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.

1. Acceptance

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.

This Agreement includes our Privacy Policy and the addenda listed in Section 11 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

2. Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

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.

2.1. Transactions

We may allow you to purchase digital goods available on VideoSnack. Those purchases can be:

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.

2.2. Monetization

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.

2.2.1. Economics

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:

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.

2.2.2. Taxes

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.

3. Accounts

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:

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:

You may file your notice by email to contact@videosnack.io

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:

You may file your notice by email to contact@videosnack.io

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:

5.3. Code of Conduct

In using our Services, you may not:

5.4. Prohibited Technical Measures

You will not:

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.

5.6. Accessibility

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:

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:

7.2 Indemnification

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).

9. Disclaimers

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:

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
Box 7414
Jackson, WY 83001
(508) 758-0478