VideoSnack - Terms of Service Agreement
Effective date: August 17, 2019
This VideoSnack Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between VideoSnack LLC ("VideoSnack," "we," "us," or "our") and you, our customer ("you" or "your"). VideoSnack provides online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the "Services"). This Agreement governs your use of our Services.
By creating an account, viewing videos, making a purchase, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Upload and/or store videos, respected your plan limits;
- Embed our embeddable video player on third-party websites; and
- Use all related features that we may provide.
The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core video hosting, including the bandwidth and storage capabilities stated at the time of purchase, during your current service period. We may charge for excessive bandwidth use when you monetize VideoSnack-hosted videos using a third-party payment solution or you use our video player with a third-party advertising solution.
We may allow you to purchase digital goods available on VideoSnack. Those purchases can be:
2.1.1. Per Episode
- You may purchase single Episodes individually.
- An Episode is composed of a video and the content directly associated with it, like its subtitles, text content and its attachments.
- You will have the right to stream purchased episodes an unlimited number of times for so long as it is available on VideoSnack. If the seller permits download, you may download the video file and retain a single copy for your personal use.
2.1.2. Per Project
- You may purchase an entire Project (collection of Episodes).
- Purchasing a Project grants you access to all its included Episodes (as defined by the Seller), except the ones sold separately.
- Your access to the Episodes included in your Project purchase is the same as defined on item 2.1.1.
- You may subscribe (purchase a subscription) to a VideoSnack Project for a recurring fee shown at the time of purchase
- Subscribing to a Project grants you access to all its included Episodes (as defined by the Seller), except the ones sold separately.
- Your subscription will automatically renew for the same period of time as your initial subscription period (e. g., month, year) until you cancel automatic renewal.
- Your payment method will be charged the subscription fee (plus any applicable taxes) at the beginning of each renewal period.
- You may cancel automatic renewal any time by managing your subscription.
You may stream videos that you have purchased (whether by single purchase or subscription) for your personal viewing purposes. You may not: (a) transmit or distribute any video through any means; (b) publicly exhibit any video; (c) resell views of any video; or (d) allow others to log into your VideoSnack account for the purpose of watching a video. All rights not granted are expressly reserved by VideoSnack and each seller.
Videos are provided on an as-available basis. VideoSnack does not guarantee that any particular video will be available for streaming or download after purchase. If a video becomes unavailable for any reason, VideoSnack may, without penalty, eliminate or reduce the amount of time you have to stream the video.
Videos may be offered for sale in different formats (e.g, SD, HD, 4K, etc.). Your ability to stream a video in a particular format will depend upon your device and the bandwidth of your Internet connection.
Some videos may not be available for viewing on all devices or in all territories.
Titles are made available to the purchasers exclusively through their VideoSnack account. You must maintain your account in good standing in order to stream purchased videos. If your account is deleted, you will lose the ability to watch videos that you have purchased. Under no circumstances will we transfer viewing privileges to other accounts or platforms.
All purchases are final and non-refundable. Refunds are not available for, among other things, partial subscription periods or unwatched videos. Notwithstanding the foregoing, VideoSnack has the right, but not obligation to, in its sole discretion, issue refunds if it determines that the circumstances warrant a refund.
We may allow you to sell digital goods.
To sell content through VideoSnack, you must use and maintain a VideoSnack account that permits such monetization.
For "Per Episode" sales, you may select: (a) the purchase option (included in project's purchase/subscription or sold separately); and (b) the retail price(s) (when sold separately). For "Per Project" sales, you may select: (a) the purchase option (single purchase or monthly subscription); and (b) the price per purchase or subscription period. When you add a new video to a subscription or purchase Project, it will automatically become available for viewing by subscribers and purchasers.
You hereby grant VideoSnack the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), transcode, publicly perform and exhibit, and otherwise exploit and promote the video (and all related content that you may upload, including description, text content and attachments) through VideoSnack in accordance with your choices. You also grant VideoSnack the right (but not the obligation) to use and authorize others to use your name(s), likeness(es), biographical material(s), or voice(s), as contained in the content you upload, in any media for the purpose of promoting your videos or series.
The above licenses will continue so long as you offer content for sale. If you remove content, VideoSnack (a) will cease offering it for sale to new viewers; and (b) may, in its discretion, continue to make the content available to those users who previously purchased the content or provide full or partial refunds to such persons.
