Terms of use
TERMS AND CONDITIONS OF USE OF WEB SITE
This web site, Worldme.tv (the "Worldme Site"), is operated by Worldme LLC. ("WorldMe"). WorldMe is a user-generated video content agency that provides a video exchange, video hosting platform, and video player. Worldme provides access to user-generated videos and other content ("Content") via the Worldme Site, via the Worldme video player application (the "Worldme Player") and otherwise, including through mobile apps and syndication (collectively, the "Worldme Service" or "Platform"), under certain terms and conditions as set forth below. No person under the age of 17 is permitted to use the Worldme Site.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
By using the Worldme Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Worldme reserves the right, in its discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your use of the Worldme Service subsequent to the posting of any change(s) to the Terms of Use will be deemed your acceptance of such change(s).
RESTRICTION ON USE OF THE CREATORS COMMENTS, LIVE CHAT & FORUM
Worldme may from time to time offer an online forum, live chat and comments for "Creator Discussions" (the "Forum") where users of the Worldme Service and creators of Content may discuss matters pertaining to the Content and/or the Worldme Service. Your participation in Comments or the Forum is entirely voluntary. As participation may occur in real time and therefore you or others may post something to comments or the Forum that has not been edited, censored or otherwise controlled by Worldme. Notwithstanding the foregoing, Worldme reserves the right to monitor messages on Comments and the Forum and to remove messages which Worldme in its sole discretion determines to be unacceptable, inciting violence, harmful, offensive or otherwise in violation of these Terms of Use. Worldme is not responsible nor liable for any failure or delay in removing such messages, or for the removal of any messages it deems inappropriate for any reason at its sole discretion.
The following additional rules apply to the Forum:
-
You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person or entity. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
-
You may not post or transmit any message that would violate the rights of others, including but not limited to the unauthorized use, publication or disclosure of copyrighted materials, trade secrets or other confidential or proprietary information.
-
You may not post anything that uses trademarks or service marks in an infringing fashion.
-
You may not interfere with another user's use or the functionality of the Forum.
-
You may not post or transmit any message which is abusive, inciting violence, harassing, harmful, hateful, anti-Semitic, racist or threatening.
-
You may not post or transmit any messages pertaining to charity requests, petitions for signatures, requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the Worldme Service.
-
You may not post or transmit any advertising or any other solicitation of other users of the Forum for goods or services other than the Worldme Service.
-
You may not use the Forum to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger.
RESTRICTIONS ON AUTOMATED SOFTWARE
You are prohibited from employing any form of automated software to interact with or access the Worldme Site, including but not limited to programming scripts, bots, or any other automated means, without the prior written permission of Worldme.
LINKS AND THIRD-PARTY SITES
The Worldme Service may provide third-party search facilities, such as Google searches, and thereby produce third party advertisements and/or third party search results. The Worldme Services and/or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by Worldme ("Third-Party Site(s)"). Worldme is not responsible for the content of Third-Party Sites. Products and services on Third-Party Sites are the sole responsibility of each individual vendor or operator of such Third-Party Site. The inclusion and/or availability of such links to Third-Party Sites does not imply endorsement of such Third-Party Sites or any content, information, material, products or services provided on such Third-Party Sites, nor does it imply any association with the operators of such Third-Party Sites. Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You will need to make your own independent judgment regarding your interaction with Third-Party Sites. Worldme makes no representations or warranties whatsoever concerning;
-
the information, software or other material appearing on, or accessible through, any Third-Party Site (including without limitation, any advertisement for products or services on any Third-Party Site);
-
the performance or operation of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith and any use by third-parties of user credit card information);
-
any products or services advertised or sold on or through any Third-Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof);
-
the sellers of any products or services advertised or sold on or through any Third-Party Site; or
-
the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites.
If you decide to access any of the Third-Party Sites, you do so entirely at your own risk. If you are accessing a Third-Party Site through a link via the Worldme Service, you are advised to read any terms of use and privacy policy of such Third-Party Site before you use such Third-Party Site.
You understand, acknowledge, and agree that where the Worldme Player is licensed for use by a third-party, such third-party may be using the Worldme Player for certain purposes or to display certain content, that is not content owned, controlled, distributed, authorized or endorsed by Worldme.
