Terms of Use — Upload Service

Your use of the ShortMax Upload Service implies your acceptance of these Terms of Use (with the Standard Contractual Clauses incorporated therein). We ask You to read them carefully.

SECTION 1: DESCRIPTION OF THE UPLOAD SERVICE

1.1. ShortMax ("ShortMax", "we", "us" or "our") provides a video hosting service allowing users to upload, store, and share videos, as well as access and view shared content. The service includes the ShortMax website, apps and other products available online or offline via various devices. This encompasses all ShortMax products, content, channels, software, data feeds, services, and functionalities ("ShortMax Service").

1.2. As a Uploader, you are permitted to upload video files (which must adhere to the Terms) to the ShortMax Service. All content uploaded via you on the ShortMax Service is considered "Your Content".

1.3. As a User, You recognize that should Your ShortMax Account stay inactive for an extended time, ShortMax has the authority to delete, reclaim or remove Your ShortMax Account at their sole discretion, with or without giving You prior notice.

SECTION 2: ACCEPTANCE OF THESE TERMS

2.1. If You are a User of ShortMax Service, You signify Your express and unconditional agreement to (1) these terms of use, including the Prohibited Content Policy below, and (2) all other policies of ShortMax, including but not limited to the ShortMax privacy and cookie policies, accessible at any time from the homepage of the ShortMax website and incorporated herein by reference (all collectively, the "Terms"). You may not use the ShortMax Service if You do not accept or cannot comply with any of the Terms. By using the ShortMax Service, You acknowledge that You have read and understood the Terms and agree that ShortMax will treat Your use of the ShortMax Service as acceptance of the Terms.

2.2. The Terms form a legally binding agreement between You and Shorttv Limited in relation to Your use of the ShortMax Service. Any reference to "ShortMax" in the Terms will then always refer to "Shorttv Limited".

2.3. ShortMax may, in its sole discretion, modify the Terms from time to time, and You agree to be bound by such modifications. Although we may notify You when major changes are made to the Terms, You should periodically review the most up-to-date version which is always accessible from the homepage of the ShortMax website. If You do not agree to the modified Terms or cannot comply with the modified Terms, Your only recourse is to stop using the ShortMax Service. Your continued use of the ShortMax Service after the effective date of the modified Terms will constitute Your acceptance of the modified Terms.

2.4. If you are an individual (by opposition to a legal entity), You represent to ShortMax that you are either: (1) more than 18 years old, or (2) an emancipated minor, or (3) at least 13 years old and that You possess legal parental or guardian consent. The ShortMax Service is not intended for children under 13 so you shall not use it if you are not 13 yet. You shall neither use the ShortMax Service if (a) You are not of legal age to form a binding contract with ShortMax, or (b) You are legally prohibited from receiving or using the ShortMax Service under the laws of the country in which You are a resident or from which You access or use the ShortMax Service.

SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS

For the entire period during which Your Content is hosted on the ShortMax Service, You grant to ShortMax the non-exclusive worldwide rights, transferable to ShortMax's Affiliates, to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as strictly necessary for viewing and/or streaming on the ShortMax Service. "Affiliate" means any company, current or future, that controls, is controlled by, or is under common control with Shorttv Limited.

By making Your Content accessible on the ShortMax Service, You agree to allow visitors to view and share Your Content, accessible online or offline, via any device capable of distributing the ShortMax Service, including computers, smartphones, tablets, TV devices, IPTV platforms, and game consoles, free of charge.

You acknowledge that Your Content and any third-party videos uploaded to the ShortMax Service, available for embedding on the ShortMax APP and website (www.ShortMax.app) or elsewhere, may include advertising. Despite this, Your Content remains Your property. Note that due to the nature of the Internet and digital media, data transmitted, including Your Content, cannot be fully protected against misappropriation and/or piracy, for which ShortMax is not liable. You are responsible for taking appropriate steps to protect Your data.

SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS

4.1. We grant you a personal, non-exclusive, non-transferable, revocable right to access and use the ShortMax Service, provided you comply with the Terms.

4.2. The ShortMax Service includes material (excluding your content and third-party videos) such as text, graphics, logos, names, button icons, features, images, audio clips, information, data, photographs, videos, and other content (the "ShortMax Material"), which is owned by ShortMax and its licensors and protected by intellectual property laws.

4.3. You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit the ShortMax Material for any other purpose without prior written consent from ShortMax or its licensors. You agree not to use or exploit the material in ways that conflict with the rights and restrictions set forth here, including restrictions on downloading, redistribution, altering, deleting, or disabling content protection mechanisms. You are not permitted to modify, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works from any ShortMax Material.

4.4. All rights not expressly granted in the Terms are reserved by ShortMax and its licensors.

SECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER

5.1. ShortMax will not review content that is posted on its ShortMax Service by users, including You, but ShortMax has the right (but not the obligation) to monitor, refuse, or remove any content that ShortMax, in its sole discretion, deems to be in violation of this Agreement or any applicable laws, rules, or regulations. If ShortMax becomes aware of any content that indicates illegal content, it shall forthwith remove or disable access from its ShortMax Service to any infringing content once having been notified of its existence. Furthermore, ShortMax does not, and has no legal obligation to, review or inspect content for possible illegality or infringement prior to its being viewable on the ShortMax website. ShortMax reserves the right to cooperate with any legal authorities or third parties in the investigation of any suspected or alleged crime or violation of this Agreement.

5.2. You acknowledge and agree that the owners of the Third-Party Video(s) and ShortMax, in accordance with Section 5.1., may from time to time remove ShortMax users' content (including Your Content) from the ShortMax Service for any reason, including but not limited to violations of this Agreement, applicable laws, rules, or regulations, or for any other reason deemed sufficient by ShortMax or the owners of the Third-Party Video(s). You shall nonetheless remain fully liable for Your Content and any consequences arising from its use or distribution on the ShortMax Service.

5.3. You agree that Your use of the ShortMax Service shall be at Your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the ShortMax Service and more specifically for Your Content (including any personal data that may be incorporated therein) and (ii) the protection of Your computer hardware and software against any virus, malware, or other harmful components. You further agree to comply with all applicable laws, rules, and regulations in connection with Your use of the ShortMax Service.

5.4. You acknowledge and agree that the ShortMax Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, and the functionality of the ShortMax Service), on and through which Your Content will be distributed, as well as any Third-Party Video(s) are provided "AS IS" and "as available" without warranties of any kind from ShortMax or any owners of the Third-Party Video(s). Neither ShortMax nor any owners of the Third-Party Video(s) warrant that the Third-Party Video(s) and the ShortMax Service, the ShortMax Material or any other software, content, information, materials or products included on or otherwise made available to You through the ShortMax Service are free of viruses, malware, or other harmful components. ShortMax may enhance, modify, and update the ShortMax Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the ShortMax Service, and You agree to accept any such changes or updates as they are made available to You.

5.5. ShortMax, its affiliated companies, officers, directors, employees, agents, vendors, and suppliers, as well as the owners of the Third-Party Video(s) (the "STV Parties"), disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible under applicable law. The STV Parties also disclaim all warranties, take no responsibility, and assume no liability for the content present on the ShortMax Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity You may encounter on the ShortMax Service. The STV Parties make no warranty or representation that the ShortMax Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free, or secure, including with respect to the delivery of Your Content and/or any limitations on Your or any other Visitor's ability to access, view, or use Your Content or any other content, or that any information obtained from the ShortMax Service will be accurate or reliable. The STV Parties further disclaim any liability for any damage or loss arising from or related to Your use of the ShortMax Service, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages.

