The User declares to be 18 years and fully capable. If you are under this age, the User declares being properly represented or assisted by their parents or other legal representative, on delivery of commitments and declarations under these terms.
The user shall not post violent, obscene (including nude or partially nude images), pornographic, unlawful, threatening or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
The User is liable for any activity on his/her user account and the User agrees that will not sell, transfer, license or concede your account, followers, user name or whatever rights for his/her account. Excepting people or companies that are authorized to create accounts on behalf of their employees or clients. The User agrees that the User will not create an account for anyone but to himself/herself. The User also declares that all information the User provides or supplies to Stayfilm on the subscription and other instances are true, accurate and updated, and the User agrees on updating your own information as needed in order to keep its exactness and truthfulness.
The User agrees that will not request, collect or use the credentials of login of other Stayfilm users.
The User is liable for keeping the password secret and safe.
The User agrees that will not defame, threat, abuse, harass, embody or intimidate the people or entities and the User shall not post private or confidential information through the Service, including, but not limited to, credit card information of any other person, identity card number, individual or public telephone numbers and non public addresses.
The User can´t use the Service for whatsoever illegal or non authorized purposes. The User agrees on complying with all laws, rules and regulations (e.g., federal, of the state or the city), applicable to his/her use of the Service and its contents (as stated below), including, but not limited to the Copyright Ownership Rights.
The User is the sole responsible for his/her conduct and for whatsoever data, text, images, information, name, graphics, pictures, profiles, audio and video clips, sound, musical work, masterpiece authorship, applications, links and other contents or material (collectively, “Content”) the User sends, posts or exhibits us or through the Service.
The User shall not change, modify, adapt or alter the Service or other site, implying false association to the Service or Stayfilm.
The User shall not create or send inappropriate emails, comments, likes or other forms of commercial communication or harassment (a.k.a. “spam”) to the Stayfilm users.
The User shall not interfere or interrupt the Service the servers or network connected to the service, including by transmitting any virus, spyware, malware or whatever code or other form of destructive or annoying practice. The User shall not insert the content or code or any other form of changing or interfering on the way any Stayfilm page is processed or exhibited in the User´s browser or devices.
The User shall not create accounts on Stayfilm by unauthorized ways, including, but not limited to, the usage of automatic devices, script, bot, spider or crawler.
The User acknowledges that use of any content from Stayfilm Partners may be subjected to the provisions of the Partner Publishing Terms and Conditions, being this one available at the site, and must be observed by the User along with Stayfilm Terms.
2. General Conditions
We reserve the right of denying the service access to any person, for whatever reason, on any time.
We reserve the right of forcing the loss of any user name for whatever reason.
The User is the sole responsible for the interaction with other users of service, whether online or offline. The User agrees Stayfilm isn´t responsible for the conduct of any user. Stayfilm reserves the right, but have no obligation to, monitor or engage in any disputes between users. The user shall exercise reasonable judgment on interacting with other people, including when the User post personal or others contents or information.
There may be connections from the service, to the communications the User receives from services, to third parties sites or resources. There may also be links to third parties sites or resources of images, videos or comments on the Service. The service also includes third parties contents which we can´t control, keep or support. The service functionality also allows interaction between the Service and a third party site or resource, including applications which connect the service or your profile into the service through a third party website or resource. For instance, the service may include a resource that enables the User to share the service content or your contents with a third party, which may be publicly displayed on third parties service or application. Using this functionality usually demands the User to access the User´s account on third parties services which the User does on his/her own account. Stayfilm doesn´t control any of such services and their contents. The User recognizes and agrees that Stayfilm isn´t responsible for such third parties services or resources. Your communication and business WITH THIRD PARTIES, found through the service are exclusively between the User and THIRD PARTIES. The User may choose, on the User´s sole discretion and risk, on using applications which connect to Service or your service profile, with a third party service (each, an “application”) and such application may interact, connect or join and/or extract information from and to your service profile. By using such applications, the User recognizes and agrees on the following: (i) if the User uses an application to share information, the User agrees on the information about the User´s service profile which are being shared, (ii) with the use of an application, identity information can be publicly disclosed, and (iii) the use of an application is on your sole discretion and risk, and Stayfilm keeps harmless to activities related to the application.
The User agrees to be responsible for all the charges related to data used through the use of the Service.