ACKNOWLEDGEMENT OF THIRD-PARTY TERMS
Some Worldme applications may include a feature that integrates streaming capabilities with YouTube and other platforms such as Meta/Facebook, X (formerly known as Twitter), and Twitch. If you stream your content directly to YouTube, you are agreeing to be bound by the YouTube Terms of Service, available at https://youtube.com/t/terms. Access to the YouTube streaming integration feature is conditional upon your acceptance of the YouTube Terms of Service. If you stream your content directly to Facebook, you are agreeing to be bound by the Meta/Facebook Terms and Policies, available at https://www.facebook.com/policies_center/. Other platform terms and conditions may likewise apply. Please refer to those platforms' terms of service for details.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all Content and materials available on WorldME.TV and/or through the WorldME services are safeguarded by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and that their usage is limited by the terms of this Agreement and applicable statutory and common laws.
WorldME, WorldME.TV, the WorldME Player, and WorldME product and service names are trademarks and/or service marks (the "WorldME Marks") and are sole property of WorldME. You will not display or use WorldME Marks, that would infringe WorldME's rights, without WorldME's prior approval.
Unless explicitly authorized by WorldME, you agree to refrain from selling, reselling, exploiting for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of any Content, including but not limited to video, images, sounds, and text appearing on or via the WorldME service. Systematic retrieval of data or Content from the WorldME service to create or compile, directly or indirectly, a collection, compilation, library, database or directory without prior written permission from WorldME is prohibited. The use of Content or materials appearing on or via the WorldME service for any purpose not expressly permitted in these Terms of Use is prohibited.
GENERAL WORLDME PLAYER LICENSE TERMS
Use of the WorldMe Player is subject to any relevant license agreements for the use of the WorldMe Player.
The following terms and conditions are applied to the use of the WorldMe Player, subject to any specific license agreements that may replace and/or supersede these general license terms.
GRANT OF LICENSE
WorldMe hereby grants you a non-exclusive license to use the WorldMe Player subject to these terms:
You may:
-
Use the WorldMe Player on a single computer;
-
Use the WorldMe Player on a second computer provided that the first and second computers are not used simultaneously;
-
Copy the WorldMe Player for backup and archival purposes, ensuring all WorldMe Player's original proprietary notices are included.
You may not: -
Allow others to use the WorldMe Player on your computer(s) except under the conditions above;
-
Modify, translate, reverse engineer, decompile, disassemble (except to the extent prohibited by law) or create derivative works based on the WorldMe Player or WorldMe Player documentation ("Documentation");
-
Copy the WorldMe Player or Documentation (except for back-up purposes);
-
Resell, rent, lease, transfer, or otherwise transfer rights to the WorldMe Player or Documentation;
-
Remove any proprietary notices or labels on the WorldMe Player or Documentation.
This license does not grant you any rights to enhancements or updates, nor any rights to grant sublicenses, to the WorldMe Player.
Title, ownership rights, and intellectual property rights in and to the WorldMe Player and Documentation remain with WorldMe. The WorldMe Player is protected by copyright laws of the relevant jurisdictions and international copyright treaty. Title, ownership rights, and intellectual property rights in and to Content accessed through the WorldMe Player, including any Content in the WorldMe Player media demonstration files, belong to the respective content owner and are protected by applicable copyright or other laws. This license does not provide you rights to publish, disseminate, or otherwise use such Content.
DISCLAIMER OF WARRANTY
The WorldMe Player and Documentation are supplied "AS IS" and come without any warranty of any kind. To the maximum extent permissible by relevant law, WorldMe disclaims all warranties, express or implied, including but not restricted to, implied warranties of merchantability, fitness for a specific purpose, and non-infringement. The entire risk associated with the use or performance of the WorldMe Player and Documentation resides with you. To the greatest extent allowed by relevant law, WorldMe and its suppliers shall not be liable for any direct, indirect, special, punitive, incidental, or consequential damages whatsoever (including but not restricted to damages for loss of profits, business disruption, loss of business information, or other monetary losses) resulting from this Agreement or the use or inability to use the product, even when WorldMe has been informed of the potential for such damages. As some states/jurisdictions do not permit exclusion or limitation of liability for incidental or consequential damage, the previous limitation may not apply to you.
COMPLAINT PROCEDURE
To report Content you believe violates WorldMe.tv's policies, please email moderation@WorldMe.tv. Use the term "Complaint" in the subject line, and include the following details in your email:
-
Your name, email address, and, if registered, your user ID.
