ACCEPTABLE USE POLICY
BY USING VIDEOMART YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
This Policy applies to your use of VideoMart and all Content on VideoMart and forms part of your agreement with us. This Policy sets out what is and is not permitted on VideoMart.
In this Policy, defined terms have the same meanings as in our Terms and conditions for all Users.
1. Do not use VideoMart except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of VideoMart to or with anyone else.
2. Only use VideoMart s in a manner and for a purpose that is lawful.
3. Do not upload, post, display, or publish Content on VideoMart that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
4. Do not use VideoMart in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
5. Do not upload, post, display, publish or market Content on VideoMart that:
a. shows, includes or refers to:
i. any individual under 18 years old (or which refers to individuals under 18 years old generally); or
ii. any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
b. Shows, promotes, advertises or refers to:
i. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
ii. drugs or drug paraphernalia;
iii. self-harm or suicide;
iv. incest;
v. bestiality;
vi. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
vii. necrophilia;
viii. urine, scatological, or excrement-related material;
ix. "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on VideoMart);
x. escort services, sex trafficking, or prostitution;
c. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
d. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
e. contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for VideoMart including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
f. either:
i. in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
ii. in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
g. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
h. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
i. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
j. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
6. Do not use VideoMart to stalk, bully, abuse, harass, threaten or intimidate anyone else.
7. Do not use VideoMart to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
8. Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
9. Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
10. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
11. Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
12. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
13. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
14. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
15. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
16. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
17. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of VideoMart.
18. Do not use VideoMart in a way that could adversely affect our systems or security or interfere with any other User’s use of VideoMart, including their ability to engage in real-time activities through VideoMart.
19. Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access VideoMart or any server, network or system associated with VideoMart, or to extract, scrape, collect, harvest or gather Content or information from VideoMart.
20. Do not use VideoMart ' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
Last updated: November 8th, 2023.
TERMS AND CONDITIONS FOR ALL USERS
BY USING VIDEOMART YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for all Users govern your use of VideoMart and this agreement entered into between you, the User ("User"), and the VideoMart platform ("VideoMart", "we," "us," or "our"). By accessing, browsing, or using the VideoMart, and govern your access: (a) to the website www.gooseott.com or https://gooseott.com/videoMart and its subdomains; (b) to any other website, interface, application or other media on which VideoMart makes its resources available, including our mobile applications, tablets or other electronic devices; and (c) to all Services related to the resources made available by VideoMart.
2. These Terms regulate access or use of the resources contained on the Platform for all Users, anywhere in the world.
3. By accessing, browsing, or using the VideoMart, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions contained in this Agreement, including any additional guidelines and future modifications. If you do not agree to be bound by this Agreement, please do not use the VideoMart.
4. By accepting these Terms, you declare that you are familiar with them and agree to their content and to the other applicable policies of VideoMart, including the Use Policy. The VideoMart Policies are an integral part of these Terms and are incorporated by reference, even if presented in separate texts. In the event of a conflict, the rules of these Terms shall prevail over the conditions set forth in other VideoMart Policies, unless specific provisions indicate that a particular Policy prevails. These Terms and their updates also supersede all prior proposals, understandings, or agreements, whether oral or written, that may exist between you and VideoMart.
5. After accepting these Terms, VideoMart automatically grants you a non-exclusive license to use the Platform. The resources contained on the Platform are licensed as is. VideoMart may remove them from the Platform at any time and without prior notice.
6. Compliance with the conditions of these Terms is essential for the legitimate use of the resources made available on the Platform. If you use the Platform in a manner inconsistent with these Terms, VideoMart may implement various measures, at any time, with or without prior notice. These measures may include, without prejudice to others, (a) the suspension of access to a product, (b) the suspension of access to your account, (c) the cancellation of your registration, or (d) the termination of your license to use the Platform. The application of these and other measures will be detailed in these Terms.
7. By accepting these Terms, you authorize VideoMart to report to the competent authorities any act related to the access or use of the Platform that VideoMart deems to have indications of irregularities or illegalities. The reported User cannot demand that VideoMart pay any type of compensation, whether for pecuniary or non-pecuniary damage, as a result of this communication.
8. When using VideoMart Services in connection with any Product, you are responsible for identifying, understanding, and complying with all applicable laws, rules, and regulations. This may include, among others, civil rules, rules on intellectual property, rules on the advertisement and content of your Product, and on your marketing and sharing with Buyers. Applicable regulations may also require regulatory measures, such as obtaining licenses, permits, or authorizations from public bodies, as well as registration in professional records and compliance with the regulations they dictate. Tax or accounting rules may also apply. If you have doubts about how local laws apply to your business on the Platform or to your relationship with VideoMart, seek legal or accounting advice.
