1.1 The VIDEY platform accessible at VIDEYplay.com and other web addresses owned by the “Content Producer or Digital Influencer” é a media sharing site that allows users to upload of photos, videos and live streams to your profile, setting a monthly subscription price and therefore earn money by monetizing the content for subscribers also called fans. the VIDEY é operated by VIDEY, INC. with company registration number: 5255293 in the state of Delaware, governed by the laws from United States.
1.3 This website é offered and isá available for users over 18 years of age. By accepting these terms, you ê represent and warrant that you are of legal age to enter into a binding contract with us and meet all requirements previous eligibility. If youê does not meet all of these requirements, you should not; access or use the site.
1.4 We reserve the right to make changes to these Terms at any time and in our sole discretion. All changes are effective immediately when we post them and apply to all accesses and use of the Website after the update. By continuing to use VIDEY after such notice, you will agree to these Terms, as modified. You are expected to check this page periodically so that you please be aware of any changes as they are binding on you.
1.5 By using the VIDEY platform you will You agree to receive communications from us, including emails and messages posted to your VIDEY account. Youê acknowledge and agree that all communications we provide to you; electronically satisfy any legal requirement that such communications be in writing. If youê wish to withdraw our consent to receive communications from us at any time, please send an email to [email protected], notifying us of the withdrawal of your consent.
1.6 VIDEY does not manage the Content published by the User (Producer). All transactions and interactions of User Content on VIDEY are between Users and at no time VIDEY becomes part of any transaction or interaction between Users.
1.7 We reserve the right, at any time and without notice:
1.7.1 modify, suspend or terminate the Website hosted on the VIDEY platform or any part thereof;
1.7.2 restrict, limit, suspend or terminate your access to the VIDEY platform or any part thereof;
1.7.3 delete any content that you post on the VIDEY platform if, in our opinion, it does not comply with these Terms and/or applicable law;
1.7.4 monitor your use of VIDEY (including any content or messages that you post or transmit on the VIDEY platform) to verify compliance with these Terms and/or any applicable law;
1.7.5 investigate any suspected or alleged misuse of the VIDEY platform and cooperate with law enforcement in such investigation
1.7.6 disclose information about your use of the VIDEY platform in connection with law enforcement's investigation of any suspected or alleged illegal activity, or in response to a court order legitimate; or
1.7.7 change the payment or payment processor that allows you to make or receive payments as a user.
1.8 From time to time, we may restrict access to some parts of the website, or the entire website, for maintenance purposes.
2. How it works
2.1 VIDEY é an OTT platform that allows you to create a website, which in turn allows you to:
2.1.1 Upload and publish photos, videos and live streams for your subscribers to access and/or
2.1.2 Subscribe to another user's site to view otherwise restricted photos and videos.
2.2 The term "User" refers to all users, whether using the site to earn money (this is called: Content Producer) or to sign up with others (this is called a Subscriber).
2.3 The term "User Content" means any and all media uploaded by Users.
3. Account registration
3.1 In order to register and create an account at VIDEY, you ê must provide a valid email address, a username. É It is a condition of your use of the Website that all information you provide; provides on the Site are correct, current and complete. In financial transactions such as credit card or bank slip, é necessary to meet Brazilian standards, also provide full address and CPF number.
3.3 When adding a payment card, your card information is stored by a payment processor called Cielo; However, to the extent possible, VIDEY reserves the right to change the payment processors you use at any time and without notice. VIDEY does not store any payment card information.
3.4 If youê want to become a content producer, youê needá add a bank account and upload a valid ID document (the exact information needed will depend on your country). Your winnings will be paid into your bank account, either through one of our payment processors (Paypal, TransferWise) or via direct bank transfer (Available only for users who have a bank account in Brazil). With the exception of users seeking payment via bank transfer, VIDEY does not store any bank account information, which is; stored by our third-party payment processors.
3.5 By registering with VIDEY, you ê confirms that:
3.5.1 All account registration, profile information and content that you provides your property and the content é true and accurate;
3.5.2 if youê already had an VIDEY account, your old account has not been closed or suspended by the VIDEY platform for violation of these Terms;
3.5.3 you will not use; no third-party payment processor to accept payments for subscriptions, or any other service, via VIDEY;
3.5.3 you register with VIDEY for your own personal use and you not sell, rent; or transferá your account to third parties; e
3.5.4 VIDEY reserves the right, at any time, to verify the information you provide; you provide to us, as well as your compliance with these Terms, and to suspend your account if you are unable to comply with these terms.
