General Terms and Conditions

The present General Terms and Conditions are effective from 30 August 2020.

These General Terms and Conditions cover the Stremio owned and operated websites located at www.strem.io and www.stremio.com and our platform provided by Stremio (the “Platform”), including our mobile applications (“Apps” or “App”), and any services offered by Stremio (collectively, the “Services”).

1. Basic concepts

For the purposes of these General Terms and Conditions (“GTC”) the terms below shall have the following meaning:

1.1. "Provider" - is the operator of the Services, namely: Smart Code OOD, a limited liability company incorporated and existing under the laws of the Republic of Bulgaria, with its registered office at Sofia, 71, Vladayska str., fl. 4, office 3, registered with the Commercial register at the Registry Agency under unified identification code 203358507.

1.2. "Stremio" is the Provider's software product, which Users may access through the websites www.strem.io and www.stremio.com or might be downloaded directly including but not limited to from the app-stores for iOS and Android and the use of which requires installation. Stremio is a metadata catalogue and platform for streaming of official audio and video content, available to the public.

1.3. "Addon" is a software product, which allows content to be uploaded, stored on and/or accessed through Stremio. The Addons add to Stremio metadata and grant access to Streamable Content, subtitles and other data. The “Official Addons” are developed by the Provider and are automatically accessible for the Users of Stremio, whereas “Community Addons” are developed by independent third-party developers through the use of an open-source SDK / protocol ( https://github.com/Stremio/stremio-addon-sdk) and Users must manually install them. The Community Addons are accessible for manual installation once the independent developer publishes the Community Addon.

1.4. "Library" is a functionality of Stremio, allowing Users to store and keep Content Information selected by them. For the avoidance of any doubt, the Library maintained by Registered Users in their profile represents their User Content and is a personal catalogue of Content Information of their choice.

1.5. "User Content" is the Content Information which is selected, arranged and/or organized in the Library by each Registered User. The User Content does not include Streamable Content but only Content Information, arranged according to the preferences of the Registered User.

1.6. "Streamable Content" is audio and visual content, available for streaming by using Stremio.

1.7. "Information about the streamable content" or "Content Information" is information relating to certain audio-visual content, representing film, TV series, TV shows and other content, in the form of metadata relating to such audio-visual content, available through Stremio. For the avoidance of any doubt, the Content Information relating to the Streamable Content does not represent the content itself.

1.8. "Database" is the compilation and arrangement of metadata relating to the Content Information, which is compiled by the Provider and it is the sole owner of all intellectual property rights that subsist in the Database.

1.9. "User" means any natural person who acts in full legal capacity, for the territory of Bulgaria this is 18 years old, who accesses the Services. Users can access in Guest mode or as Registered User. .

1.10. "Registered User" or “You” means any User who has successfully completed the registration procedure for the use of Stremio, thereby having created a profile with a unique username and password.

2. General Provisions

2.1. These GTC are binding for each User who accesses, uses or downloads Stremio in whatever means possible regardless of whether he/she becomes a Registered User or not. Any use of the Services by a User is carried out in strict compliance with and under the implementation of the GTC and the applicable law. If the User disagrees with any of the conditions mentioned here, he/she shall not use Stremio nor any of the Services offered.

2.2. The Provider reserves its right to amend these GTC at any time. The new version of the GTC becomes effective from the day it is announced publicly on our Services unless stated otherwise. If Users do not agree to the changes in the GTC, they can contact the Provider at the following address [email protected] for further assistance. Each time you use our Services, the current version of these GTC will apply. These GTC are accessible within our Sites and App at https://www.stremio.com/tos. Accordingly, when you use any of our Services, you should check the date of these GTC (which appears at the top) and review any changes since you last reviewed the GTC.

3. Registration

3.1. The scope of Services available to Registered Users and Users in Guest mode varies and is dependent only upon the Provider’s sole discretion. Through your profile You can, among other things, use various Services that are not available to Users in Guest mode, for example storing, arranging, selecting, deselecting and removing User Content from Your Library, updating and modifying personal data in your Profile or choosing to cancel your registration for Stremio.

3.2. In order to complete a registration and create a profile, the User has to access the Websites and/or to download and install Stremio on his/her device and then fill in the electronic registration form thereof.