Stayfilm claims no ownership on the contents sent to the films´ production. Stayfilm owns only the final production, created through the effects of creation, edition and soundtrack of the film, named “Final Product”. On the release of the Final Product, the User automatically transfers to Stayfilm, free from royalties, a perpetual worldwide license not exclusive of all rights on using, editing, changing, incorporating, adapting, saving and reproducing inscriptions including, with no limitation, all brands related to it, on any instance, within or without the context, on all languages, on all means currently known or that may be created in the future to the intended purpose on the Site and on these Terms. Stayfilm may keep the video material the User releases, and perform internal use of such material, including for testing purposes. The User may request that Stayfilm removes and doesn´t use such material, by sending an email to firstname.lastname@example.org.
Some of the Services are supported by publicity revenues and may exhibit advertisements and promotions, and the User agrees that Stayfilm publishes such advertisements and promotions on Service or together the contents. The way and scope of the publicity and promotions will be subject to changes with no prior individual notice.
The User recognizes that we may not always identify paid services, sponsored contents, or from commercial communication.
The User has the legal rights and ability put into effect these Conditions of Use in his/her jurisdiction.
The Service comprises contents owned or licensed by Stayfilm. Such contents are protected by copyright, trademark, trade secrets and other laws and, as between User and Stayfilm, Stayfilm owns and preserves all rights on such contents and service. The User shall not remove, change or hide any copyright trademarks or intellectual rights both incorporated or accompanying the Stayfilm contents and shall not reproduce, change, adapt, prepare works derived from executing, exhibiting, publishing, distributing, transmitting, selling, licensing or exploring the Stayfilm contents.
The Stayfilm name and logo are trademarks registered by Stayfilm and shall not be copied, imitated or used, in a whole or partially, without previous written approval of Stayfilm, except complying with our trademarks regulations. Moreover, all headings, personalized graphics, icons and scripts are services trademarks, trademarks registered and/or commercial trademarks of Stayfilm, shall not be copied, imitated or used, in a whole or partially, without previous written approval of Stayfilm.
Though it is of Stayfilm intention the Service be available, to the greatest extent possible, there will be occasion when the service may be interrupted, including, but not limited to, scheduled maintenance and updating, emergency repairs, or due to equipment and telecommunication service failure. Besides that, Stayfilm reserves the rights of removing any Content of Service, for whatever reason, without previous notice. Removed contents from the service may be kept stored by Stayfilm, including, but not limited to, comply legal obligations, but shall not be recoverable, without a valid court order. Consequently, Stayfilm encourages the User to keep a backup of his/her contents. In other words, Stayfilm is not a backup service and the User agrees on not counting on the service as backup or storage of contents. Stayfilm shall not be responsible for any change, suspension or interruption of services, or loss of any content. The User also recognizes the Internet is subject to security failure and the disclosure of contents or information may not be safe.
It is Stayfilm policy not accepting or considering contents, information, ideas, suggestions or any other materials which haven´t being previously requested and certain specific terms, conditions and request may be applied. Such practice objective is to prevent misunderstandings, if your ideas are similar to the ones that are being or were independently developed. Therefore, Stayfilm shall not accept material or ideas which haven´t been previously requested, and Stayfilm is not responsible for any material or ideas. If, despite of our policy, the User chooses to send us the contents, information, ideas, suggestions and other material, the User agrees, besides, that Stayfilm is free to use any contents, information, ideas, suggestions or other material, for any purposes, including, with no limitation, development and trade of products and services, without any responsibility or payments to the User.
4. Author Rights and other violations
Stayfilm respects the rights of other people, and we expect the User does the same.
If the User violates repeatedly the intellectual ownership rights of other people, Stayfilm reserves the right to deactivate the account, as appropriate.
5. Disclaimer of Warranties
Stayfilm shall not have any responsibilities to:
Any adverse effect in your computer or software, caused by your use of the Site or Services, or as a result of any available content on the Site;
The use (or inability of use) of the Site or any part of the service, including inscriptions, contents or any transactions involving the Site;
All available material (or intended o be available) on or through the site, information or opinions received through the Site;
Any errors or omissions of Stayfilm, or any act or omission of a third party;
Any error, delay, interruption, operational problem, unavailability or malfunction on the site, any part of the site, or any equipment directly or indirectly related, system, programming, or network (including the Internet);
Any malfunction involving the Site or your account;
Any virus or other code or parts which may affect your computer system and other belonging as a consequence of the use of the Site.
