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 intends to offer to its own customers the possibility to use for free (15 days trial) the service called Cloud Platform which has technical and economic characteristics described at www.mainstreaming.tv (“Services”) and which the Customer declares to know and accept..
1.3. The Customer is interested in trying for free one or more Services and reserves the right to buy these ones at the end of the 15 days trial period, become effective from Services activation.
2.1. With the activation of Trial Services, the Customer declares and guarantees that it is provided with: i) the authorisations, administrative licences, certifications and permits necessary for carrying out its business activities, for which it intends to use the Services, and also that it holds a copyright licence to use the contents which will be transmitted to the Final Users through the Services; ii) its own instruments suitable for using the Services and for subsequently providing services to the Final Users; iii) internal protection and control measures, suitable for preventing use by any person of the Services for purposes that are illegal and/or contrary to public order and/or morality.
3.1. Customers may activate the Trial Services by using their credentials (“User ID” and “password”). In case of absence or failure in the email/account verification, MainStreaming shall not be required in any way to provide the Trial Services requested.
3.2. The customer will be responsible for any contents uploaded using Services and authorize until now MainStreaming to remove all contents at the end of 15 days trial period.
3.3. MainStreaming shall be entitled to suspend the provision of the Trial Services 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.
4.1. 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 requested to the Final Users. In this regard, the Customer undertakes – 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.
5.1. MainStreaming shall in no way be held liable 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.