9. VideoMart reserves the right to modify these Terms at any time. If these Terms are changed, VideoMart will publish the revised Terms on the Platform and inform the date of the last update at the beginning ("updated version as of"). If you do not terminate your Agreement before the effective date of the new version of the Terms, your continued access or use of the Platform will signify your acceptance of the changes.
10. If VideoMart does not immediately exercise any right that is applicable under the law or these Terms, for any reason, or even does not exercise any right in a particular case, it does not mean that VideoMart will waive the exercise of those rights. VideoMart may exercise its rights at any time, at its discretion, and if VideoMart waives the exercise of any of its rights individually, this does not mean that it is waiving the exercise of its rights as a whole.
11. The use of examples in these Terms, as well as the use of expressions such as "including," "inclusive of," and other similar terms, should not be interpreted in a manner that limits the scope of the rules employing them. These examples and terms serve solely for illustrative purposes and are, therefore, non-exhaustive.
12. Interpretation: In the Terms of Service:
a. we refer to our website as "VideoMart", including when accessed via the URL www.gooseott.com or https://gooseott.com/videoMart and its subdomains;
b. references to "we", "our", "us" are references to the operator of VideoMart;
c. "Content" means any material uploaded to VideoMart by the "Seller of Content Licenses" or "Seller," collectively referring to the User or Users (individual or entity) who declare to have all the rights to upload content to VideoMart and market it. This includes, but is not limited to: Video on Demand (VoD), photos, audio (such as music and other sounds), livestream content, data, products, services, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
d. "User" or “Users” mean an individual or entity who has set up their VideoMart account, including but not limited: Content Co-creator and/or Content Licensors and/or Content Owners and/or Content Providers and/or Content Producer and/or Content Licensees and/or Content Broadcasters and/or Content Distributor and/or Content Acquirers and/or Content Uploader and/or Seller of Content License and/or Buyer of Content License;
e. “User Account” or “User Accounts” is a digital profile or identity created by an individual or entity (the “User” or “Users”)
f. “Buyer of Content Licenses” or “Buyer” shall collectively refer to the User or Users (individual or entity) who buy Content Licenses from Seller of Content Licenses in VideoMart, including but not limited: “Consumer” and/or “Streaming service operators”. All of them shall comply with the Terms and Conditions for Buyers.
g. “Seller of Content Licenses” or “Seller” shall collectively refer to the User or Users (individual or entity) who declare to have all the rights to upload content to VideoMart and market it. The term 'Seller of Content Licenses' or “Seller” includes, but is not limited to: Content Creators and/or Co-creator and/or Licensors and/or Content Owners and/or Content Providers and/or Content Producer and/or Content Licensees and/or Content Broadcasters and/or Content Distributor and/or Content Acquirers and/or Content Uploader. All of them declare that they have the rights to market the content they upload to VideoMart and shall comply with the Terms and Conditions for Sellers.
i. "Creator" or “Content Creator” or “Content Co-creator” means the User (individual or entity) responsible for producing or authoring the original content;
ii. “Licensor” or “Content Licensor” is an individual or entity that holds the rights to a piece of content and grants permission (licenses) to others to use that content under specific terms and conditions;
iii. “Content Owner” The content owner is the individual or entity that legally possesses the rights to a piece of content;
iv. “Content Provider” means an individual or entity that supplies content to be used or distributed through various channels, such as media outlets, streaming platforms, websites, or other content delivery systems. Their role is to make content available to consumers, often through licensing agreements or partnerships with content creators and owners. They may create original content or license existing content for distribution. Content providers shall adhere to all applicable local, national, and international laws and regulations when creating, distributing, or sharing content. Also, they are responsible for ensuring that the content they provide does not infringe on the intellectual property rights, copyrights, or trademarks of others. They should obtain proper permissions or licenses;
v. “Content Producer” means an individual or entity responsible for creating and generating content. This role involves the development and production of various forms of multimedia content, following established legal guidelines;
vi. “Content Distributor” means an individual or entity responsible for the distribution or presentation of content. This role may involve broadcasting and showcasing multimedia material, adhering to established legal guidelines;
vii. “Content Licensee” means an individual or entity that obtains the legal rights to use, distribute, or display content created by content creators or owned by content owners;
viii. “Content broadcaster” means a specific type of content licensee (individual or entity) that specializes in transmitting content to a wide audience through broadcasting channels;
ix. “Content acquisitor” means an individual or entity that focuses on acquiring content, either through purchasing content rights, licensing agreements, or other means;
h. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms and Conditions for all Users, (ii) Terms of Use for Buyers, (iii) Terms of Use for Sellers, and (iv) Use Policy;
13. Scope of Services: VideoMart serves as a platform to connect Sellers and Buyers of content licenses without a direct relationship with the end user (collectively, 'Users'). VideoMart does not function as a Content Provider, nor does it have any control or liability over the copyright status of the content exchanged on the platform. In accordance with the end-to-end encryption principle, it is impossible to ascertain the nature of the content being marketed by sellers of content on the VideoMart platform. VideoMart should not necessitate verification unless substantiated complaints are received. Consequently, VideoMart does not assume responsibility towards end customers, as its service is solely geared towards facilitating the connection between buyers and sellers (B2B business model). Likewise, it is not responsible for the content uploaded for commercial purposes or the utility attributed to it by the parties involved. Users are solely and entirely responsible for their own content in relation to third parties, its commercialization, and their actions.