3.2.1. In the electronic form the User has to fill in the appropriate fields relating to username, password and press the button "I understand and agree with the terms and conditions of Stremio".

3.3. You assure that the data provided in the registration process is true, complete, accurate and not misleading and any content imported and/or shared from your Device is not infringing any intellectual property rights.

3.4. You agree neither to disclose your username and password to any third parties, nor to use the username or password of another Registered User. You are solely responsible to protect the confidentiality of your password and username. The Provider and its employees assume no responsibility if your username or password is used by another User/s.

3.5. You may use the “Local files” addon, by means of which, You can watch Your own local Streamable Content within Stremio. Your files, accessed by this function, will not be available to any other Users and will be stored solely on Your own Device

4. Rights and Obligations of the Community Addon Developers (“CAD”)

The Provider is not liable for hosting, storing, developing, maintaining or monitoring the content available for the Users through the Community Addons.

4.1. Without the respective right holder's prior explicit written consent, Community Addon Developers (“CAD”) (also falling within the definition of Users) may not stream, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise commercially use Streamable Content, however excluding the content the rights pertaining to which they own. For the avoidance of any doubt, CAD are also Users within the meaning of the present Terms and Conditions are subject to the Users’ obligations, prescribed herein.

4.2. CAD may make Streamable Content and Content Information that is stored on their Devices, online or cloud hosting servers, etc. available through Stremio for other Users by development and provision of Community Addons. CAD are solely responsible for such content, for its legality and the consequences of its publication and its use on and through Stremio. CAD shall further comply with Section 7 of the present GTC - “Intellectual Property”.

5. Rights and Obligations of Users

Users on Stremio can be registered (including CAD) or not. Please bear in mind that the Provider cannot technically suspend access to guest mode accounts due to the fact they are not registered. However, all Users are requested to execute the below-mentioned rights and obligations in good faith.

5.1. Users may access the Streamable Content and the Content Information available through Stremio provided they comply with the rights and obligations that arise for them in Section 7 of the present GTC - “Intellectual Property”.

5.2. Users agree that the Provider reserves its right to update and/or delete the Content Information in its sole discretion according to the provisions of the present GTC.

5.3. Users may access all Streamable Content and Content Information through Stremio, which access is allowed only for the purpose of using the Services on Stremio.

5.4. Users undertake not to use Stremio for:

5.4.1. monitoring, copying or extracting any information from Stremio, including its contents, graphic user interface or Database whether done mechanically or by automated means which is considered intellectual property of the Provider according to section 7 of the present GTC - “Intellectual Property”.

5.4.2. any other purpose or in ways that are non-compliant with Bulgarian law or to the extent the use occurs outside Bulgaria - non-compliant with the relevant local legislation.

5.5. Users may, at any time and in their sole discretion, terminate the use of the Services by canceling the use of Stremio, including by canceling their registration. Their contract with the Provider is deemed terminated as of the date of the registration cancellation and the Provider will terminate the access to the User’s profile. Further, Users agree that the Provider has the right, but not the obligation to terminate their access to any and all Content Information and/or Streamable Content.

6. Rights and obligations of the Provider

6.1. The Provider shall take due care to enable normal use of the Services.

6.2. The Provider does not guarantee that:

6.2.1. the access to the Services will always be uninterrupted, unlimited and/or seamless.

6.2.2. any data or content, including Content Information and User Content, is complete, accurate, true and without error. In this regard, the Provider shall not be liable in the event that the information contained in Stremio is not correct or accurate at any given time, and where as a result of such incorrect or inaccurate information third parties have suffered damages and/or lost profits.

6.3. Users agree to take care of any technical equipment and Internet connectivity that may be necessary for access to the Services. The Provider shall not be responsible for any technical problems and malfunction, depriving the Users from the use of the granted Services, caused by the operation of their equipment (hardware or software problem, a problem with the Internet connection, etc.).

6.4. The Provider may in its sole discretion and without sending a warning or notice, to suspend the Users access to the Services, to certain functionalities or to the User Content, where the latter is or might be in conflict with these GTC and/or any applicable law, and/or any rules of morality and decency or any other peremptory standards.

6.5. The Provider is under no obligation to keep or restore User Content, Content Information or other information relating to Streamable Content, which either the User, another User or any third party (including the Provider), no matter why, have deleted.