5.6. ShortMax shall not be held responsible in any case for (a) any malfunctions inherent in the nature of the Internet, in the access and/or the use of the ShortMax Service, (b) any default of its obligations caused by force majeure or an unintentional cause, or (c) any content or actions of third parties, including but not limited to other users of the ShortMax Service or the owners of the Third-Party Video(s). Unless otherwise stated herein, ShortMax does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. Furthermore, ShortMax is not responsible for any data related to Third-Party Video(s) provided by their relevant owners, such as the video title, description, category, etc.

5.7. Nothing herein shall exclude or limit ShortMax's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, ShortMax shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with Your use of the ShortMax Service, including but not limited to damages for loss of profits, goodwill, use, data, or other tangible or intangible losses. This limitation of liability applies to all causes of action, in the aggregate, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. The limitations and exclusions of liability set forth in this Agreement apply to the fullest extent permitted by applicable law.

5.8. The limitations on ShortMax's liability defined in this Section shall apply whether or not ShortMax has been advised of or should have been aware of the possibility of any such losses arising. Some jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent such jurisdiction's law applies to the Terms.

SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE SHORTMAX SERVICE AND ITS RELATED TECHNOLOGIES

6.1. You are responsible for Your use of the ShortMax Service, Your ShortMax Account and/or the Content You upload to ShortMax. In this regard, You warrant as an essential condition that Your use of the ShortMax Service, Your ShortMax Account and/or Your Content, and any images, data and/or text which You may disseminate through the ShortMax Service:

a. do not violate any applicable laws or regulations and/or display, incite, promote illegal activities.

b. do not contain child pornography, sexual abuse or any type of sexually explicit content.

c. do not infringe intellectual property rights of any third-party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, brand, logo, advertisement or any other material that You have not created Yourself or for which You do not have the necessary clearances and permissions from third-party rights owners or copyright royalty collection organizations).

d. do not violate: Human rights (including incitement to hatred on the basis of the origin, religion, sexual orientation, gender, gender identity or disability of an individual or group of individuals, denying the commission of any crimes against humanity or acts that violate human dignity). Individual rights (in particular by spreading defamatory, slanderous or offensive material in the form of threats, intimidation, bullying, harassment). Publicity and privacy rights (in particular impersonation of an individual or a legal person). Personal information rights.

e. do not support or promote: any organizations or individuals that proclaim a violent mission or are engaged in violence. This includes organizations or individuals involved in terrorism, organized hatred against other groups of individuals, human trafficking and organized criminality. the commission of violent extremist or terrorist acts. violence and all other dangerous activities.

f. do not contain verifiably false or misleading information which: is created, presented and disseminated for economic gain or to intentionally deceive the public; and/or may cause public harm, or is intended as threatening to democratic political and policy-making processes as well as to the public goods such as to public health, to the environment or to the security of persons.

g. are not spam or any other deceptive practices designed to abuse or mislead a visitor (this includes excessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether automated or manual, which falsely increase the number of views, impression or clicks associated with Your Content).

h. do not abuse the reporting or complaint features, in particular with a view to making unfounded or fictitious claims or accusations.

6.2. By uploading or disseminating images, data, and/or text to or through ShortMax Service, You expressly warrant that You are not uploading any material violating the restrictions defined in Section 6.1. and that You have all necessary rights and/or authorizations and/or consents from the copyright owner(s) and/or any other relevant right-holders and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the ShortMax Service.

6.3. Failure to comply with the Terms may result in (a) Your Content being removed and/or (b) Your ShortMax Account being deactivated and/or (c) Your use of the ShortMax Service being blocked and/or (d) any elements or data related to Your Content or to Your ShortMax Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the ShortMax Service. In addition, ShortMax reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question, in addition to any applicable civil damages depending on the contentious nature of the content.

6.4. Because the ShortMax Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. Additionally, pursuant to the then-current inactive content and accounts rules, we reserve the right to delete Your inactive Content and/or Your ShortMax Account from our Service.