3.6 Youê é fully responsible for any and all activity that occurs under your account and é responsible for keeping your login details confidential and secure. Youê agree not to disclose these details to any other person or entity and will immediately notify us at [email protected] if youê believe that someone has used or is; using your account without your permission or if your account has been subject to any other security breach. Youê You also agree to log out of your account at the end of each session. Youê should take special care when accessing your account on a public or shared computer, so that others cannot access, view, or record your password and other personal information.
3.7 We have the right to disable any username, password or other identifier chosen by you; or provided by us, at any time and in our sole discretion, for any or no reason, including if, in our opinion, you has violated any provision of these Terms.
4. Subscriptions, purchases and revenue payment
4.1 To access the content of a Content Producer User on the VIDEY platform, you must register on the desired website (if you have not registered on any website of the VIDEY Platform), then you must select a plan of access and the desired payment method to proceed with the access release. All purchases are final and NON-REFUNDABLE. However, you You may cancel your subscription renewal at any time by deactivating the "Automatic Renewal" option. located in "My Account" or by contacting us at [email protected], which will allowá that you access the User's profile untilé the end of the existing billing period, until that the subscription expires, suspending access to the content and not automatically renewing.
4.2 If a Content Producer uploads content, that content they must; comply with these Terms, that Producer User will have; entitled to 80% of the revenue generated by other Users who subscribe to the Producer's content. The payment will beá made on behalf of VIDEY to the uploading user.
4.3 The producer must undertake to deliver its content only through the VIDEY platform, and cannot use the platform only to receive payment. If found, the account may be suspended for an indefinite period.
5.1 All purchases made on VIDEY and the websites hosted by the platform are final and non-refundable. Youê has the right to cancel any subscription, for any reason and at any time, thus guaranteeing that youê will not be; charged again for that signature.
5.2 However, any purchase made on VIDEY and subsequently subject to a chargeback will result in; on the immediate and permanent deletion of the user's account from VIDEY, banning this user permanently from the platform.
6. Account Deactivation
6.1 If you wish to deactivate your VIDEY account, please contact VIDEY customer support at [email protected]to send your opt-out request. We will deactivate your account in untilé 10 working days after receipt of your request.
6.2 The deactivation of the producer's account may be carried out by our chargeback and fraud prevention team, if any suspicious action is detected. If the producer has a blocked balance, it will remain withheld for 180 days, which is the maximum period that credit card brands can process chargebacks.
7. Intellectual Property Rights
7.1 The Producer User undertakes to publish only content of his own authorship, or content from third parties, but with authorization.
7.2 Youê You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Site, except as follows:
7.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
7.2.2 you may store files that are automatically cached by your web browser for display-enhancing purposes; e
7.2.3 you you may print or download a copy of a reasonable number of pages from the Site for your personal, non-commercial, non-commercial use for further reproduction, publication or distribution ;ão.
7.3 If youê print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in violation of the Terms, your right to use the Site will be; canceled immediately and you shall, at our sole discretion, return or destroy any copies of the materials that you did.
7.4 In addition to the Producer User Content, no right, title or interest in or to the Site or any content on the Site é transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted in these Terms constitutes an infringement and may violate copyright, trademark and other laws.
7.5 VIDEY's name, logo and all product and service names, designs and slogans are trademarks of our affiliates or licensors. Youê You must not use these marks without our prior permission by written. All other names, logos, product and service names, designs and slogans on the website are the trademarks of their respective owners.
8.1 Subject to all terms, conditions, limitations and restrictions contained in these Terms, we grant you; a conditional, revocable, non-transferable, non-sublicensable license, is not exclusive and limited to the user of our website and to download and install a single copy of the VIDEY platform application on your mobile device for your own legal and personal use. Youê recognizes and agree that the above license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). any use of VIDEY that is not expressly permitted by these Terms é strictly forbidden. All rights not expressly granted herein are reserved by us.
8.2 We do not guarantee that the VIDEY platform is compatible with all devices and operating systems. É your sole responsibility to determine whether the VIDEY é compatible with your device. From time to time, we may make updates from VIDEY and make those updates available through the applicable website and/or app store (Apple iTunes for iOS devices or Google Play for Android devices).