The User agrees to indemnify, defend and hold Stayfilm harmless and its respective employees, directors, subcontractors and agents of each one, from all claims, damages, costs or expenses (including attorneys fees) arising directly or indirectly out of: (a) violation of these Terms by the User or anyone using the computer or password, (b) any claim, loss or damage whatsoever arising out of your use or use attempts (or inability to use) the Site, including any operations the User may perform or attempts, (c) the violation of any law or regulation; (d) the violation of any third parties rights, including without limitation, the violation of any Submissions from any parts intellectual ownership of third parties or moral rights, (e) violation of any law, regulation, or applicable rules or third party ownership or intellectual moral rights as a consequence from the referral or posting of any Content, (f) any Content the User has downloaded from the Site or changed, and (g) any other matter the User is liable or for laws matters. The User agrees the use of the Site (including, without limitation, the provision of services in conjunction with the Site) shall comply with all laws, regulations and guidance.
7. Exclusion of Liability
Under no circumstances Stayfilm is and/or shall be liable for the User or any third party for whatsoever damages, including, but not limited to incidental, consequential, general damages, direct, indirect, special or punitive, arising out of or related to the site, services or contents. In any event, the total liability of Stayfilm for any rules of this agreement shall not exceed the amount paid by the User to Stayfilm for the use of the Site, Services and in accordance to this document or content. As such, if the User still hasn´t made any payment to Stayfilm for the use of the Site and Services, Stayfilm shall not be liable for the User.
These Terms shall be governed by the Brazilian laws disregard of your laws choice. Your conduct may also be subject to other location, states, countries and their corresponding laws. Any action against these Terms or the Site will be exclusively brought to the Brazilian jurisdiction and the User agrees irrevocably to this.
In any event to comply with this Contract, the prevailing party shall have rights to the attorneys´ expenses. Any legal proceedings against Stayfilm shall be made within 1 (one) year from the cause of action. In the case of any provisions of these Terms be considered invalid, such clause shall be substituted by an operational provision closer to the original provision effect, and all the Terms of these Conditions shall remain in force and effect.
Nothing on this Agreement creates any agency, employment, joint venture or partnership relation between User and Stayfilm or enables him/her to act on behalf of Stayfilm. Unless previously stated on these Terms. These Terms constitutes entire agreement between Stayfilm and User concerning the subject matter hereof, and any other matters shall be cancelled. Nothing on these terms shall be taken as of limiting the actions or available resources to Stayfilm concerning any prohibited activity or conduct.
Enforceability of any part of these clauses shall not constitute accordance and/or waiver, and Stayfilm reserves the rights to apply such term, in its sole discretion. No waiver of violations shall be considered as waiver from previous or future violations. These Terms are intended to Stayfilm benefit (and respective assigns), and each one shall have the right of claiming and enforcing the provisions directly against the User on its own name. We may dispose of rights subject to these terms to any third party.
9. Entire Agreement
1. We gather the following kinds of information.
Information directly provided by the User:
Your user name, password and e-mail address when the User register a Stayfilm account.
The profile information the User provides to his/her user profile (e.g.: the first and the last name, photo). Such information enables us to help the User and other people meet.
User Contents (e.g.: pictures, albums, videos, comments and other material) the User may post on the Service.
The communication between the User and Stayfilm. For instance: we may send e-mails related to the service (e.g.: account verification, changes/updates of resources, technical information and security warnings). Please note the User shall not choose to quit from the emails concerning the service.
Find your friends and add them to your Stayfilm network:
The user may use our "Find filmates" resource to find other people with Stayfilm accounts through the (i) list of contacts, (ii) social networking sites of third parties or (iii) by searching names and user names on the site.
If the User chooses to find filmates through the contacts list of his/her device (i), Stayfilm shall access your contacts list to determine if someone associated to that list is using Stayfilm.
If the User chooses to find filmates (iii) through searching names and user names on Stayfilm, then the User just has to type the name to be found and we shall search on our service.
Notice on “Invite filmates”: if the User chooses to invite someone to the service through our “Invite filmates” tool, the User may select someone directly from the contacts list and send an e-mail from the personal account. The User understands and agrees that, due to the fact such invitation be coming directly from the User´s personal account, Stayfilm has no access or control on that communication.
Information about Analytics:
We use analysis tools of third parties which help us measure the traffic and use trends of the Service. Such tools gather information sent by the device or our service, including the sites visited by the User, add-ons and other information which help us on the continuous improvement of the service. We collect and use analytical data with information from other users so that can´t be used to identify any particular individual user.