6.5. You guarantee that any website or application using ShortMax Service complies with legal and ethical standards, does not infringe on third-party rights, and does not promote violence, hatred, or illegal activities. You also confirm that your use of the service is not for endorsements, resale, contests, or unauthorized synchronization with visual media, and that you have obtained all necessary rights and paid any required fees.

6.6. You agree not to alter or modify Third-Party Videos or ShortMax Service, including the ShortMax Video Player and related technologies. You will not circumvent security features, collect personal data, or use the service for commercial solicitation.

6.7. You agree not to use ShortMax Service for commercial purposes without prior written approval, particularly selling access or advertising on the service. Unauthorized use, such as broadcasting users' content in public, is prohibited. You may only access content for personal, non-commercial use and for streaming purposes. Any other use, including modifying content, is not allowed and may result in legal liability. You must indemnify ShortMax for any damages arising from your use of the service or content. You agree not to access, view, upload, store, share, or export any illegal Third-Party Videos or content that infringes copyrights. Owners of Third-Party Videos and ShortMax Partners are third-party beneficiaries of the Terms and may enforce them against you.

SECTION 7: REPORTING PROHIBITED CONTENT

ShortMax has implemented an easily accessible mechanism on the ShortMax Service allowing anyone to report the availability of infringing or illegal material and/or activity on the ShortMax Service set out in Section 6.1.

SECTION 8: DATA, ADVERTISEMENTS AND PRIVACY

8.1. The records of ShortMax are stored on our systems in accordance with standard safety practices and applicable laws. The ShortMax records shall serve as proof of emails exchanged, registration forms sent, videos uploaded, and other activities within the ShortMax Service. It is agreed that, in case of any discrepancy between our records and any paper or electronic documents in your possession, our records shall prevail and be considered authoritative.

8.2. In particular, Your video Content is stored in the USA. For technical reasons inherent to video delivery technology, a temporary cache copies of extracts of Your video Content may also be stored outside of USA.

8.3. The technical constraints related to the international presence of the ShortMax Service do not allow us to store data in a single country. ShortMax has implemented, or has insured that its service providers have implemented, industry-standard systems and procedures aiming at ensuring the security and confidentiality of Your data, protection against anticipated threats or hazards thereto and unauthorized access to or use thereof. Nevertheless, if You do not want Your data or data concerning You to be stored outside of Your country of residence, then do not use the ShortMax Service. By using the ShortMax Upload Service, You consent to this transfer, Processing and storage of data, including personal data.

8.4. For clarity, when the provision or use of the ShortMax Service involves transfer of personal data outside of data subject country of residence, each Party will (where applicable) comply with the legal obligations relating to such transfers, storage and Processing. In particular, when Your Content contains Third Parties' personal data, You shall ensure and warrant ShortMax thereto, that You have all necessary authorizations and consents (including, when applicable, data subjects' consent) prior to the use of the ShortMax Service and the resulting transfer.

8.5. ShortMax takes Your privacy and the protection of Your personal data collected and processed in connection with Your use of the ShortMax Service very seriously. If You want to find out more about the personal data collected, how we collect it and the related processes, You can check our Privacy Policy anytime available from the ShortMax homepage.

SECTION 9: REPEAT INFRINGER POLICY

To stay within the DMCA framework, ShortMax is required to terminate accounts of repeat infringers. A repeat infringer policy has been applied to: If an account receives many separate DMCA "strikes," we will remove the account. A strike accrues when an account receives a DMCA takedown notice that results in a video being removed from that account. We may group notices filed within a short period of time as a single "strike." We will remove strikes if the claimant withdraws the notice or when the account holder successfully challenges a notice.

SECTION 10: MISCELLANEOUS

10.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the ShortMax Service or any of its features.

10.2. Any obligations which expressly or by their nature continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.

10.3. You agree that if one or more provisions of the Terms is considered to be invalid as such or as a result of the application of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other provisions stated herein will remain in force.

10.4. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.

10.5. You agree that ShortMax may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the ShortMax Service.

10.6. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.