-
The basis of your complaint (Provide as much detail as possible).
-
If your complaint pertains to other users/visitors' activities on the WorldMe.tv Site, identify the specific inappropriate or offensive behavior and, as far as possible, the identity of the offender.
-
If your complaint relates to specific Content, provide the URL for the video that is the subject of your complaint, timestamps within the video where the alleged violative Content appears, and the reason for your Complaint.
A customer service representative will make effort to respond to your email and if, in WorldMe.tv's determination, your complaint is valid, WorldMe.tv will take actions as it sees fit at its sole discretion, and bears no responsibility to report to you at any time the status or outcome of its investigation or any actions taken as a result.
AGENCY AGREEMENT
If you are a creator and submit Content to the WorldMe.tv Service via your WorldMe.tv account, your relationship with WorldMe.tv is that of principal and agent ("Agency") and subject to the terms and conditions herein that govern this relationship (the "Agency Agreement").
Appointment of Agent. As the principal (the "Principal" or "you"), you may submit video Content for publication and management by WorldMe.tv as your agent ("Agent"). By submitting Content to WorldMe.tv and upon acceptance by WorldMe.tv such Content on the WorldMe.tv Service under either Agency Options "A" or "B", you are appointing WorldMe.tv as your exclusive, worldwide, perpetual Agent for such Content, and granting WorldMe.tv the exclusive rights - distribution, display, replication, licensing, renting, selling, monetizing, and other exploitation - to the Content in any medium, on any kind of display device, globally, for the Agency Term as defined below (the "Agency Rights"). The Agency Rights also include WorldMe.tv's right to sue in its own name as plaintiff for infringement or other inappropriate or illegal usage of the Content and to seek in such lawsuit all damages or other relief available under law and equity to which you and/or WorldMe.tv are entitled.
On appointing WorldMe.tv as your Agent and granting the Agency Rights to WorldMe.tv, you agree to not distribute, display, replicate, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any display device, globally, for the Agency Term. The Agency Term is a period of 50 years starting from when you enter this Agreement. The term will continually renew for further 50-year periods unless either party provides written notice of its intention not to renew the term 90 days before the termination of the current Agency Term.
There are four (4) types of Agency Options available under this Agreement: Options A, B, C and D. You are required to select one during the Content submission process; this selected Option cannot be changed later without express written permission from WorldMe.tv. If you opt for Options A or B, you are mandated to not remove the video from the WorldMe.tv Player for the duration of the Agency Agreement.
-
Video Management Option (Option "A"): This option entitles you to receive Creator Earnings (defined and calculated per the section below titled "Collection of Earnings").
-
Video Management (Excluding YouTube) Option("Option B"): You qualify for Creator Earnings in this case. However, WorldMe.tv will not publish your Content on YouTube.com; it will distribute your Content on all media and channels except YouTube.com which is excluded explicitly.
-
WorldMe.tv Only Option (Option "C"): WorldMe.tv will publish your Content through the WorldMe.tv Player and act in the capacity of your Agent solely in respect to publication via this channel. All other channels and media are excluded explicitly from WorldMe.tv's Agency. You will receive Creator Earnings. With this Option, you can remove Content from the WorldMe.tv Player at any time.
-
Personal Use Option (Option "D"): WorldMe.tv will exclusively publish your Content on WorldMe.tv's Video Player or WorldMe.tv-owned websites. WorldMe.tv shall not monetize your Content. No Creator Earnings will be payable to you. As with Option C, here too, with Option D you can remove Content from the WorldMe.tv Player at any time.
TERMS APPLICABLE TO WORLDME.TV'S CUSTOM VIDEO PLAYER SERVICE
If you have chosen to subscribe to WorldMe.tv's Custom Video Player Service (the "Custom Player Service" or "C Subscription"), or participate in a trial CPS Subscription, the following distinct terms and conditions will apply in addition to all other relevant terms and conditions as laid out in the Terms of Use on the WorldMe.tv Site.
Selection of a CPS Subscription
When selecting a CPS Subscription as offered by WorldMe.tv from time to time, the terms, features, and pricing of your selected CPS Subscription will be described during the CPS Subscription selection procedure via the WorldMe.tv Site (the "CPS Features and Pricing"). All CPS Subscriptions are monthly and renew automatically for further months until cancelled.
