Application Provision Terms and Conditions
Smile Live Stream


We recommend that you read this document in its entirety, including the Terms and conditions of providing the Smile Live Stream application, before deciding whether you accept them and continue the registration process.

If you do not agree with any of the provisions of the Terms and Conditions, please do not access, browse or use the Application.

If at any time after registering on the Application you decide that you no longer agree with the Terms and Conditions, please request account deactivation at contact@smilelive.app

Contents:

  1. Definitions;
    2.
  2. About us;
    3.
  3. How and under what conditions you can use the Smile Live Stream application;
    4.
  4. Processing of personal data;
    5.
  5. The main features of the application and its correct use;
    6.
  6. What you are forbidden to do, as a user of the application;
    7.
  7. Protection of copyright and user-generated content;
    8.
  8. The end of the contract;
    9.

1. Definitions:

    The application – hereinafter referred to as the electronic platform called Smile Live Stream app (or Smile Live Stream).
    User – any physical person who is at least 16 years of age and who accesses the Smile Live Stream application by creating a user account as detailed in these Terms
    Account – main set of login data, consisting of an e-mail address and password (or login with a Facebook account, phone number via SMS code, Gmail account), which allows the user to access the services provided by SMILE LIVE STREAM SRL through the Smile Live Stream app.
    Services provided by the Smile Live Stream app - refers to all the facilities made available to the user through the application, even if some of them are the property of third-party providers vis-à-vis SMILE LIVE STREAM SRL

2. About us

    2.1. SMILE LIVE STREAM SRL, with headquarters in Bucharest, Str. Liviu Rebreanu, No. 46-58, Tronsonul (block) No. Iii, Room 1, Sc.E, Floor 6, Ap. 61, Sector 3, registered at the Office of the Trade Registry next to the Bucharest Court with no. J40/454/2022, CIF 45464132, makes available to you the Smile Live Stream app, hereinafter referred to as the application.

    2.2. Smile Live Stream app is a short - form video live streaming and sharing platform. It is particularly important that you read the terms of service to know the rules that govern the relationship between us, which are an agreement between you and us regarding the terms and conditions under which you can access and use our platform.

3. How and under what conditions you can use the Smile Live Stream app

    3.1. The application can only be used after completing the registration steps, for this the user must fulfill the following: - to be at least 16 years old;
    - to completely complete the mandatory fields of the registration form;
    - to accept these Terms and Conditions;
    - to accept the Personal Data Processing Policy;
    - to accept the Cookie Policy;
    - to validly complete all identification steps.
    - The user's account must not have been previously disabled for violating the law or any of our policies.

    3.2. The user guarantees that all information regarding his identity and capacity, provided in the registration forms in the Application and for the provision of services through the Application are true, correct, accurate and complete. In addition, the user undertakes to keep his personal details updated.

    3.3. When registering in the Application, users must choose their user code and password or log in using one of the application login methods (login via Facebook account, Gmail account, phone number and SMS code). These are strictly confidential, personal and non-transferable.

    3.4. The user undertakes not to divulge the details of the personal account and not to allow access to it to third parties. Users will be solely responsible for any use of these details or the services on the Application that could be made by third parties, including the statements and/or contents entered in the Application or any action carried out by using their user code or access password.

    3.5. The user has the obligation to secure access to his own account opened in the application, especially since unauthorized access to it and/or loss of the phone/device from which the application is accessed and/or failure to secure them could lead to access to the Smile Stream Live app account and of the content of this account, including the uploading of video content by unauthorized persons.

4. Processing of personal data

    4.1. The terms and conditions are completed with the Personal Data Processing Policy and the Cookie Policy.

    4.2. The User accepts and agrees that the Application will transmit the User's personal data to the Third Party Providers if the User intends to access the services offered by them. Voluntary access by the User to Third Party Providers through the Application has the value of an express request and consent to the transmission of data to the latter.

    4.3. The User is recommended to consult the privacy policy of the Third Party Providers.

    4.4.The application does not request or store sensitive personal data such as:
    - ethnic or racial origin;
    - political opinions;
    - religious confession or philosophical beliefs;
    - union membership;
    - genetic data processing;
    - the processing of biometric data for the unique identification of a natural person;
    - the health;
    - sex life or sexual orientation.