9. Acceptable Use
9.1 We require all Users to respect and comply with these Terms below at all times when using VIDEY.
9.2 You can't:
9.2.1 use the VIDEY platform other than for your legal and personal use in accordance with these Terms;
9.2.2 impersonate us, one of our employees, another User or any other person or entity or state, suggest or otherwise misrepresent the affiliation, endorsement, sponsorship between you; and any another person or entity;
9.2.3 falsifying account registration information or making unauthorized use of third party information or content;
9.2.4 use the VIDEY platform in any way or for any purpose that is unlawful, including engaging in any activity that violates any right of any person or entity;
9.2.5 copy, reproduce, distribute, modify or create derivative works of any part of VIDEY without our express written permission;
9.2.6 use VIDEY for the purpose of exploiting, harming or attempting to exploit or harm minors in any way, exposing them to inappropriate content, soliciting personally identifiable information, or otherwise;< /p>
9.2.7 transmit or obtain the submission of any advertising or promotional material, including any “spam” or any other similar request outside your VIDEY account management platform;
9.2.8 engage in any other conduct that restricts or impedes any person's use or enjoyment of the Site, or which, as determined by us, may harm us or the Users of the Site, or expose them à responsibility;
9.2.9 create, upload, publish, display, publish or distribute User Content that:
(a) is obscene, illegal, fraudulent, defamatory, defamatory, hateful, discriminatory, threatening or harassing, or in any way incites à violence or any of the aforementioned prohibitions;
(b) violates another person's copyright, trademark, right of privacy, right of publicity or other personal property or right (for example, by using another person's name, likeness, likeness or other identity without proper consent);
(c) promotes or advertises escort services;
(d) promotes or publicizes firearms or other weapons, tobacco, drugs or instruments for drug use;
(e) promotes any illegal activity, or advocates, promotes or aids any illegal act;
(f) causes annoyance, inconvenience or unnecessary anxiety or é likely to annoy, embarrass, threaten or annoy any other person;
(g) involves commercial activities or sales, such as contests, sweepstakes and other sales, barter or advertising promotions;
(h) dá the impression that it emanates from or é endorsed by us or by any other person or entity, if not;
(i) contains images of minors (under the age of 18).
9.2.10 remove, delete, modify or tamper with any copyright, trademark or other proprietary rights notices contained in any User Content that you don't have it;
9.2.11 use the website in any way that could disable, overburden, damage or impair the website or interfere with your use of any other part of the website, including your ability to carry out activities in real time through the website;
9.2.12 decompile, disassemble, reverse engineer, or attempt to discover or derive VIDEY's source code;
9.2.13 interfere in any way with the operation of VIDEY or any server, network or system associated with the VIDEY platform, including without limitation: hacking, mail-bombing, flooding, overloading or ;denial; of service"; research, scan or test the vulnerability of the application or any server, network or system associated with the application; violate or circumvent firewall, encryption, security or authentication routines; access information not intended for you; or access another user's account that you is not; expressly authorized to access;
9.2.14 use the VIDEY platform for any unauthorized purpose, including, without limitation, for the purpose of building a competitive product or service, monitoring availability, performance or functionality of the application, or for any other competitive purposes;
9.2.15 use any program, tool or automated process (including, without limitation, web crawlers, robots, bot spiders and automated scripts) to access the VIDEY Platform or any server, network or system associated with VIDEY or to extract or collect content and/or information from VIDEY or its Users; or
9.2.16 delete all profile content preventing active subscribers from retaining access to subscribed content.
9.2.17 make any other use of VIDEY that violates these Terms or any applicable law.
9.3 Any posted content that is reported by another User, and that is deemed unacceptable by the VIDEY platform, will be deemed unacceptable by the VIDEY platform. deleted and the User notified by email. Users who repeatedly violate our usage policy can be turned off. If we become aware that a user platform VIDEY é under age, we will disable the user's account immediately and delete all information and content that user from the VIDEY servers. If youê é a parent or legal guardian and you become aware that your minor child has registered on the VIDEY platform, please notify us immediately at [email protected]
9.4 By registering an account on the VIDEY platform, you ê declares and warrants that:
9.4.1 you is 18 years of age or older;
9.4.2 you fulfillá these Terms in full;
9.4.3 you assumes full responsibility for the use of VIDEY on any device, whether or not owned by you;
9.4.4 you accepts full responsibility for any User Content created or provided by you; e
9.4.5 your use of VIDEY will not infringe; these Terms or any applicable law.