WorldMe.tv reserves the right to modify any terms, features, or pricing of CPS Subscriptions at any moment, all such changes will take effect after thirty (30) days' notice or as otherwise communicated to you by WorldMe.tv.
Payment
By choosing a CPS Subscription, you commit to pay the linked fees (the "CPS Subscription Fee") for the CPS Subscription and authorize WorldMe.tv to charge or debit your agreed-upon payment method monthly for the CPS Subscription Fee and any other charges. All CPS Subscription Fees are paid in advance and billed monthly, except where provisions for the Upgraded Plan are set out below.
Bandwidth Usage
Each CPS Subscription offers a specified maximum amount of bandwidth (the "Maximum Allotted Bandwidth") that you can use during each monthly CPS Subscription period ("Monthly Subscription Period"), starting on the date of your CPS Subscription ("Subscription Start Date") and ending on the monthly anniversary date of your Subscription Start Date ("Subscription Anniversary Date"). Any part of the Maximum Allotted Bandwidth that goes unused during a specific Monthly Subscription Period won't "roll over" and can't be applied to any upcoming Monthly Subscription period.
You bear the responsibility of monitoring and managing bandwidth usage, accessible through the WorldMe.tv dashboard, during the Monthly Subscription Period. While WorldMe.tv may, it is not obligated to notify you if you have expended or are likely to use your Maximum Allotted Bandwidth.
Bandwidth Overage Procedure
Unless otherwise specified in the CPS Features and Pricing applicable to your CPS Subscription, once you utilize the Maximum Allotted Bandwidth, and without any duly received Notice of Overage Disablement (as defined below), your CPS Subscription will automatically and instantly (the "New Subscription Start Date") upgrade to the next superior CPS Subscription plan available and described in Subscription Features and Pricing on the WorldMe.tv Site ("Upgraded Plan"). Your Subscription Anniversary Date will reset immediately and automatically, with all features and pricing of the Upgraded Plan becoming effective and relevant to your CPS Subscription as of the New Subscription Start Date. This Bandwidth Overage Procedure will continue to apply to each Upgraded Plan, so that your CPS Subscription is automatically and instantly upgraded to the next superior plan each time you reach the Maximum Allotted Bandwidth, including but not limited to an already Upgraded Plan. You're agreeing to the automatic implementation of your Upgraded Plan upon reaching the Maximum Allotted Bandwidth for your initial or subsequent Upgraded Plan per the Bandwidth Overage Procedure by choosing WorldMe.tv as your Agent and granting WorldMe.tv the Agency Rights, and authorizing WorldMe.tv to charge or debit your agreed payment method for the applicable CPS Subscription Fee in respect of the Upgraded Plan commencing upon the new Subscription Start Date in respect of each applicable Upgraded Plan.
If you don't wish to use or be upgraded to an Upgraded Plan according to the Bandwidth Overage Procedure, you're required to notify WorldMe.tv in writing via WorldMe.tv Billing department (billing@worldme.tv) prior to any Bandwidth Overage, of your intention to disable any Bandwidth Overage connected with your CPS Subscription, effective once you reach the Maximum Allotted Bandwidth ("Overage Disablement") for your current CPS Subscription ("Notice of Overage Disablement"). Your Notice of Overage Disablement will only apply to your current Monthly Subscription Period, and you'll need to notify WorldMe.tv again for any requested Overage Disablement for any subsequent Monthly Subscription Period. In the absence of a duly received receipt of Notice of Overage Disablement compliant with these terms, you will be automatically upgraded to the Upgraded Plan once you use the Maximum Allotted Bandwidth per these terms.
Refunds and Cancellation
You authorize WorldMe.tv to charge or debit your agreed payment method monthly for the applicable CPS Subscription Fee starting from the expiry of the initial 30-day Free Trial period unless at least five days before such expiry you notify WorldMe.tv of your intent to cancel at billing@worldme.tv.
Payment Methods
WorldMe.tv may offer particular payment methods for CPS Subscription Fees from time to time. If a credit card or debit card is allowed as a payment method and the relevant CPS Subscription Fees can't be charged or debited to such payment method, you acknowledge and agree that if the credit card or debit card is not working, due to expiry or otherwise, then upon expiry of any paid part of your CPS Subscription period, all CPS Subscription services may be deactivated without notice to you. You are solely accountable for ensuring that all allowed payment methods are current and capable of covering all applicable CPS Subscription Fees, including but not limited to all CPS Subscription Fees payable for Upgraded Plans.