You are entitled to 85% of Net Revenue from your Sales ("Seller Revenue"); VideoSnack will retain 15% of such Net Revenue as a service fee. Definitions:
- Sales: sales of your content to end users through VideoSnack.
- Net Revenue: gross revenue actually received less Transactional Costs, chargebacks, and refunds and excluding any taxes.
- Transactional Costs: amounts paid by VideoSnack to third parties to facilitate a transaction and may include, without limitation, payment processing fees, foreign exchange fees, and platform fees.
We may make promotional codes available to you to distribute your content to backers, reviewers, and friends and family for viewing without charge. You may not sell promotional codes or otherwise use them to distribute your content in exchange for payment or other consideration without VideoSnack prior written consent. We reserve the right to restrict promotional codes for any reason.
VideoSnack will pay you Seller Revenue within thirty (30) days after receiving a payout request from you through the platform. VideoSnack will make all payments to your bank account via ACH or other payment method offered by VideoSnack. VideoSnack shall have no obligation to pay Seller Revenue with respect to any transaction that is subject to a refund or chargeback. VideoSnack may withhold amounts or make adjustments: (a) to satisfy any amounts owed to VideoSnack; (b) to satisfy any refunds that VideoSnack may make; or (c) pending any investigation of fraud or other illegality.
Income taxes are solely your responsibility. VideoSnack may withhold amounts from any amounts due to you that VideoSnack determines in good faith must be withheld pursuant to U.S. tax law. VideoSnack may file reports concerning income with any taxing authority, including the U.S. Internal Revenue Service.
VideoSnack may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where VideoSnack believes in good faith that VAT collection is required, VideoSnack may collect VAT on a "VAT-inclusive" basis, meaning that it will charge the retail price of the item and deduct applicable VAT from the amounts received from the purchaser.
VideoSnack shall have no obligation to pay Seller Revenue with respect to any content or conduct that violates VideoSnack's Terms of Service, and you must repay to VideoSnack any amounts you have received with respect to any such violation. VideoSnack may suspend, limit, or disable VideoSnack sales at any time for any violation of our Terms of Service.
Registration: You may create an account to use certain features we offer (e.g., uploading videos). To do so, you must provide an email address. You consent to receive notices from VideoSnack at this email address.
Organizational Accounts: Corporate, and other organizational users must publicly display the legal name of their entity on their public account profile.
You must be at least 13 years old to create an account. If you reside in the European Union, you must be at least 16 years old. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
Team Members: Certain subscription plans may allow you to grant other registered users ("team members") access to the account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Subscription Plans
Plan Types: We offer free memberships and paid subscriptions that allow you to upload and share video content. You may purchase a "Self-Serve" plan (you sign up and pay online) or an "Enterprise" plan (you work with a sales representative and execute an individualized agreement). Advertised prices and features may change.
Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage.
Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Refund Policy: Subject to the terms hereof, subscribers who purchase plans directly from VideoSnack may cancel and receive a full refund of their initial purchase with thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Our refund policy does not apply to:
- Subscription renewals or migrations to other plans;
- Fees other than annual or monthly subscription fees;
- Requests made after the specified periods;
- Customers who have breached this Agreement or whose accounts were terminated in accordance with our Copyright Policy;
- Customers who joined using a promotion that expressly disclaimed our refund policy;
- Customers who have initiated a chargeback dispute; or
- Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over.
How to Decline Renewal: subscribers may opt out of automatic renewal by changing their canceling their subscription. Any opt-out or notice of non-renewal will not affect the current subscription period. VideoSnack may decline renewals.
When a subscription ends, the account will, at VideoSnack's option, revert to free account status or will be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. VideoSnack shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require VideoSnack to provide any level of post-subscription account status.
5. Acceptable Use Policy
We may allow you to upload, submit, or publish (collectively, to "submit") content such as videos, recordings, images, attachments (any file), and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. VideoSnack may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. VideoSnack may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send VideoSnack a takedown notice as stated in our Copyright Policy if they believe VideoSnack is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
5.1.1. DMCA Policy
VideoSnack respects the intellectual property of others and expects its users to do the same. Each user must ensure that the materials they upload do not infringe any third-party copyright. VideoSnack will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") when properly notified that the materials infringe a third party's copyright. VideoSnack will also, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further. For non-copyright complaints, please get in touch with us through the Contact Form in our Home Page.