5. The main features of the application and its correct use

    5.1. Through the application you can make your own clips, publish and share short videos created by other users and at the same time you can interact with other users.

    5.2. You must be at least 16 years old to use our services.

    5.3. You can use the Smile Live Stream app through the mobile app.

    5.4. So, the Smile Live Stream app allows you to create and share videos, watch videos created by other users and have the ability to interact with them in writing.

      5.4.1. Once an account has been created on the application, the user can record / upload their own videos and is solely responsible for their content (both video and audio / text), including the respect of their copyright

      5.4.2. Also, accepting to use the application even only as a user who only views / listens to the video content uploaded by other users, each individual user assumes the fact that there may be content not yet reported, which they may view / hear and which may affect emotionally

      5.4.3. Each user can complain about the content both through the application and by sending an e-mail to the contact@smilelive.app address, and the deadline for taking over and blocking / solving the situation can be different from case to case, starting from a few minutes, up to in a few days (depends on the severity, the interpretation of the respective audio / video content, etc.)

    5.5. The entire team of the application provider strives to provide the application without significant interruptions by constantly improving its quality. However, the service may be completely or partially unavailable for certain periods of time due to planned or unplanned maintenance outages or technical difficulties.

    5.6. Accessing and using the application implies tacit agreement regarding the acceptance and observance of these Conditions and also regarding the fact that you are at least 16 years old and you will use the application in the spirit of good faith only for the purposes for which it was created.

    5.7. In the event that these Terms and Conditions will be modified as a result of changes in the operation of the application or as a result of legislative changes, notifications may not be sent, but the content of the documentation related to the Terms and Conditions of Use will be adapted as soon as possible.

    5.8. Therefore, we recommend that you regularly consult the Terms and Conditions to check whether such changes have occurred.

    5.9. If you do not agree to these Terms, you must stop accessing or using the Application and close your account.

    5.10. When creating your user account, it is absolutely mandatory that you provide correct and up-to-date information.

    5.11. It is also very important that you keep your account password confidential and do not disclose it to any third party.

    5.12. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately and also change it.

    5.13. We reserve the right to temporarily or permanently suspend access to the Application or impose certain limitations if we have reasonable grounds to believe that you are violating the terms of these Terms or any applicable laws or regulations;

    5.14. The application interface as well as all the information posted on it are the property of SMILE LIVE STREAM SRL and its partners, which makes any use of this information under the content of software, images, text, graphics, logos, etc., other than as regulated in this document, is strictly prohibited.

    5.15. The users of the application do not have any rights to the audio recordings and the musical works embedded in them that are made available in the application, at the same time transferring all copyrights for them without having any claim of any kind.

    5.16. Users accept and agree that when viewing content provided by other users through the Application, they do so in full knowledge. The content of our app is for entertainment.

6. What you are prohibited from doing as a user of the application.

    6.1.As a user of the application, you are prohibited from taking the following actions:

      1. to use the Application for advertising purposes or for launching commercial requests unless such activities are explicitly authorized by us in advance;
      2. to use the application if you are not at least 16 years old or if you do not express your agreement with these Conditions;
      3. copy, modify, adapt, translate or create any derivative works based on the services made available through the application, including any files, tables or documents;
      4. identify or attempt to identify the source code, algorithms, methods or techniques incorporated in the Application or any derivative works thereof;
      5. use the Application, without our express prior written consent, for any commercial or unauthorized purpose;
      6. incorporate the Platform or any portions thereof into any other program or product, in which case we reserve the right to suspend accounts or limit access to the Services at our sole discretion;
      7. use any automated system or software, whether operated by a third party or otherwise, to extract data from the Application for commercial purposes;
      8. use or attempt to use another person's account, or create false identities;
      9. distribute, copy, transfer or sell, in whole or in part, any of the information, data, videos found on the application or any derivative works thereof;
      10. impersonate another person or entity, make false statements or otherwise misrepresent your own identity or affiliation with any entity;
      11. intimidate or harass other people or promote material with explicit sexual content, violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, etc.;
      12. use the Application in a way that could create a conflict of interest between the parties;
      13. use the Application to upload, transmit, distribute or store, whether intentionally or inadvertently or negligently, videos or other storable information that violates any applicable law or violates the rights of any person.
      14. to use the Application in such a way as to cause damage by uploading viruses, Trojan horses, or other materials of a malicious nature;
      15. to use on the application any materials that violate the right to privacy and privacy of another person;
      16. use any defamatory, obscene, offensive, pornographic, malicious or inciting materials on the application;
      17. post any advertising, unauthorized or promotional material or any other sensitive or prohibited information on the Application.
      18. use on the application any material that infringes or may infringe any copyright, trademark or other intellectual property rights of any other person;
      19. use on the application any material with racist or discriminatory content, including discrimination based on a person's race, religion, age, gender, disability or sexuality;
      20. use on the application any materials that would constitute, encourage or provide instructions for the commission of a crime, dangerous activities, or any material that is intentionally created to cause incitement of persons against each other;
      21. use on the Application any responses, comments, opinions, analysis or recommendations that you are not authorized or qualified to provide;