14. Relationship Between Users and VideoMart: By using VideoMart as “Seller of Content Licenses” or “Buyer of Content Licenses” shall collectively refer to the User or Users (individual or entity), you are a contractor for VideoMart's services and do not become an employee, collaborator, representative, agent, partner, associate, or ally of VideoMart. You may not hold yourself out as having affiliations with VideoMart (for example, you may not describe yourself on social media as a "VideoMart seller" or "VideoMart agent"). You must act exclusively in your own name and for your own benefit, and you may not act on behalf of or for the benefit of VideoMart. Moreover, by using VideoMart, you affirm that you possess the legal rights to market the content license that you upload to VideoMart.
15. Ownership of Products/Services: The status of being the owner and provider of resources made available through the Platform does not imply that VideoMart creates, develops, controls, endorses, or supplies any Product. Seller of Content License and/or Buyers of Content License are entirely responsible for the content and information related to their Products/Services, including their offer and usage rules in accordance with the terms negotiated between the parties, provided that the entirety of the Terms is respected. VideoMart is not responsible for disputes or damages of any nature that may arise from the relationship between its Users or between them and third parties. In particular, VideoMart is not responsible for any claims you may have based on trusting information provided by a Creator, Co-Creator, Affiliate, Content Producer, Content Provider, Content Uploader, Content Distributor, Service Provider, Seller Content, Consumer and/or Buyer of Content, or transmitted in a Product/Service.
16. Absence of Performance, Profit, or Results Promises from the Use of the Platform: VideoMart provides a space and resources for those who wish to market or buy Products and/or Services in a simple and practical way, enabling individuals to make a living from their passions and teach what they know best to the world while connecting with like-minded people. Therefore, any Seller of Content License may use the Platform to create, advertise, provide, or market their Products and/or Service. In accordance with applicable law, VideoMart does not commit to conducting prior control of the content (editorial or otherwise) of the Products and/or Service or curating any type of Product. VideoMart is also not obligated to conduct prior control of its user base.
17. Verification Processes by VideoMart: VideoMart does not carry out checks, whether before or after the insertion of any Content on the Platform. VideoMart does not explicitly or implicitly guarantee or endorse the certification or quality of the content present on its platform. Furthermore, such verifications do not constitute a certification of compliance with the provisions of applicable law, these terms, or VideoMart’s policies. Users assume exclusive responsibility for complying with all regulations relevant to registered products and/or services, as well as their sharing and marketing. Sellers of Content Licenses declare that they possess the necessary rights to market the content they upload to VideoMart.
VideoMart is not obligated, though it reserves the right, to conduct verifications before or after the registration of users, including the right to request additional information. It should be noted that these descriptions do not imply any certification regarding the user's compliance with the provisions of applicable law, these terms, or VideoMart's policies.
18. Internet and Platform Access: Due to the nature of the Internet, VideoMart cannot guarantee that the Platform will be available and accessible 24 hours a day. Additionally, VideoMart may restrict the availability of the Platform or certain areas or features related to it, if necessary, considering the capacity, security, or integrity limits of its servers, as well as carrying out maintenance or improvement measures for its services. VideoMart may enhance and change the Platform at any time, whether to modify, replace, or remove existing Services, or to add new Services.
19. Third-Party Services Provision: In the event that the Platform contains links to third-party websites or resources, it is established that such third-party services fall outside the scope of the services provided by VideoMart and are not an integral part of the Platform. Consequently, these services are subject to different terms and conditions, especially regarding privacy practices. VideoMart assumes no responsibility for the availability or accuracy of Third-Party Services, nor for their content, products, or services available on those Third-Party Services. The inclusion of links to these Third-Party Services does not imply any endorsement or agreement by VideoMart with respect to them.
