Free trial service agreement
1. Purpose
1.1. MainStreaming S.p.A. (“MainStreaming”) works in the “video hosting” and “live streaming” sector and provides its services exclusively to professionals and entrepreneurs to help them carry out their business activities. 1.2. MainStreaming gives its potential customers the possibility to use its intelligent Media Delivery Platform’s (iMDP)services as trial (15 days free usage). Its technical and economic characteristics are described at www.mainstreaming.tv (“platform overview”) 1.3. The Customer is interested in trying for free one or more services and reserves the right to buy them at the end of the 15 days trial period.
2. Customer’s Declarations
2.1. With the activation of the Free Trial Service, the Customer declares and guarantees that is provided with: i) the authorizations, administrative licenses, copyright license to use the contents which will be delivered to the Final Users(viewers) through MainStreaming’s Free Trial Service; ii) The certifications and permits necessary for carrying out business activities; iii) The instruments and assets necessary for using the Service to deliver content to the Final Users; iv) Internal protection and control measures to prevent anyone from using the Service for illegal and/or contrary to public order and/or morality purpose.
3. Terms and Conditions
3.1. Customers may activate the Trial Services by using their credentials (“User ID” and “password”). In case of failure of the email/account verification, MainStreaming shall not be required in any way to provide the Free Trial Services requested. 3.2. The customer will be responsible for any content uploaded using the Service and authorizes MainStreaming to remove all content at the end of 15 days trial period. 3.3. MainStreaming shall be entitled to suspend the provision of the Free Trial Service at any time and without prior notice. In this respect, the Customer: i) henceforth waives all claims against MainStreaming, for any damages that the Customer may suffer as a consequence of the above suspension; ii) undertakes to indemnify and hold MainStreaming harmless against any claim brought against the latter by any third party in relation to the suspension of the Trial Services, if any.
4. Customer’s Obligations
4.1. The Customer undertakes to indemnify and hold MainStreaming harmless against any claim brought against the latter by any third party, resulting from: i) the illegal and/or improper use of the Services and/or Equipment by the Customer and/or third parties; ii) dysfunctions and/or malfunctioning of any kind and/or failure of the Customer’s Equipment and/or instruments and/or maintenance carried out on them; iii) failure to use and/or inadequate use of suitable protection and/or security measures by the Customer; iv) damages to the network used for providing the Trial Services; v) temporary or definitive suspension of the Trial Services. 4.2. The Customer is exclusively liable for the contents transmitted through the Services to the Final Users. In this regard, the Customer undertakes specific measures – also pursuant to art. 1381 of the Italian Civil Code – to prevent that content is disclosed by the Final Users and/or by its employees and/or collaborators and/or suppliers which may, in any way, harm and/or damage MainStreaming and/or third parties. In this regard, the Customer: i) henceforth waives all claims against MainStreaming, for any damages that the Customer may suffer as a consequence of the breach of this obligation; ii) undertakes to indemnify and hold MainStreaming harmless against any claim brought against the latter by any third party in relation to any breach of this obligation.
5. Limitation of Liability
5.1. MainStreaming shall in no way be held liable by vis-à-vis the Customer and/or third parties for pecuniary and non-pecuniary damages, whether direct and/or indirect, associated with suspensions and/or interruptions and/or malfunctioning of the Services and/or failure to activate and/or provide the Trial Services, which are due to: i) intentional or negligent acts or omissions by the Customer and/or third parties; ii) unavailable communication services and sources of electricity, for reasons depending on the operators and providers of communication services and/or electricity; iii) fortuitous events; iv) force majeure; v) measures taken by the Public Administration and/or Judicial Authority and/or factum principis.