5.1.2. DMCA Takedown Notices
To request the removal of materials based upon copyright infringement, you must file a notice containing the following:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on VideoSnack's service the material that you claim is infringing may be found, sufficient for VideoSnack to locate the material (e.g., the URL for the video).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
You may file your notice by email to firstname.lastname@example.org
5.1.2. DMCA Counter-Notifications
If you are a VideoSnack user who wishes to challenge the removal of materials caused by a DMCA takedown notice, you must file a counter-notification containing the following:
- Your name, address, and telephone number.
- A description of the material that was removed and the location on VideoSnack's service where it previously appeared (e.g., the URL of the video).
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which VideoSnack may be found (the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
You may file your notice by email to email@example.com
VideoSnack will forward any complete counter-notification to the person who filed the original DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore the challenged materials. Until that time, your materials will remain removed.
5.1.3. Repeat Infringers
VideoSnack will terminate user accounts that receive three (3) DMCA strikes. A "DMCA strike" accrues each time that material is removed from a user’s account due to a DMCA notice. We may group multiple DMCA notices received within a short period of time as a single DMCA strike.
We may remove a DMCA strike in appropriate circumstances, such as where (1) the underlying material is ultimately restored due to a DMCA counter-notification; or (2) the claimant withdraws the underlying notice.
We may terminate user accounts that receive fewer than three (3) DMCA strikes in appropriate circumstances, such as where the user has a history of violating or willfully disregarding our Terms of Service.
5.2. Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims about vaccination safety;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm; or
- Violates any applicable law.
- Please see the VideoSnack Guidelines for guidance on how we interpret these terms.
5.3. Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute "spam" in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
- Cause or encourage others to do any of the above.
5.4. Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
5.5. Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.
6. Licenses Granted by You
As between you and VideoSnack, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow VideoSnack to host and stream your content, you grant VideoSnack the permissions set forth below.
6.1. Your Video Content
By submitting a video, you grant VideoSnack permission to:
- Stream the video to end users;
- Embed the video on third-party websites;
- Make the video available for download;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., "thumbnails") from your video to represent it (if you have not selected one).
- By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to VideoSnack and ends when you or VideoSnack delete it; provided that VideoSnack may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when VideoSnack in good faith believes that it is legally obligated to do so.
6.2. Account Profile
You grant VideoSnack permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.
6.3. Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 6.1 or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant VideoSnack a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to VideoSnack on improving our products or services, VideoSnack may use your suggestions without any compensation to you.
6.4. Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called "moral rights" that you may have. Nothing in this Agreement shall be deemed a license "condition" applicable to VideoSnack; rather, any breach of a term by VideoSnack hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
7. Your Obligations
7.1 Representations and Warranties
For each piece of content that you submit to or through VideoSnack, you represent and warrant that:
- You have the right to submit the content to VideoSnack and grant the licenses herein;
- VideoSnack will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless VideoSnack and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
8. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to free memberships, VideoSnack may terminate this Agreement at any time by providing thirty (30) days' written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, VideoSnack may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If VideoSnack deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).
VIDEOSNACK PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIDEOSNACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, VideoSnack makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
- Concerning any content submitted by our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) VIDEOSNACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) VIDEOSNACK'S TOTAL LIABILITY TO YOU, EXCEPT FOR VIDEOSNACK'S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO VIDEOSNACK OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
11. General Provisions
Choice of Law: This Agreement will be governed by the laws of Wyoming State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Choice of Venue; Jury Trial Waiver: Any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in Jackson City, Wyoming State, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, VIDEOSNACK AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Reservation of Rights, Severability, Force Majeure: VideoSnack reserves all rights not expressly granted herein. VideoSnack's rights and remedies are cumulative. No failure or delay by VideoSnack in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. VideoSnack will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and VideoSnack are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by VideoSnack or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not VideoSnack, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of VideoSnack. If you have a signed agreement with VideoSnack, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Notices: You must send any notices of a legal nature to us by email or at:VideoSnack LLC
680 S Cache Street, Suite 100
Jackson, WY 83001