Additionally, it is stipulated that Goose does not constitute an endorsement or agreement with VideoMart, as the services provided by VideoMart are not encompassed within Goose's Services, and their activities are not part of Goose. Therefore, Goose is not aware of and is exempt from VideoMart's services. VideoMart's services are subject to different terms and conditions, including regarding privacy practices. Goose assumes no responsibility for the availability or accuracy of VideoMart's Services, nor for their content, products, or services available on VideoMart.
Goose and VideoMart are obligated to ensure that third parties understand that both Parties are two distinct and completely independent entities. Both Parties have their own clients independently, offer separate and independent services, and the only relationship between them is that of a software platform provider ("Goose") and a client ("VideoMart"). Both Parties will take relevant precautions and carry out agreed-upon marketing actions, taking the necessary steps to prevent third parties from interpreting that the client and the provider have a relationship with each other in terms of clients and the services each provides. Marketing actions must be carried out with care to avoid confusion among third parties regarding each party's brand and the services offered by the Provider ("Goose") and the client (VideoMart) independently.
In conclusion, it is clarified that VideoMart acts as a contractor for Goose's platform services, and this relationship does not imply the creation of an employment, collaborative, representative, agency, partnership, association, or alliance bond between VideoMart and Goose. VideoMart is not authorized to present itself as an affiliate of Goose (for example, it cannot describe itself on social media as a "Goose seller" or "Goose agent"). VideoMart operates exclusively in its own name and for its own benefit, without the authority to act on behalf of or for the benefit of Goose. Therefore, VideoMart exempts Goose from any liability arising from its activities and assumes full and exclusive responsibility for complying with all relevant regulations related to the services offered, as well as for its interaction with third parties.
20. Registering with VideoMart: to access and interact on VideoMart you must first register and create a User Account on VideoMart. By doing so, you confirm that you comply with the following terms and obligations:
a. You must be at least 18 years old, and you confirm this by registering and creating a User Account on VideoMart;
b. If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live;
c. You must be permitted by the laws of the country or State/province where you are located to hire VideoMart and to view any Content available on it and to use any functionality provided by it;
d. You must provide such other information or verification records as we require;
e. If you do not meet the above requirements, you must not access or use VideoMart;
f. Furnish truthful, up-to-date, and comprehensive personal information during the registration procedure;
g. Diligently maintain and promptly revise your account details to ensure their accuracy, currency, and completeness;
h. Assume full accountability for all actions conducted under your account;
We retain the prerogative to unilaterally suspend or terminate your account, without prior notice, should we possess reasonable grounds to believe that you have contravened the terms outlined in this Agreement;
21. Your commitments to us: When you register with and use VideoMart, you make the following commitments to us:
a. If you previously had an account with VideoMart, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
b. You will make sure that all information which you submit to us is truthful, accurate and complete.
c. You will update promptly any of your information you have submitted to us as and when it changes.
d. You consent to receiving communications from us electronically, including by emails and messages posted to your VideoMart account, and to the processing of your personal data as more fully detailed in our Use Policy.
e. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact [email protected] promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
f. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
g. You will comply in full with these Terms of Use for all Users and all other parts of the Terms of Service which apply to your use of VideoMart.
22. Rights we have, including to suspend or terminate your account:
a. We are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service and/or any applicable law.
b. Users shall have the right to report, by contacting us at [email protected], any Content within VideoMart that does not adhere to the Terms and Conditions or that constitutes the illegality of said content or is offensive to the reporting user.
c. In accordance with the previously stated, it is our policy to suspend access to any Content you post on VideoMart which we become aware may not comply with the Terms of Service and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at [email protected]. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
d. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your VideoMart account, but we are not obligated to give you prior notice of such removal or suspension.
e. We reserve the right in our sole discretion to terminate your agreement with us and your access to VideoMart for any reason by giving you 30 days’ notice by email or electronic message to your VideoMart account. We can also suspend access to your User account or terminate your agreement with us and your access to VideoMart immediately and without prior notice:
If we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
If you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of VideoMart.
If we suspend access to your User account or terminate your agreement with us and your access to VideoMart we will let you know. During any period when access to your User account is suspended, any User Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Creators.
f. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Use Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on VideoMart for you to be able to access your Content following termination of your account.
g. We can investigate any suspected or alleged misuse, abuse, or unlawful use of VideoMart and cooperate with law enforcement agencies in such investigation.
h. We can disclose any information or records in our possession or control about your use of VideoMart to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
i. We can change the third-party payment providers used to process payments on VideoMart and if we do so, we will notify you and store applicable details on your VideoMart account.