9.5 If youê are using VIDEY on behalf of a company or other entity, youê guarantees that you are á authorized to grant all licenses set forth in these Terms and which are authorized to bind the company or other entity to these Terms.
10. User Content
10.1 By creating and publishing Content on the VIDEY platform, you authorizes its Subscribers to access and view (without downloading or copying) its content on the VIDEY website or authorized websites, for its own legal and personal use. Youê also represents, warrants and assumes that:
10.1.1 you owns, has a valid license to, or otherwise controls all rights in and to your Content;
10.1.2 to the extent your Producer Content includes or uses any third party property, you guaranteed all rights, licenses, consents and releases necessary for the use of such property third parties in your User Content; e
10.1.3 your Content is not; confidential and will be made available to its subscribers through the VIDEY platform.
10.2 You grants us and our licensors, successors and assigns the right to use, reproduce, modify, perform, display, distribute and disclose to third parties any such material.
10.3 You understands and acknowledges that é You are responsible for any Content you submit or contribute and have full responsibility for such Content, including its legality, reliability, accuracy and suitability.
10.4 You shall indemnify us, our licensors, successors and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profits, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable business costs and expenses incurred or incurred arising out of or relating to your Content.
10.5 We are not responsible to third parties for the content or accuracy of any Content posted by you; or by any other VIDEY user.
10.6 By registering with VIDEY, you ê You also agree to act as a protector of the content you share with us. load on the VIDEY platform.
10.7 Any queries about the Publisher Contents can be clarified by email: [email protected]
11.1 To comply with the US Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to appropriate notices of infringement. the copyright and we will take appropriate action, including removing or disabling access to the Content of the allegedly infringing User and, if deemed appropriate by VIDEY, terminating the account of the User who posted the Content.
11.2 To notify us of alleged copyright infringement, please contact our customer support team via email: [email protected]
11.3 Pursuant to the DMCA, a notice of copyright infringement must include all of the following:
11.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be being violated;
11.3.2 identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notice, a representative list of such works;
11.3.3 identification of material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow the provider to of service locate the material;
11.3.4 information reasonably sufficient to enable the service provider to contact the complaining party, such as an address, telephone number and, if available, an email address in which the complaining party can be contacted;
11.3.5 a statement that the complaining party believes in good faith; that use of the material in the manner claimed is not being used; authorized by the copyright owner, its agent, or the law; e
11.3.6 a statement that the information contained in the notice is accurate and, under penalty of perjury, that the complaining party is; authorized to act on behalf of the owner of a exclusive right that is supposed to be being infringed upon.
11.4 If we remove or disable access to your Content in response to a DMCA notice of alleged copyright infringement, we will make reasonable efforts to notify you and you ; powerá make a written counter-notification.
11.5 A DMCA counter-notification must include all of the following:
11.5.1 your physical or electronic signature;
11.5.2 identification of the material that has been removed or access to which has been disabled and the location where the material appeared before it was removed or access to it was disabled;
11.5.3 a statement by you, under penalty of perjury, that you believes in good faith; that the material was removed or disabled as a result of error or misidentification; and your name, address and telephone number, and a statement that you agree with the jurisdiction that you is á located and that youê acceptá the process service of the person who submitted notification of copyright infringement or an agent of such person.
11.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and reinstate your User Content that was removed or disabled within 30 business days after receipt of the counter-notice, unless the party alleging copyright infringement first notifies us that he/she has filed a lawsuit against you.
11.7 Please note that, pursuant to the DMCA, any person who knowingly makes material misrepresentations in an alleged infringement notice or counter-notification may; to be liable for damages.
12. Linking to website and social media resources
12.1 Youê you may link to our home page, as long as you do so in a fair and legal manner and do not harm our reputation or take advantage of it, but you must not establish a link in order to suggest any form of association, approval or endorsement on our part.
12.2 The Website may provide certain social media features that allow:
12.2.1 link from your own or third-party websites to certain content on the website;
12.2.2 send emails or other communications with certain content, or links to certain content, on the website;
12.2.3 cause limited portions of the content of this website to be displayed or appear to be displayed on your own website or on third party websites.