Cookies and other similar resources:
Information on files:
The information log of the file is automatically reported by your browser when the User requests access (or visits) to a web page or application. It may also be provided when the contents of a web Page or application are downloaded to your browser or device.
When the User uses the service, our servers automatically register some information of the log file, including your web order, IP address, type of browser, reference/exit from pages and URLs, numbers of clicks and since the User interacts through services links, domain names, end pages, visited pages and other information. We may also collect similar information from sent e-mails from our users which help us control which e-mails are accessed and links visited by addressees. Such information enables us to provide more precise reports and to improve our service.
Metadata are technical data which are usually associated to the User Content. For instance, the metadata may describe how, when and by whom some parts of the User Content were collected and how such content is formatted.
The users may add or have metadata already added to their User Content, including the hashtag (for instance, in order to tag key-words when the User posts a film), comments and other data. This allows the user content be more searched by others and be more interactive.
Helping on effectively access your information after indicating on “remember the information” so the User doesn´t have to type them again on visiting the service;
Providing personalized content and information to the User and other people, which may include online advertisements or other kinds of commercialization;
Providing, improving, testing and monitoring the efficiency of our service;
Developing and testing new products and resources;
Monitoring indicators such as number of visitor, traffic and demographic patterns;
Troubleshooting or correcting technology problems;
3. We don´t rent and/or sell your information to third parties without your previous agreement, excepted as noted on this Policy.
Whom we can share your information with:
We may share the user content and the related information (including, but not limited to, the cookies, log files, devices indicators, location and usage data) with companies which are legally part of the same business sector Stayfilm belongs to, or that may be in the future (“Affiliated”). Affiliated companies may use the information to help provide, understand and improve the Service (including the supply of analytics) and affiliated owned services (providing relevant experience including new ones). Remembering that such Affiliated shall respect the User´s choice on who shall be able to view the pictures and/or films.
We also may share your information, as well as the information from tools such as cookies, log files and identifiers of devices and location data, with third party organizations which may help us provide the service to the User (“Service Providers”). Our service providers shall have access to the information, as reasonably needed to provide the service under reasonable confidentiality terms.
We may also share certain information, such as cookies data, with publicity partners. Such information shall enable the third party publicity network to provide, among others, directed publicity, which we believe shall be more interesting to the User.
We may remove data portions which may allow for your identification and sharing of anonymous data with other parties. We may also combine your information to other, in a way the information shall no longer be associated to the User and share such aggregated information.
Information portions which the User may choose to share the user contents:
Whatever information or content the User voluntarily posts on service, such as user contents, shall become available to the public, as well as controlled by all applicable privacy settings the User defines. In order to change the service privacy settings, please, change the profile settings. After having shared the information or made the information publicly available, the contents shall be re-shared by others.
If the User removes the information posted on the service, the copies may be kept viewable on pages stored in cache and service files, or if other users or third parties using the Stayfilm API have copied or saved such information.
About what happens in case of control change:
Responses to legal inquires and loss prevention:
We may access, preserve and share your information according to a legal inquiry (e.g., driven by a search warrant, court order or subpoena). This may include responses to legal inquiries of abroad jurisdiction and U.S.A., where we have a good faith belief the response is demanded by the jurisdiction law, affecting the users in such jurisdiction, consistent with the internationally recognized standards. We may also access, preserve and share information upon needed to: detect, prevent and combat other illegal activities, in order to protect ourselves, the User and others, including as part of the investigations, and to avoid death or imminent damage. The information we have received from the User can be accessed, processed and kept for the time that is object to a legal inquiry or obligation, governmental investigation or other regarding violation of our terms or policies or other way to avoid damage.
4. Storage and processing:
The information collected through the Service may be stored and processed in Brazil, U.S.A. and any other country which Stayfilm, its affiliated companies or service providers may be located.
We use commercially reasonable safeguards to keep the information collected through the service, protect and take all necessary steps (such as to request a sole password) in order to verify your identity before grant any access to your account. However, we shall not ensure the safety of any information transmitted by the User or to prevent such information be accessed, disclosed, changed or destroyed.
Please, do your share to help us. The User is responsible for keeping safe an unique password and account information, and controlling the access to e-mails between the User and Stayfilm, in all instances. Your privacy setting may be affected by changes in our services of social media the User connects to Stayfilm. We are not responsible for the functionality, privacy or actions of any other safety organization.
5. Information of your account, privacy and profile settings:
In order to update your account anytime, you just have to login and change your profile settings.
