURSEMENT:
The User must comply with the general and specific terms and conditions of the respective platform where the payment is done. The user also has the right to file a complaint directly to Streamport team for assistance, if the erroneous purchase of the subscription package or purchased Content are not consistent with the description listed on the Site or if due to technical problems (availability Platform, defective Content) is not able to watch the purchased Content. This complaint must be submitted in writing via email to firstname.lastname@example.org, within 72 hours since the problem occurred.
The platforms inside Streamport Portal might allow the Users to comment the Content, as long as they do not violate the Terms and Conditions and the specific rules for annotating that Content. These comments should be within the limits of the common sense and should not have an abusive, vulgar, threatening, racist character or in any way offensive to other people. Also, comments should not contain advertisements of any products or services or links to sites that offer the possibility of accessing illegal material protected by copyrights. Streamport has the right to monitor the communication services and remove the Content deemed inappropriate and remove access without prior notice for breaching the conditions listed above. However, the responsibility of the comments posted under an account name lies with the user who posted the comment.
Registered users on platforms included in Streamport Portal can occasionally receive notifications from the Site. If the user does not wish to receive such messages he/she can notify Streamport at email@example.com.
STREAMARK welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Streamport Portal ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org. By accessing the Site, you acknowledge and agree that all Feedback will be the sole and exclusive property of STREAMARK and you hereby irrevocably assign to STREAMARK all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights therein.
SUBCRIPTIONS AND PAYMENT METHODS:
Users can subscribe to services inside the platforms offered in Streamport Portal, complying with the terms and conditions of each of the said subscription packages.
The Subscription Payment can be made using PayPal or other payment gateways available in the territory. As an alternative, depending on the availability, the payment can be also made directly, through the Apple/ Google Stores.
When paying with PayPal, the User is directed to his personal PayPal account, where he will make the transaction. To use this method, the User must have a valid PayPal account when purchasing the subscription. PayPal payments are operated independently by the operators of the platforms included in Streamport Portal.
Payment through the app stores:
The Subscription Payment is done via App Store and Google Play Store and are recurrent payments. App Store and Google Play Store payments are operated by Streamark and allocated automatically to each of the platforms they are intended to. The prices may vary depending on the country.
The Streamport Portal may contain links to third party websites or resources. You acknowledge and agree that STREAMARK is not responsible or liable for:
the availability or accuracy of such websites or resources; or
the Content, products or Services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by STREAMARK of such websites or resources or the Content, products or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF ROMANIA, THE STREAMPORT PORTAL IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING THE STREAMPORT PORTAL TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE STREAMPORT PORTAL. WITHOUT LIMITING THE FOREGOING PROVISIONS, STREAMARK MAKES NO WARRANTY THAT THE STREAMPORT PORTAL WILL BE ERROR-FREE, VIRUS FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE STREAMPORT PORTAL WILL SATISFY YOUR SPECIFIC REQUIREMENTS. YOU UNDERSTAND THAT THE STREAMPORT PORTAL CAN BE BLOCKED OR MADE INOPERABLE FOR ANY OF THE SERVICES. STREAMARK ASSUMES NO RESPONSIBILITY IF THE STREAMPORT PORTAL IS BLOCKED OR OTHERWISE UNABLE TO INTEROPERATE FOR THE SERVICES. THE STREAMPORT PORTAL IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE STREAMPORT PORTAL COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). STREAMARK EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STREAMARK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTY/PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM:
(A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER SUBMISSIONS, FEEDBACK OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST OR TRANSMIT ON OR THROUGH THE STREAMPORT PORTAL;
(B) YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE STREAMPORT PORTAL;
(C) YOUR (OR ANYONE USING YOUR ACCOUNT) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL STREAMARK BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE STREAMPORT PORTAL, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY STREAMARK AND EVEN IF STREAMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STREAMARK BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR THE STREAMPORT PORTAL. THIS LIMITATION OF LIABILITY SHALL APPLY WITHIN THE APPLICABLE LAWS, BUT NOT TO THE EXTENT THAT THE APPLICABLE LAW PROHIBITS SUCH LIMITATION.
THE INFORMATION AND MATERIALS PUBLISHED ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND THEY DO NOT REPRESENT AN OFFER TO CONTRACT YOU OUT AND DO NOT GENERATE ANY CONTRACTUAL OBLIGATION WHICH IS THE RESPONSIBILITY OF STREAMARK.
STREAMARK is a company based in Romania. STREAMARK’s goal is to bring to you as much Content as is legally available in the form of independent platforms offered in Streamport Portal. That said, STREAMARK is limited by the rights that STREAMARK’s content licensors grant to STREAMARK and to the Company Partners. Using technologies to access the Content from territories where STREAMARK and Company Partners do not have rights or do not offer services is prohibited. By availing the Services of the Streamport Portal, you hereby acknowledge that STREAMARK is not responsible or liable in any manner to comply with any local laws of your territory except Romania with respect to provision of the Services. Further, you hereby agree that by usage of the Streamport Portal, you undertake the responsibility and liability with respect to availing the Services of the Streamport Portal in your territory.
You agree to comply fully with all Romanian export laws and regulations to ensure that the Streamport Portal and its Content are not exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations.
You agree that any component of the Streamport Portal is provided to you as "Confidential Information”. You shall retain all Confidential Information in strict confidence at least with the same amount of diligence that you exercise in preserving the secrecy of your most-valuable information.
These TERMS are personal to you and you shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without STREAMARK's prior written consent. Any attempt by you to assign or transfer these TERMS, without such written consent, will be null and of no effect. STREAMARK may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
If you believe that the Content or any other component of the Streamport Portal infringes your copyright or in violation with applicable laws of your jurisdiction, you must promptly notify STREAMARK. Any notices or other communications permitted or required hereunder will be in writing and given to STREAMARK at email@example.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
LAWS AND DISPUTES:
These TERMS and all matters arising from it are governed by and construed in accordance with the laws of Romania. The courts of Romania shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.
MODIFICATION OF TERMS:
STREAMARK reserves the right, at its sole discretion, to may modify the TERMS from time to time (“Updated Terms”). The Updated Terms shall be effective immediately. You are responsible for reviewing any Updated Terms before using the Streamport Portal. By continuing to use the Streamport Portal after the Updated Terms have been posted, you affirm your agreement to the Updated Terms.
Streamark SRL, operator of Streamport Portal, is registered in the A.N.S.P.D.C.P. (Data Protection Agency) under no. 38877.
Last updated: 1st of January 2019