j. Other than Content (which is owned by or licensed to Creators), all rights in and to VideoMart and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
k. We are the sole and exclusive owners of any and all anonymized data relating to your use of VideoMart and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
23. Eligibility, registration, and platform access:
a. Restricted Users: VideoMart may deny or cancel the registration of a particular User if it becomes aware, either through its own knowledge or through a substantiated complaint from a third party, of the existence of a conviction, by way of a final and unappealable judgment, for (a) heinous crimes, or equivalent offenses; (b) involvement in criminal organizations, money laundering, terrorist acts, or international human trafficking; or (c) offenses committed through electronic or cybernetic means.
b. Registration: To use the Platform, you are obligated to properly fill out and provide accurate information for all data requested by VideoMart on the registration page. VideoMart may use any legally permissible means to identify you and may also request additional information at any time to supplement what has already been provided. If VideoMart becomes aware that your information is false, incorrect, or incomplete, your registration on the Platform may be suspended or canceled. VideoMart reserves the right to reject or cancel your registration if it believes there is evidence that you are using or tend to use the Platform in violation of these Terms.
c. Accuracy and Truthfulness of Data: You are solely responsible for registering true, accurate, and up-to-date data, and you are accountable for the consequences of providing false, incomplete, or incorrect data or information during or after registration. Always verify the information provided to the Platform before completing your registration.
d. Access Password and Account Activities: You are solely responsible for your login credentials, your password, and any activity conducted through your account on the Platform. VideoMart is not liable for any damages, pecuniary or non-pecuniary, resulting from the unauthorized use of your account by third parties. It is essential that you maintain the confidentiality and security of your credentials to access your VideoMart account, which are personal and non-transferable. Do not disclose or share these credentials with third parties in any way. No employee, collaborator, representative, agent, or anyone directly or indirectly associated with VideoMart is authorized to request that you share your password. You should also not share your login credentials with Content Creators or Affiliates, as the activities of these Users do not depend on sharing such information. You must promptly notify VideoMart if you become aware or suspect that your access credentials have been lost, stolen, misappropriated by third parties, compromised, or used in any way without your permission.
24. What we are not responsible for: We will use reasonable care and skill in providing VideoMart to you, but there are certain things which we are not responsible for, as follows:
a. We do not authorize or approve Content on VideoMart. All the Content, data or information that enters to VideoMart is not viewed and/or controlled and/or previously reviewed by VideoMart before being uploaded to the platform and/or acquired and/or broadcasted to the End users, so by not certifying the content of the information that is uploaded and/or acquired and/or broadcasted, the Platform will not have any type of responsibility for such content, regardless of whether such content is generated and/or uploaded and/or acquired and/or broadcasted by the Content Providers or Streaming Service Provider or by third parties. The Content Provider has the obligation to ensure that the content issued does not violate any law, rule, regulation, or infringe any intellectual and industrial property rights, rights of publicity, privacy, or other rights of third parties.
b. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Content Providers or Streaming Service Provider.
c. We will not in any way be responsible to you by any Content that violate any law, rule, regulation, or infringe any intellectual and industrial property rights, rights of publicity, privacy, or other rights of third parties. While we may, from time to time and in our sole discretion, offer certain to remove or suspend any content or user accounts on VideoMart, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any service to remove or suspend any content or user accounts on VideoMart.
d. All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via VideoMart. We are under no obligation to monitor Content or to detect breaches of the Terms of Service.
e. You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of VideoMart and that if you choose to do so, you do so entirely at your own risk.
f. We do not promise that VideoMart is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access VideoMart. You should use your own virus protection software.
g. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of VideoMart.
h. While we try to make sure that VideoMart is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Users.
i. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
j. You acknowledge that once your Content is posted on VideoMart, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
25. Intellectual property rights – ownership and licenses:
a. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 11(b) below in any territory in which VideoMart is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
b. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of VideoMart. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
c. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
26. Linking to and from VideoMart:
a. Links to VideoMart:
You may link to the VideoMart homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If you are a Creator, Co-Creator, Affiliate, Content Provider, Content Uploader, Content Distributor, Service Provider and/or Seller Content, when promoting your user account, you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your user account. When promoting your user account, you must not impersonate VideoMart or give the impression that your user account is being promoted by us if this is not the case. You must not promote your VideoMart account by using Google Ads or any similar advertising platform or search engine advertising service.
b. Links from VideoMart: If VideoMart contains links to other sites and resources provided by third parties; these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to VideoMart, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
27. How do I delete my account? If you want to delete your VideoMart account then you may do so in the 'User Account' section of your VideoMart account.
a. If you are a Consumer and/or Buyer of Content, the deletion of your account will take place within a reasonable time following your request. Your account will not be closed if you have outstanding payment debts until you settle them.
b. If you are a Creator, Co-Creator, Content Producer, Content Uploader, Content Provider, Content Distributor, Service Provider, and/or Seller of Content, then once you initiate the "delete account" process your account will remain open until the last day of your Buyer of Content' paid Subscription period, following which your account will be deleted.
c. If you are both a Buyer of Content and/or Consumer and a Creator, Co-Creator, Content Producer, Content Provider, Content Distributor, Service Provider, Content Uploader and/or Seller of Content, then your account will be deleted in two stages (Buyer and/or Consumer first and then Creator, Co-Creator, Content Producer, Content Provider, Content Distributor, Service Provider, Content Uploader and/or Seller of Content).
d. Once your account has been deleted you won't have access to your former VideoMart account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Use Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on VideoMart for you to be able to access your Content following termination of your account.