It is possible to cancel the communications inscription through email, by clicking on the link “Change your e-mail preferences”, available in such communication. As mentioned above, the User can not choose to cancel communication related to the service (e.g., account verification, changes/updates of the Service resources, technical information and safety warnings).
Should the User have any question about reviewing or changing the account information, please send an e-mail to email@example.com.
6. Public information:
Opting on make your information public is exactly what it seems: any person, including outside Stayfilm, may view them. Deciding on make your information public may also mean that such information:
May be associated to the User (that is, your name, profile pictures, videos, user identification number, etc.) yet outside Stayfilm;
May appear when someone does a search on Stayfilm or through any other public search resource;
Shall be accessible to anyone who uses our APIs, such as our graphic one.
When other people share information about the User, they may also choose to publicly share them.
7. Data that is always publicly available
The types of information listed below are always publicly available and treated likewise the information the User has decided to make available.
Name: helps your friends meet the User.
Profile picture: helps your friends and relatives recognize the User.
Gender: so that we can properly refer to the User.
User identification number: allows the User to provide a direct link to the User´s page.
8. Personalized Advertisements
We don´t share your information with advertisers (unless, of course, the User allows us). As stated in this policy, we may share your information when we remove them from anything that personally identifies you or we combine them with other information so that your identification isn´t possible.
We use the received information, including the provided information on the registering instance, or added to your account or timeline, in order to provide advertisements and make them relevant to the User. This includes all the User shares and does on Stayfilm, like the contents the User likes or the key-words of the videos, and what we deduce from your usage of Stayfilm.
Upon creating an advertisement, the advertiser had the opportunity to choose the target audience by location, demographic information, Like options, key-words and other information we receive about the User and others. For instance, an announce may choose as target audience the women from 18 to 35 years old who live in U.S.A. and that like basketball. An advertiser may also decide to reach certain topics or key-words, such as “music” or even people who appreciate the same specific content. We demand the advertisers comply with our advertising guidelines, including provisions related to the data usage of confidential nature.
If the advertiser chooses to publish an advertisement, we provide that to the people who meet the selection criteria from the advertiser, but we don´t mention who they are. Therefore, for instance, if a person views or interacts in any way with the ad, the advertiser may deduce such person is a woman from 18 up to 35 years old, living in U.S.A. and who likes basketball. Yet we don´t inform the advertiser who that person is.
After the publishing of the ad, we provide to the advertisers the reports which inform how many users have seen and clicked on it. Those reports are anonymous nonetheless. We don´t inform to the advertisers who have seen or clicked on their ads.
Sometimes, we allow advertisers to address to a user category, as “assiduous public of cinema” or “fan of science-fiction”. We do so by gathering characteristics we believe are related to such category. Advertisers of science-fiction movies, for instance, would ask to address the corresponding fans and so would we, which may include the User. Or if the User likes contents related to cars and mentions a certain car brand on a posting, we may include it in the category “potential buyer” and allow a car brand addresses such group, which may include the User.
9. Information Use Policy
We don´t share your information with advertisers (unless, of course, the User allows us). As stated in this policy, we may share your information when we remove them from anything that personally identifies you or we combine them with other information so that your identification isn´t possible.
10. Third-party Sites and Services
11. If the User wishes to stop using the account, the User shall terminate the account:
When the User terminates an account, it is permanently removed from Stayfilm. It takes nearly 30 days to terminate an account, yet some information may be kept in backup copies and logs for up to 90 days or more. The User must terminate the account only upon certainty that it can´t be re-activated anymore. The User may terminate the account sending an e-mail to firstname.lastname@example.org.
After the termination or deactivation of your account, Stayfilm, its affiliated companies or service providers may keep information (including your profile information) and User Content for a commercially reasonable time for backup, storage and/or audit purposes.
Certain information shall be needed to provide you services; therefore we shall only exclude such information after terminating your account. Some of your actions on Stayfilm shall be stored on your account, with comments such as if liked a filmate film, sent messages (your filmate shall still have the sent message, even after your account termination). Such information shall be kept after the User terminates the account.
Should the User have any question about the account termination, please send us an e-mail to: email@example.com.
12. Special Situations
Upon the death of a Stayfilm user, please, send us an e-mail to firstname.lastname@example.org. We will contact you through the e-mail address provided on the User´s request and the communication will be driven through e-mail, where we shall request additional information.
13. Doubts and Questions
14. Policy Update