P2P.Surf and its related companies, services and products (herein collectively known as the "Products" or "Services") provide any third party ("User") the ability to host, stream, manipulate, monetize and otherwise manage video content to desktop and mobile devices. Users must read these Terms of Service completely before using any of the Products or Services. A User use of Products or Services shall be considered a binding agreement to be bound by the Terms of Service. If for any reason a User does not accept or agree with any of the terms herein, the User is prohibited from using the Products or Services.
The User Terms of Service are binding upon any User who delivers, hosts or displays Content (as Content is defined below) using the Products or Services by embedding them in its webpages or by any other use of the Products and Services.
The User must abide by the Terms of Service and do not derogate from User's obligations to act at all times pursuant to any applicable law, contractual obligation, terms of service, privacy policies and guidelines of third parties.
"Content" is defined as any content, files (including torrent files), links (including magnet links), video content or any other materials, effects, functionalities, and/or any information, ads, video, sounds, photo, text, graphics, music, images, links to third party sites and/or services, logos and/or any other materials and/or content provided, distributed, hosted and/or displayed by User or anyone on User's behalf, in connection with the Services.
A. This Company reserves the right to modify or update the Terms of Service subject to its sole discretion at any time.
B. Any violation of the Guidelines may lead to suspension or termination of the use of the Service, in the Company's sole discretion and without prior notice.
C. User is strictly prohibited from Use of the Products or Service for any purpose that is prohibited by these Terms of Service.
D. The User is solely responsible for any Content or other material that User posts, uploads, submits, distributes or facilitates distribution of.
E. Prohibited Content includes any Content that
(i) infringes any copyright, trademark, patent, trade secret, right of publicity, or other right of any person or entity,
(ii) is harassing, defamatory, libelous, tortious, offensive, obscene, or violates other industry standards, moral, or ethical norms as determined by the Company in its discretion,
(iii) contains any virus, malicious code, Trojan horse, or other program designed, intended or likely to damage, limit, disrupt, harm or otherwise interfere with the proper and appropriate function of any hardware, software, application, or equipment, or to damage or obtain unauthorized access to any information of the Company or any person or entity, including any data, system, process, or password,
(iv) encourages activity that is illegal, or
(v) falsely implies or suggests sponsorship or endorsement by the Company.
F. The User shall not
(i) interfere with or attempt to interfere with the proper operation of the Products or Services or any activities conducted through the Products or Services,
(ii) analyze the Products or Services through methods such as reverse engineering, disassembling, or deriving source code/algorithms to create any software or service similar to the Products,
(iii) create any derivative work or modification of the Products other than Adaptations permitted by these Terms of Service, or
(iv) license, sell, rent, lease, Distribute, transfer or similarly exploit the Products or Service.
G. The Company may review and delete any Content that, in its sole judgment, violates these Terms of Service or is otherwise objectionable, again in the sole judgment and discretion of the Company.
The User must mandate, ensure and verify that the Content adheres to all intellectual property law, rules, limitations and restrictions that may be applicable, as well as any industry standards, regulations, industry guidelines and other norm that are relevant to the distribution, display or promotion of the Content.
The User is responsible for ensuring that the Content does not violate any third party rights. Specifically, the User will not promote, encourage, engage, or assist, in any manner whatsoever, in infringing activity with respect to any third party's intellectual property rights.
The User is responsible for taking all reasonable steps to ensure that the Service is not misused or abused for such illegal, unlawful or unethical conduct, including, without limitation, restricting end users from submitting, uploading, delivering, hosting, distributing or engaging in any other manner with with content for which they do not have all requisite licenses, rights and permissions.
The User shall not in any manner infringe on the end user's privacy rights, nor should the User ever collect, transmit, disclose, copy, or use an end user's personal identifiable information, in connection with the Products or Services, without the end user's explicit and informed consent.
p2p.surf reserves the right to collect information (hereinafter "Data") about the Products and Services that User uses and how they are used.
Nothing herein either express or implied shall prohibit the Company's use of Data to provide, monitor, analyze or market the Products and Service, nor will the Company be prohibited of using Data for other reasonable business purposes.
User grants the Company a non-exclusive, royalty-free right and license to use its Data in connection with the purposes described above.
The Company does not warrant that the Products and Services will be error-free, or that any errors in the Products and Services will be corrected.
These Terms of Service shall become effective on the earliest date a Product or Service is used by User, and shall remain effective until terminated pursuant to this Section. These Terms of Service are subject to termination by the Company immediately if
(a) User violates any term of these Terms of Service,
(b) the Company has a reasonable basis to believe that User is not following by the spirit of these Terms of Service,
(c) the Company has a reasonable belief that use of the Products by the User is impairing or hindering the Company's business,
(d) User is or becomes engaged in a business that is directly or indirectly competitive with the Company's business, at the Company's sole reasonable discretion.
THESE PRODUCTS/SERVICES ARE, EXCEPT AS OTHERWISE PROVIDED AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, PROVIDED ON AN "AS IS" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS OTHERWISE PROVIDED, USE OF THE PRODUCTS AND SERVICES IS AT User'S OWN RISK. User ASSUMES ALL RISK ASSOCIATED WITH EXERCISING THE RIGHTS GRANTED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, DAMAGE TO DATA, LOSS OF DATA, COMPLIANCE WITH ALL APPLICABLE LAWS, DAMAGE TO OR LOSS OF EQUIPMENT OR PROGRAMS, UNAVAILABILITY OR INTERRUPTION, AND SUITABILITY FOR HOSTING.
EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, THE COMPANY SHALL IN NO EVENT BE LIABLE ON ANY LEGAL THEORY (A) FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING LOSS OF REVENUE, PROFITS OR GOODWILL, (B) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, (C) FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USER, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, OR (D) DIRECT DAMAGES IN EXCESS OF THE TOTAL FEES PAID BY User TO THE COMPANY PURSUANT TO THESE TERMS OF SERVICE.
THIS DISCLAIMER IS APPLICABLE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS ARE INDEPENDENT AND SEVERABLE FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Except as otherwise set forth in these Terms of Service, User will hold harmless, indemnify, and defend the Company from and against all Claims, and for all Losses (inclusive of attorney's fees), that arise or result from Claims, which pertain to any User Adaptation or arise from User's Use, reproduction, Distribution or other exploitation of the Products, in whole or in part.
User consents and agrees to pay all amounts agreed to in a monetary settlement of all of the Claims and all of the Losses that result or arise from the Claims.
Notwithstanding the foregoing, User shall have no duty to indemnify or defend the Company from Claims which primarily allege that the Licensed Program, as provided to User by the Company and used in accordance with the terms hereof, infringes the copyright, patent, or trademark rights of a third party.
These Terms of Service are subject to the Company's published DMCA policy, which is incorporated by reference herein and is currently available at p2p.surf. By using this Website, you consent and agree, and are presumed to have read, the DMCA policy. Any use by Users of Products and Services without agreeing to the Terms of Services and DMCA policies are strictly prohibited.
This License shall be governed by the laws of the Country of Nevis without regard to conflict of laws principles. Any disputes arising under this License shall be heard in the courts located in Nevis, only and User consents to the exclusive jurisdiction thereof.
The Terms of Service constitute the entire agreement between the Company and User with respect to the subject matter hereof. The Terms of Service supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
The Company may modify the terms Terms of Service at its sole discretion. Such modifications shall take effect and be binding on User on the earliest date which they are posted to the Company's publicly available website or delivered to User via electronic, physical delivery or any other means. No one other than the Company has the right to modify or amend these Terms of Service.