28. General: You agree that:
a. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
b. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
c. We reserve all rights not expressly granted to you.
d. No implied licenses or other rights are granted to you in relation to any part of VideoMart, save as expressly set out in the Terms of Service.
e. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
f. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
g. The Terms of Service form the entire agreement between us and you regarding your access to and use of VideoMart, and supersede any and all prior oral or written understandings or agreements between us and you.
29. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of VideoMart (including those arising from or relating to your agreement with us) can be brought:
a. For consumers (“Buyer of Content”):
• Consumers/Buyer of Content - Law:
o If you are a Buyer of Content, your agreement with us is governed by United States of America law and United States of America law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of VideoMart, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of VideoMart (including, in both cases, non-contractual disputes or claims).
• Consumers/Buyer of Content - where claims must be brought:
o If you are a consumer resident in the Latin America, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of VideoMart (including, in both cases, non-contractual disputes or claims) may be brought in the courts of United States of America.
o If you are a consumer resident outside of the Latin America, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of VideoMart (including, in both cases, non-contractual disputes or claims) must be brought in the courts of United States of America.
b. For business Users (Creator, Co-Creator, Content Producer, Content Provider, Content Uploader, Content Distributor, Service Provider, and/or Seller of Content):
o Business Users – Law:
If you are a business User, your agreement with us is governed by United States of America law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of VideoMart, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of VideoMart (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
o Business Users - where claims must be brought:
If you are a business User, you and we agree that the courts of United States of America shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of VideoMart.
c. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning VideoMart (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
30. Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
Buyer of Content and a Creator, Co-Creator, Content Producer, Content Provider, Content Distributor, Service Provider, Content Uploader and/or Seller of Content,
a. Terms of Use for Buyers – which contain additional terms which apply if you use VideoMart as a Buyer of Content and/or Consumer;
b. Terms of Use for Sellers – which contain additional terms which apply if you use VideoMart as a Content broadcaster;
c. Use Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed above, the Terms of Use for all Users will apply to the extent of the conflict.
Last updated: November 8th, 2023.
TERMS AND CONDITIONS FOR SELLERS
BY USING VIDEOMART YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. Introduction: These Terms of Use for “Sellers” or “Sellers of Content Licenses” are additional terms which apply if you use VideoMart as a “Seller” (also referred to as “you” and “your” in these Terms of Use for “Sellers” or “Sellers of Content Licenses”). This agreement entered into between You, and the VideoMart platform ("VideoMart", "we," "us," or "our").
2. Interpretation: In these Terms of Use for Sellers, defined terms have the same meanings given to them in the Terms and conditions for all Users. In addition:
3. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States or any other jurisdiction.
4. Other terms which will apply to your use of VideoMart: The following terms will also apply to your use of VideoMart and you agree to them:
a. Our Terms and conditions for all Users;
b. Our Use Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
5. Registering with VideoMart: to access and interact on VideoMart you must first register and create a User Account on VideoMart. By doing so, you confirm that you comply with the following terms and obligations:
a. You must be at least 18 years old, and you confirm this by registering and creating a User Account on VideoMart;
b. If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live;
c. You must be permitted by the laws of the country or State/province where you are located to hire VideoMart and to view any Content available on it and to use any functionality provided by it;
d. You must provide such other information or verification records as we require;
e. If you do not meet the above requirements, you must not access or use VideoMart;
f. Furnish truthful, up-to-date, and comprehensive personal information during the registration procedure;
g. Diligently maintain and promptly revise your account details to ensure their accuracy, currency, and completeness;
h. Assume full accountability for all actions conducted under your account;
We retain the prerogative to unilaterally suspend or terminate your account, without prior notice, should we possess reasonable grounds to believe that you have contravened the terms outlined in this Agreement;
6. What are the fees that Sellers charge for the use of VideoMart? We charge a fee to you of twenty per cent (20%) of all Buyer Payments made to you (exclusive of any TAX element of the Buyer Payment) (called “Our Fee”). The remaining eighty per cent (80%) of the Buyer Payment is payable to you (called "Seller Earnings"). Our Fee includes the costs of providing, maintaining and operating VideoMart and storing your Content. Our Fee is deducted from the Buyer Payment, and Seller Earnings are paid to you in the way described in the Payouts to Seller of Content License section below.