12.3 You you may use these features only as they are provided by us, only in relation to the content they are displayed on. However, you should not:
12.3.1 establish a link from any website that is not owned by you;
12.3.2 cause the Site or parts of it to be displayed or appear to be displayed by any other website, e.g. frames or in-line links;
12.3.3 link to any part of the site other than the home page; or
12.3.4 otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
12.4 You You agree to cooperate with us to stop any unauthorized frames or links immediately. We reserve the right to withdraw the linking permission without prior notice.
12.5 We may disable any or all social media features and any links at any time without prior notice in our sole discretion.
13. Website Links
13.1 If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banners advertisements and sponsored links. We have no control over the content of these sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If youê decide access any of the third party websites linked to this website, you ê you do so entirely at your own risk and subject to the terms and conditions of use of such sites.
14. Disclaimer of Warranties; Limitations of Liability
When using the VIDEY platform, youê acknowledges and agrees as follows:
14.1.1 the VIDEY platform and all its services and features are provided without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to the VIDEY platform and all its services and features, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. no we disclaim any liability arising from any reliance placed on such materials by you; or any other visitor to the site, or by any person who may be informed of any of its contents. We also do not guarantee that the VIDEY platform and all its services and features will be available at any specific time or place; that the VIDEY platform and all its services and features will be secure, uninterrupted and error-free; that any defect or error will be adjusted; or that the VIDEY platform and all its services and features will be free of viruses and other harmful components. Youê é responsible for implementing sufficient procedures and checkpoints to satisfy your specific anti-virus protection and data input and output accuracy requirements and to maintain a external means to our site for any reconstruction of lost data. Untill; the maximum limit provided by law, we will not be liable for any loss or damage caused by a denial attack service provider, viruses or other technologically harmful material that may infect your computer, computer programs, data or other materials due to your use of the Site or any services or items obtained through the Site or by downloading any material posted on it or any site linked to it. Your use of VIDEY and its services and resources will be solely and entirely at your own risk, the foregoing above does not affect any warranty that cannot be excluded or limited by applicable law;
14.1.2 the VIDEY platform does not guarantee or guarantee that the use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, as the VIDEY platform may need to maintain our maintenance ;ãof the Website periodically. However, the VIDEY platform will doá the effort to carry out any maintenance of the Website between 4:00 am and 8:00 am (Brazilian time) and effort will be made; to provide advance notice whenever possible;
14.1.3 under no circumstances will the VIDEY platform be used; liable under contract, tort, negligence, strict liability or any other legal or equitable theory for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, profits, data or information, or loss of goodwill or business opportunity) arising out of or relating to your use of (or your unavailability service) any of its services or features, nor shall the VIDEY platform be held liable if User Content is illegally distributed by another User, however, where such distribution ;O occur, please contact us, as we will be happy to help prevent such a further distribution, when we are able to do so.
15. User indemnity
15.1 When using the VIDEY platform, you ê agrees to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from any claims, demands, causes of action, actions, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to any of the following:
15.1.1 your use of VIDEY or any of its services or features;
15.1.2 any Content created, published or otherwise made available on the VIDEY platform by you
15.1.3 any transaction or interaction between you and any other VIDEY User; and/or
15.1.4 your breach of these terms or any applicable law.
16. Applicable Law and Dispute Resolution
16.1 Youê and we agree that these Terms will be governed by and construed in accordance with the laws of Brazil and that any dispute between you; and not in relation to the VIDEY platform or arising from / related to these Terms will be resolved exclusively in the courts of Brazil.
16.2 Except where prohibited by applicable law, any claim or cause of action by you; in connection with the VIDEY platform or arising out of or relating to these Terms must be filed within one year after such claim or cause of action has arisen or is prohibited.
17. Waiver and Divisibility
17.1 No waiver of any term or condition set forth in these Terms will be; considered, these terms must be fully accepted in their original form.
17.2 If any provision of these Terms is held by a court or other court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall; be eliminated or limited to a minimum extent such that the remaining provisions of the Terms will continue in full effect.
18. Comprehensive Agreement
18.1 The Terms constitute the "sole and complete agreement between youê and no with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both by written and oral in connection with the Site.
If youê have questions, comments, complaints or concerns about the VIDEY platform, please contact our team via email: [email protected]