6.6. The Provider has the right to make certain non-personalized publications on Stremio and the Website, including in the Registered Users’ profiles, such as hyperlinks, banners and other forms of advertising for products and services offered either by the Provider or by third parties, as well as hyperlinks and banner ads linking to websites outside the Provider's control. Users agree and acknowledge that the Provider is not responsible for the content, accuracy and legality of such websites, services or resources that are made available to Users in this way, and the content, accuracy and legality of the information contained in any Commercial Communications sent to and received by the Users.

6.7. The Provider is not responsible for the Content Information which Registered Users have added to the Library. The content in the Library represents their personal choice.

7. Intellectual Property

Intellectual Property Rights and Obligations of CAD

7.1. For the avoidance of any doubt, CAD represent and warrant to the Provider that they own all intellectual property rights or the rights to use the Streamable Content and to add Content Information to Stremio, and that they have obtained all necessary licenses, consents, permits and approvals for their reproduction and use in Stremio for the purpose of these GTC, including to make it available to any third parties on Stremio in a manner allowing them access to the content from a place and at a time individually chosen by them. In addition, they guarantee that they have obtained the consent of the copyright holders, if any, of Content Information and Streamable Content made available by them with respect to its use, distribution and reproduction through Stremio. CAD undertake neither to add to, nor to make available to Users Content Information or Streamable Content on Stremio in a way that is contrary to the Bulgarian legislation, the applicable foreign laws, these GTC, the Internet ethics and to any rules of morality.

7.2. By adding Content Information and making accessible Streamable Audio-visual Content on Stremio, CAD agree and grant to all other Users, a non-exclusive right to use and access the content for non-commercial use by using the Services of Stremio, free of charge within the scope of their own license. CAD could impose territorial restrictions in the license at their own discretion. The right granted in the preceding paragraph shall last for the time period during which the said Content Information and/or Streamable Content remains available through Stremio for a reasonable time after its removal or deletion. In case CAD are no longer entitled to use the content as specified in this section 7.1, they undertake to cease the access of the Users to the Content Information and to the Streamable Content immediately after receiving a notice that they have been deprived from the rights in question.

7.3. CAD retain their rights (intellectual property rights or rights to use) to their content upon making it available in Stremio.

7.4. CAD agree that once they delete the Content Information or the Streamable Content previously made available on Stremio, Registered Users who have acquired access to it before the deletion may still have such access.

Intellectual Property Rights and Obligations of the Users

7.5. By using the Services hereunder Users have access to information about various contents which are subject to the copyright of third parties. Users acknowledge that their access to this information serves the sole purpose to use the granted Services in accordance with these GTC for personal, non-commercial use only and are granted no right to copy, store, reproduce, modify, adapt, and to attempt any of those acts to the content accessed and used, except when they share their activities on Stremio relating to a particular content or on social networks (such as Facebook, Google+, Twitter, e-mail, etc.).

7.6. Users may, by means of the sharing function relating to the Internet or to social media networks (such as Facebook, Google+, Pinterest, Twitter, e-mail, etc.), share Content Information of their choice. When using this function, Users may not distribute Content Information or any content otherwise explored through the Services for any commercial purposes.

7.7. Users agree that the Provider has no objective means and hence, no obligation to control the way in which they use the Content Information and/or the Streamable Content and bears no responsibility whatsoever for such use.

Intellectual Property Rights and Obligations of the Provider

7.8. The Provider is not responsible for the Content Information, nor for the Streamable Content, and their compliance with the applicable law and whether their availability and distribution in Stremio affects or may affect the rights of any third parties (including intellectual property rights, personal rights, other property rights, etc.). The Provider assumes no obligation to review, monitor, control or examine the Content Information, and/or the Streamable Content, for compliance with the applicable law and these GTC. The Provider is not responsible for any content or information that is stored, streamed, conveyed or published through Stremio. The Provider has no obligation to actively seek facts or circumstances, indicating illegal activity carried out by any of the Users or CAD through the use of the Services and resulting in any violations of the applicable laws or these GTC.