7. How to set up your account as a Seller account: To set up your account as a Seller account:
a. You are required to proceed with the submission of your personal data, whether as a natural person and/or legal entity, as applicable. You are obligated to properly fill out and provide accurate information for all data requested by VideoMart on the registration page;
b. You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
c. You will need on your User account page to select one of the available methods provided by VideoMart as to how your Seller Earnings will be transferred to you. (“Payout Options”).
d. You may also need to submit additional information depending on the country where you live.
e. VideoMart may use any legally permissible means to identify you and may also request additional information at any time to supplement what has already been provided. If VideoMart becomes aware that your information is false, incorrect, or incomplete, your registration on the Platform may be suspended or canceled. VideoMart reserves the right to reject or cancel your registration if it believes there is evidence that you are using or tend to use the Platform in violation of these Terms.
f. You are solely responsible for registering true, accurate, and up-to-date data, and you are accountable for the consequences of providing false, incomplete, or incorrect data or information during or after registration. Always verify the information provided to the Platform before completing your registration.
g. You will then be able to start adding Content and Users will be able to subscribe to become your Buyer.
h. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
8. Personal legal responsibility of Sellers: You will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service. You are solely and entirely responsible for your own content in relation to third parties, its commercialization, and your actions. You are entirely responsible for the content and information related to their Products/Services, including their offer and usage rules in accordance with the terms negotiated between the parties, provided that the entirety of the Terms is respected. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account. You assume exclusive responsibility for complying with all regulations relevant to registered products and/or services, as well as your sharing and marketing. You declare that they possess the necessary rights to market the content you upload to VideoMart.
9. Seller/Buyer Transactions:
a. This section describes the terms which apply to Seller/Buyer Transactions: All Seller/Buyer Transactions are contracts between Buyers and Sellers on the terms of the Standard Contract between Buy and Seller. Although we facilitate Seller/Buyer Transactions by providing the VideoMart platform and storing Content, we are not a party to the Standard Contract between Buyer and Seller or any other contract which may exist between a Buyer and Seller, and are not responsible for any Seller/Buyer Transaction.
b. When you receive confirmation from VideoMart, either in your User account or by email (or both), regarding the confirmation of the Buyer/Seller Transaction, you are obligated to fulfill your part of the transaction. This may include allowing the Buyer access to the Content in your Seller account, providing the paid-for Content, and/or enabling the Buyer to use the paid-for interaction function, as applicable. You agree to indemnify us for any breach of this obligation, meaning you will be responsible for any resulting loss or damage, including loss of profit, suffered by us due to your non-compliance with this obligation.
10. Content – general terms: In addition to the terms set out in other sections of the Terms of Service, the following terms apply to the content uploaded and marketed by you as a Seller on VideoMart:
a. Sellers are solely responsible for uploading Content onto the platform for commercialization through this service. Sellers are required to take all necessary measures to ensure that such Content is not illegal or offensive to third parties. In the event of claims by third parties, Sellers will assume full responsibility.
Content provided by Sellers must not promote or contain material that violates the law, including but not limited to incitement to hate, ethnic or religious discrimination, violence, illegal pornography, and other aspects prohibited by law.
Furthermore, Sellers must have complete ownership of the Content, either as legitimate owners or through possession of a license expressly authorizing them, documented legally, to commercialize said content. Sellers cannot market Content for which they do not possess the necessary property rights.
b. Clause on Content Upload and Commercialization: The Seller undertakes to upload content to their User account for the purpose of marketing, organizing it into packages with pricing terms for sale. It is specified that such Content is privacy-protected, meaning access to content packages will be granted only with the prior authorization of the content owners.
The process of uploading and marketing entails the Buyer searching for Sellers, selecting and requesting to follow them. The Seller, at their discretion, will authorize the Buyer to follow.
Additionally, it is ensured that both the content and business data will be fully encrypted throughout the entire process, and video content will be protected through Multi DRM (Digital Rights Management).
Once authorized by the Seller to follow, the Buyer can browse content packages, place an order, and proceed to make online payments. Upon completion of the content acquisition, the Buyer will have the right to directly use the acquired content to launch a streaming service.
c. You are a Guarantor (meaning that you make a legally enforceable promise to us) for each item of Content that you post, display, upload, or publish for commercialization on VideoMart, attesting that:
I. Your Content fully complies with the Terms and Conditions of VideoMart.
II. You possess all necessary rights to license and deal in your Content on VideoMart, including in every territory worldwide where you have followers.