Content and Advertisements for CPS Subscription Service
You acknowledge and agree that when you monetize your Content on the WorldMe.tv Site or engage in activity as a WorldMe.tv Publisher, as defined in the Terms of Use, all terms applicable to the WorldMe.tv Player set out in the Terms of Use shall apply.
If your CPS Subscription includes Content and/or advertising provided by you, you acknowledge and agree that you are solely accountable and/or liable for all such Content and/or advertising and that you indemnify and hold WorldMe.tv harmless in compliance with all indemnification terms stated in the Terms of Use.
PUBLISHING AND DISTRIBUTION OF CONTENT VIA THE WORLDME.TV SERVICE
WorldMe.tv may, but is not obliged to, publish and display your Content through numerous media channels and in various formats via the WorldMe.tv Service, solely at its commercial discretion based on the Agency Option you select. WorldMe.tv reserves the right to decline or reject any Content submitted to the WorldMe.tv Service
INTELLECTUAL PROPERTY
You assert, declare, and warrant that you possess the legal authority to submit the Content to the WorldMe.tv Service, that you possess all necessary rights and authority to appoint WorldMe.tv as your Agent in accordance with the selected Agency Option as described herein, and that you are legally entitled to enter into the Agency Agreement.
Moreover, you represent and warrant that any Content submitted does not encompass third-party copyrighted material, or material subject to other third-party proprietary, intellectual property, or contractual rights or interests unless you have explicit written permission from the rights holder of the Content to enter this Agreement. Should you assert that you have obtained such rights from a third party, you agree to provide written evidence of the same immediately upon request by WorldMe.tv. You are required to procure such written permission before submitting such Content to the WorldMe.tv Service. This written permission must not be restricted in any manner, should be exclusive, and should remain in effect for the duration of this Agreement.
Any transgression or other violation of a third party's rights concerning the Content submitted by you to the WorldMe.tv Service and which has been identified by WorldMe.tv or a third party as such, may result in the immediate removal of such Content without notice to you. WorldMe.tv strictly adheres to all applicable intellectual property laws and regulations. You hereby agree to indemnify and hold harmless WorldMe.tv, its agents, employees, contractors, directors, officers, and shareholders against any allegations, demands, claims, investigations, or disputes resulting from your submission of Content to WorldMe.tv and/or monetization of your Content, insofar as it relates to any transgression or violation of the intellectual property rights, proprietary rights, contractual rights, or any other rights of a third party.
You understand and agree that, apart from the Assignment Option discussed below, this Agency Agreement does not confer ownership of any copyright for or in the Content to WorldMe.tv, and all payments made to you per this Agreement are earnings from the monetization of your Content, reduced by expenses and WorldMe.tv's Agency Fees (as defined below) and are not royalties or license fees. If you receive payments from WorldMe.tv as the person authorized by the creator or rightsholder to retain WorldMe.tv as Agent, you indemnify and hold harmless WorldMe.tv against any claim by the creator or rightsholder concerning your receipt of such payments and in respect of WorldMe.tv's Agency.
Monetization and Rights Applicable Under Option "A" and "B"
If you have chosen either Option "A" or Option "B", for monetizing your Content, WorldMe.tv may, in its sole commercial discretion and on your behalf, grant, sell, and execute License(s) (as defined herein) to the Content with you being the Licensor, subject to WorldMe.tv being your attorney in fact for effecting such License(s) with the Licensee, as defined below. You authorize such Licensee to use the licensed Content in any media for any purpose globally. For this paragraph, a "License" implies any contractual agreement organized between WorldMe.tv as your unique Agent and a third party (a "Licensee") regarding the latter's exploitation of your Content. If WorldMe.tv chooses to enter into a License for your Content only, or includes Content from other creators with your Content in a single License, you grant WorldMe.tv the authority, liberty, and right: i) to do so, ii) to do so without seeking your further consent or providing notice to you, iii) to do so in its own name. In that event, WorldMe.tv, acting as your Agent, will be listed as the unique nominative "licensor" in that License. You (and any other creator whose Content is included in the License) will be an Undisclosed Principal in that License. Any compensation paid by the licensee will not be deemed licensee fees or royalties to WorldMe.tv. You also authorize WorldMe.tv to disclose or not disclose your name as a real-party-in-interest Licensor. You grant WorldMe.tv the authority to prosecute any claims against the other party to the License or to defend claims asserted by the other party to the License ("Litigation") without seeking further consent from you or providing notice to you. WorldMe.tv controls the Litigation, is responsible for all costs and attorneys' fees, and can seek, recover, and retain any damages or other compensation from the other party to the License in the Litigation, without providing any notice or accounting to you. WorldMe.tv will defend and indemnify you concerning any claims made against you unless you are alleged to have committed the act or acts that are alleged to constitute the breach. If this occurs, WorldMe.tv reserves the right to demand that you defend and indemnify it as to such claims, which you agree to do.