7.9. However, if the Provider obtains knowledge of the unlawful nature of those data or of that User’s activities, the Provider shall act expeditiously to remove or to disable access to the data concerned and/or to disable the access to a profile, terminate the User’s registration and to delete their Library and User Content without prior notice. The Provider has the right to remove or restrict access to any Addons in it’s own discretion in case it has reason to believe that the said Addon infringes any intellectual property right without examining the circumstances in question. The Provider is not liable for any damages and/or lost profits resulting from the removal or the restriction of the access to any content or profile available through Stremio. Should the Provider consider that any data is contrary to the applicable legislation, these GTC or the rights and legitimate interests of third parties, the Provider will suspend, restrict or amend the Services provided to Users, and will notify the right holders and the competent authorities in case the User’s behavior and/or use of the Services is likely to constitute a criminal or administrative offence, if the Provider reasonably believes that the behavior of the User violates any provisions of the applicable legislation, these GTC or the rights and legitimate interests of third parties.

7.10. The websites and applications belong to and are operated by the Provider. Each component of the websites and applications and the layout itself, including but not limited to Database, logos, trademarks, domain names, etc. which appear in any way on the websites or applications, are protected by the current laws with subject intellectual property. Therefore, they belong strictly and solely to the Provider and the use of any component is subject to prior authorisation. None of the above-mentioned components included on the Website and Platform can be reproduced, copied, edited, transmitted, downloaded or distributed in any way without the prior written consent of the Provider.

7.11. Section 7.10. above does not in any way exclude or interfere with the rights granted according to the present section. Stremio is released under the open-source free software GPL. Under this license other developers have the right to use, copy, modify and distribute the source code of Stremio for any purpose under the GNU General Public License as published by the Free Software Foundation. The license requires preservation of the copyright and license notice of the software. The Provider is not liable in any way for the diffusion and public access to the amended/modified by other developers source code files.

8. Limitation of Provider's Liability

8.1. The Provider is not responsible for the Content Information, the Streamable Audio-visual Content, as well as for the activities of the Users and/or the CAD in connection with the Services. Furthermore, the Provider is not responsible for any damages and/or lost profits caused to the Users, including but not limited to CAD upon access to or use of such content available through Stremio.

8.2. The Provider is not liable for its failure to provide the Services due to circumstances beyond the Provider's control, including but not limited to cases of force majeure, fortuitous events, problems in the network, or circumstances arising out of problems with the Users’ equipment and in case of unauthorized third party access or intervention to the functioning of Stremio.

8.3. The Provider is not liable to Users, including but not limited to CAD or to any third party for damages and/or lost profits incurred due to the use, availability, termination, suspension, modification or limitation of the Services, deletion, modification, loss, inaccuracies or incompleteness of the information used or made available through Stremio.

9. Indemnification

9.1. The Provider shall not be liable for any direct or indirect damages and/or lost profits sustained by Users or any third parties as a consequence of the suspension, modification or limitation of the Services, the termination of the contract or the provision of information to or the execution of orders of the competent authorities when such are result of the compliance with the provisions of the applicable laws and/or the present GTC.

9.2. Users, including but not limited to CAD, agree to fully indemnify the Provider and any third parties for any direct or indirect damage and/or lost profit sustained as a result of claims by and/or compensations paid to third parties in connection with content that Users, including but not limited to CAD have made available to third parties or made available through use of the Services in violation of the applicable laws, these GTC or rules of morality and decency, as well as in connection with any other violations of their obligations hereunder.

9.3.The obligations of all parties under this section 9 will survive the validity of any registration and will continue to have effect after termination of each and every contract (i.e. the use of the Services) with the Provider and after potential future termination of the Services for the maximum time allowed under the applicable legislation.

10. Other conditions

10.1. If any provision of the GTC is declared void, invalid or unenforceable, the other provisions of the GTC and the rights and obligations of Users, Registered Users, CAD and the Provider arising therefrom, shall remain in full force and effect. Any provisions, declared void, contestable or unenforceable will be deemed not to have been part of these GTC and will be replaced by mandatory rules of law, practice and customs.

10.2. Any disputes not addressed in these GTC, shall be resolved under the provisions of the legislation of the Republic of Bulgaria.

10.3. In case of disputes arising under the GTC, including disputes regarding their existence or non-existence, implementation, validity or termination, the parties will make all reasonable efforts to resolve them amicably through negotiations and mutual concessions. In case the parties fail to reach an agreement within one month of the occurrence of a dispute, the dispute should be referred for resolution to the competent Bulgarian court.