III. You are the owner of your Content (and all intellectual property rights in it) or possess a valid license to offer and supply your Content to your followers/consumers.
IV. If your Content includes or utilizes any third-party material, you have obtained all necessary rights, licenses, written consents, and releases for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on VideoMart.
V. When selling your Content and/or the broadcasting license for your content, you grant the Buyer the right to launch a streaming service on the platform.
VI. The Content is:
i. of satisfactory quality, considering any description of the Content, the price, and all other relevant circumstances, including any statement or representation you make about the nature of the Content on your account or in any advertising;
ii. reasonably suitable for any purpose the Buyer has made known to you for using the Content; and
iii. as described by you.
d. You agree that you will be accountable to us and indemnify us if any of the express warranties proves to be false. This means that you will be responsible for any loss or damage (including loss of profits) that we incur as a result of any of the warranties you are obligated to fulfill being untrue.
e. We are not responsible for and do not endorse any aspect of the Content posted by you or any other user of VideoMart. We are not obligated to monitor any Content, and we have no direct control over the content your Content may include.
f. You also agree to act as the custodian of records for the Content you upload to VideoMart.
g. Requirements – General Content and Advertising Content: You must ensure that any Advertising Content which you post to your Seller account:
i. does not:
1. prejudice respect for human dignity;
2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
3. encourage behavior prejudicial to health or safety;
4. encourage behavior grossly prejudicial to the protection of the environment;
5. cause physical, mental or moral detriment to any person;
6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
7. directly encourage persons to persuade others to purchase or rent goods or services; exploit the trust of persons in others;
8. or unreasonably show persons in dangerous situations;
ii. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
iii. does not advertise, promote, or facilitate illegal gambling, and
iv. in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
h. Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to VideoMart contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
11. Co-authored Content:
a. If you upload Content to your Seller account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Seller on VideoMart; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
b. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
i. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
ii. has consented to the Co-Authored Content in which he or she appears being Market and broadcasted.
c. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content that are sufficient to permit such Content to be uploaded and marketed on VideoMart.
d. You agree that Seller Earnings will only be processed to the account of the Seller to which the Co-Authored Content is uploaded. The Seller who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content among the individuals shown in such Co-Authored Content. Any revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Seller Earnings generated by any Co-Authored Content in which you appear but which is posted on another Seller's account.
e. You agree to release us and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Seller(s) who posted the Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
12. Payouts to Sellers:
a. All Seller Payments will be received by a third-party payment provider approved by us.
b. If you have chosen the Stripe Payout Option or PayPal Option, Stripe or PayPal will collect the Buyer Payment and pay the Seller Earnings to your bank account.
c. Where Stripe Payout or PayPal is not the Payout Option chosen by you, Our Fee will be deducted from the Buyer Payment received and your Seller Earnings will be held by us or one of our subsidiary companies on your behalf.
d. Your VideoMart account will be updated within a reasonable time with your Seller Earnings. Your Seller Earnings will become available for withdrawal by you from your VideoMart account once such Seller Earnings appear in your VideoMart account.
e. The amount that you see in your 'current balance' in your VideoMart account is your Seller Earnings at the relevant time. All Buyer Payments and Seller Earnings are transacted in USD only. If you have chosen the 'Stripe' Payout Option, then the Buyer Payments and Seller Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
f. If a Buyer successfully seeks a refund or chargeback from their credit card provider in respect of a Buyer Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Seller Earnings earned by you on the charged-back or refunded amount.
Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
13. Circumstances in which we may withhold Seller Earnings:
a. We may withhold all or any part of the Seller Earnings due to you but not yet paid out:
i. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
ii. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
iii. if we suspect that all or any part of the Seller Earnings result from unlawful or fraudulent activity, either by you or by the Buyer who made the Buyer Payment resulting in the Seller Earnings,
for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Seller Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Seller Earnings.
iv. If once we have finished our investigation, we determine that Seller Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Buyer Payments which resulted in forfeited Seller Earnings are returned to the relevant Buyers who paid such Buyer Payments.
14. TAX:
a. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on VideoMart or by [email protected] in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Sellers.
b. Fiscal Responsibility Clause: The fees and taxes incurred in the Seller's transactions or accounts shall be the sole responsibility of the Seller. Consequently, the Seller agrees to bear all bank fees and taxes, including, among others, value-added tax, business tax, customs duties, and other taxes imposed by the local government or any other agency or local tax authority in accordance with applicable tax laws, in connection with the payment made by the Buyer to the Seller associated with the transactions or accounts of the parties on VideoMart.
Last updated: November 8th, 2023.