7. Protecting Copyright and User Generated Content.

    7.1. The application complies with the legislation specific to the protection of copyright and as such, posts that violate these rights are totally prohibited.

    7.2. Any post that infringes another person's copyright may be removed. The account may also be suspended or closed for multiple copyright violations.

    7.3. Users of the Application may be permitted to upload, post or otherwise make available to other users, including without limitation any text, photos, videos, audio recordings and musical works uploaded to or otherwise made available through the Application . You acknowledge and agree that users of the Services may also extract all or part of the User Content uploaded or otherwise made available by you through the Application to produce additional User Content.

    7.4. Users can use all the facilities provided by the application to create and post their own content that will become common to other users.

    7.5. Any material (by material meaning any post, whether clip or text message or compilations) of the user will be considered non-confidential.

    7.6. You will not post any material on the Application or transmit any material that you consider to be confidential or the property of another person. When you transmit materials, you agree and represent that you own that user content or that you have received all necessary permissions, approvals or that you are authorized by the owner of that part of the content to transmit such content.

    7.7. By adding content to the App, you grant us a royalty-free license to use your name, image, voice and likeness to identify yourself as the source of any material that belongs to you.

    7.8. All rights that you grant in your materials under these Terms are provided with the right to transfer to another user of the platform, which means that they will have no separate liability to you or any other third party arising out of or in connection with a such availability of materials belonging to you.

    7.9. By posting materials on the Application, you waive any rights to review or pre-approve any marketing or promotional materials associated with such material. You also waive any rights of privacy, publicity or any other rights of a similar nature in connection with the posted materials. You hereby waive and agree never to assert any claims related to any moral rights you may have in connection with any material you upload or otherwise make available through the Application.

    7.10. You acknowledge and agree that, under certain circumstances, we may also have the right to disclose to you the identity of any third party who claims that any material posted or uploaded by you to the Application constitutes a violation of their intellectual property rights or their right to privacy.

    7.11. We have the right to remove, refuse, block or delete any of your postings on the App if, in our opinion, your posting does not meet the moral or legal content standards set forth in these Terms.

    7.12. We assume no responsibility for any content or information submitted by users of the application and published by us or on our behalf

    7.13. The Services are provided "as is" and we make no warranties or representations of any kind with respect to them. In particular, we do not represent or warrant that:

    • the use of the services will correspond to your requirements;
    • use of the services will be uninterrupted, prompt, secure or error-free;
    • any information obtained by you as a result of using the Services will be accurate or valid or will not contain errors;
    • defects in the functioning or operation of any software made available to you as part of the services will be corrected.

    Please note that we provide the Platform solely for your personal and private use. You agree not to use our platform for any commercial or business purposes unless you have obtained our written consent to do so.

8. The end of the contract.

    8.1. Cessation of the use of the Application by the User may occur in the following situations:

    1. at the User's initiative, by deactivating the Account;
    2. at the initiative of SMILE LIVE STREAM SRL or its partners with a notice period of 10 days or immediately (without notice) for situations considered serious;
    3. at the initiative of SMILE LIVE STREAM SRL, without completing any formality, if it is found that the User does not comply with the provisions of the Terms and Conditions, the Application Guide or the applicable legal framework.

    8.2. SMILE LIVE STREAM SRL reserves the right at any time during the provision of the service, in a discretionary manner, without notice and without other formalities, to stop providing the facilities of the Application, without being held responsible towards the User.