**iCHIRP TERMS OF USE** *Last Updated: May 14, 2025* Welcome to iCHIRP, use our Platform, and you’re stuck with these Terms—deal with it or ditch it! There are two versions: One straight to the point, the other (see below) more complicated transformed but they mean the same…. 1. **UPLOAD AT YOUR OWN RISK** You upload, you own it. iCHIRP isn’t your copyright babysitter, so don’t cry if you get sued. 2. **YOU SWEAR IT’S YOURS** Say your livestream is legit and you’ve got the rights. 3. **NO NASTY STUFF** Keep it clean, or we’ll yeet your Content faster than you can say “CHIRP.” iCHIRP decides what’s not done... 4. **WE’RE NOT YOUR CONTENT COP** Your livestream flops or breaks laws? That’s on you, not us—iCHIRP is just the stage. 5. **WE CHANGE, YOU DEAL** We can tweak the Platform’s look or vibe anytime. Don’t like it? Tough luck, keep scrolling. 6. **FIX YOUR OWN STREAMS** Hate a livestream you uploaded and want to take it down? Change the URL yourself—or manage the livestream in your members account. 7. **USE FEATURES, TAKE RISKS** Play with our tools, but if they break, don’t blame us. iCHIRP isn’t your safety net. 8. **NO DAMAGE CLAIMS** Livestream crashes and burns? iCHIRP’s liability maxes out at one word : 'Sorry'- pity party. 9. **YOUR SERVER, YOUR PROBLEM** Deals with your stream host go south? Sort it out—iCHIRP isn’t your mediator. 10. **WE CAN DELETE ANYTHING** iCHIRP can nuke your Content or account anytime, no reason needed. Don’t ask for a goodbye note. 11. **LAW & FIGHTS** Dutch law rules, and we’ll settle beef in Amsterdam courts. Bring your best lawyer. 12. **FINE PRINT** These Terms are the whole deal. If we miss a rule, it’s still game on By using iCHIRP, you agree to these Terms. Now chirp or stream! iCHIRP All rights reserved somewhere. The other version: TERMS OF USE Last Updated: May 14, 2025 Welcome to iCHIRP (the "Platform"), operated by iCHIRP. ("iCHIRP," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Platform, including all features, functionalities, and services provided therein. By accessing or using the Platform, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree with these Terms, you must immediately cease using the Platform. 1. ACCEPTANCE OF TERMS By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. iCHIRP reserves the right to modify, amend, or update these Terms at its sole discretion, with or without prior notice. Your continued use of the Platform following any such changes constitutes your acceptance of the revised Terms. 2. USER RESPONSIBILITY FOR UPLOADED CONTENT 2.1. Ownership and Authorization. By uploading any content, including but not limited to livestreams, videos, or other materials ("Content") to the Platform, you represent and warrant that: (i) you are the sole owner of the Content or have obtained all necessary rights, licenses, consents, and permissions to upload, distribute, and display the Content on the Platform; and (ii) the Content does not infringe, misappropriate, or violate any third-party intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or rights of publicity. 2.2. Sole Responsibility. You acknowledge and agree that you are solely responsible for all Content you upload to the Platform. iCHIRP does not endorse, verify, or assume any responsibility for the accuracy, legality, or appropriateness of any Content. You bear all risks associated with the uploading, hosting, and distribution of your Content, including any claims arising from third parties. 2.3. Intellectual Property Liability. You agree to indemnify, defend, and hold harmless iCHIRP, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Content, including but not limited to claims of copyright infringement, trademark infringement, or other intellectual property violations. 3. PROHIBITION OF OFFENSIVE CONTENT 3.1. Content Standards. You agree not to upload, post, or transmit any Content that is unlawful, offensive, obscene, defamatory, libelous, pornographic, threatening, harassing, discriminatory, or otherwise objectionable, as determined by iCHIRP in its sole discretion. 3.2. Content Moderation. iCHIRP reserves the right, but not the obligation, to monitor, review, remove, or restrict access to any Content at any time, with or without notice, for any reason, including violation of these Terms or applicable law. iCHIRP is not liable for any failure to remove or delay in removing Content. 4. PLATFORM CONTENT AND MODIFICATIONS 4.1. No Liability for User Content. iCHIRP is not responsible or liable for the Content uploaded by Users, including the availability, quality, or legality of livestreams. Users acknowledge that iCHIRP is a platform provider and not a content creator or publisher. 4.2. Platform Modifications. iCHIRP reserves the right to modify, update, or discontinue any aspect of the Platform, including its layout, design, features, or content, at any time, with or without notice. Users agree to accept all such changes and acknowledge that iCHIRP is not liable for any impact these changes may have on their use of the Platform. 4.3. User Control of Streaming URLs. If you, as a User, object to or are dissatisfied with any livestream or Content displayed on the Platform, you are solely responsible for modifying or updating the streaming URL or other mechanisms used to access or display such Content. iCHIRP is not obligated to intervene in or resolve disputes regarding Content. 5. USER RESPONSIBILITY FOR FEATURES AND USE 5.1. Use at Own Risk. Your use of all features, tools, and functionalities of the Platform is at your sole risk. iCHIRP provides the Platform on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. 5.2. No Liability for Damages. iCHIRP is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of the Platform, including but not limited to loss of data, interruption of livestreams, or financial losses. This includes any damages resulting from technical issues, third-party actions, or Content uploaded by other Users. 6. THIRD-PARTY SERVER PROVIDER AGREEMENTS 6.1. Uploader Responsibility. You acknowledge and agree that you are solely responsible for any agreements, terms, or obligations you have with third-party server providers or hosting services used to host, stream, or distribute your Content. iCHIRP is not a party to such agreements and bears no responsibility or liability for any disputes, interruptions, or damages stamping from your relationship with such providers. 6.2. Indemnification. You agree to indemnify and hold harmless iCHIRP from any claims, losses, or liabilities arising from your agreements or interactions with third-party server providers. 7. INDEMNIFICATION You agree to indemnify, defend, and hold harmless iCHIRP, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of the Platform; (ii) your Content; (iii) your violation of these Terms; (iv) your violation of any third-party rights, including intellectual property rights; or (v) your agreements with third-party server providers. 8. LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, iCHIRP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, whether in contract, tort, or otherwise, arising out of or in connection with your use of the Platform, even if iCHIRP has been advised of the possibility of such damages. iCHIRP’s total liability to you for any claim arising under these Terms shall not exceed more than a well meant word 'Sorry'. 9. TERMINATION iCHIRP reserves the right to suspend or terminate your access to the Platform at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Platform will immediately cease, and iCHIRP may remove or delete your Content without liability. 10. REMOVAL OF CONTENT AND MEMBERSHIPS iCHIRP reserves the absolute right, at its sole discretion, to remove, delete, or restrict access to any Content, user accounts, or memberships on the Platform at any time, with or without cause, reason, or prior notice. Users acknowledge and agree that iCHIRP is not obligated to provide an explanation for such actions and shall not be liable for any losses, damages, or consequences arising from the removal of Content or termination of memberships. 11. GOVERNING LAW AND DISPUTE RESOLUTION These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively in the competent courts of Amsterdam, Netherlands. You agree to submit to the personal jurisdiction of such courts. 12. MISCELLANEOUS 12.1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and iCHIRP regarding your use of the Platform, superseding any prior agreements. 12.2. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 12.3. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. 12.4. Assignment. You may not assign or transfer these Terms or your rights under them without iCHIRP’s prior written consent. iCHIRP may assign these Terms at its discretion. By using the Platform, you acknowledge that you have read and agree to these Terms of Use. --- iCHIRP. All rights reserved by birdpower