By submitting Content to WorldMe.tv under Option "A" or Option "B", you are irrevocably agreeing to appoint WorldMe.tv as your sole, worldwide, exclusive, and perpetual Agent with respect to the Content and all rights related to it. You specifically authorize WorldMe.tv as your Agent to combine the Content with other materials and alter, modify, and crop the Content at WorldMe.tv's sole discretion. You waive any reservation of moral rights in and to the Content.
As your Agent for the Content under Option "A" or Option "B", WorldMe.tv may register copyrights worldwide on your behalf, with you (or the party authorized you to enter this Agreement) listed as the copyright claimant. WorldMe.tv is not liable for any delay or defect in attempts to register the copyright in any Content. As your Agent for the Content, WorldMe.tv may enforce your (or that third party's) copyright or other intellectual property rights in the Content, including but not limited to making a claim or commencing legal proceedings. You agree to fully cooperate. You acknowledge and agree that WorldMe.tv shall at no time and in no manner be obliged to make any efforts as your Agent pursuant to this provision. You appoint WorldMe.tv as your (or that third-party's) attorney in fact for executing any document or taking any step in furtherance of the rights granted herein.
Where WorldMe.tv as Agent takes steps to enforce the copyright in your Content, WorldMe.tv has sole control and decision-making power over any demand, claim, proceeding, or settlement. If required by the law that you be a named plaintiff, you agree to be so named. In that situation, WorldMe.tv continues to control the action as described above, continues to pay all fees and costs incurred in that action, and you agree to cooperate with WorldMe.tv. It is understood and agreed that any C-Suite officer (CEO, COO, CTO, CFO) of WorldMe.tv may execute documents pursuant and exercise any power of attorney you have
Recovery Through Copyright Enforcement
You, or if you are entering this Agreement under authority of a third-party rights holder, shall not issue any demand, or initiate any claim or proceedings to enforce any rights in any Content submitted to WorldMe.tv under Agency Option "A" or "B", except with WorldMe.tv's express authorization, which may be denied if WorldMe.tv elects to take control of such enforcement measures. In such case, WorldMe.tv shall indemnify you (or the applicable third-party rights holder) from and against any damages, legal fees, and costs directly attributable to such enforcement measures. If WorldMe.tv authorizes you to take enforcement actions, then you will be solely responsible for all charges in that action.
Recovery by WorldMe.tv as Agent
In the event of any claim or demand made by WorldMe.tv, or if legal proceedings are initiated by WorldMe.tv on your behalf as your Agent (as opposed to WorldMe.tv being the copyright owner under the Assignment Option set out below) and such claim or proceeding results in a payment from a third party to WorldMe.tv, WorldMe.tv shall be entitled to deduct from such proceeds: a) all associated legal fees and expenses incurred or payable by WorldMe.tv, and b) if the amount exceeds the subsection a) amount by at least USD $1,000.00, a management and enforcement fee equal to the remainder of the proceeds less USD $1,000.00, implying that the maximum you can receive in such event is USD $1,000.00.
WorldMe.tv's Option to Acquire Content Copyright via Assignment under Option "A" or "B"
If you have chosen either Option "A" or "B", and WorldMe.tv finds that it requires your copyright to be assigned to it, then WorldMe.tv shall have the option, at any time, for the Copyright Assignment Fee, to carry out the assignment of Copyrights to WorldMe.tv, and this Agreement will serve as your written instrument for doing so. If you are entering under the authority of a third-party rights holder, you assert and warrant that you have the authority to agree to the same on behalf of such third-party rights holder.
If you have chosen Option "A" or "B", you appoint WorldMe.tv as your Attorney in Fact for any such Assignment, and grant WorldMe.tv the actual authority, right, and permission, as your Attorney in Fact, to execute a separate Assignment document.
"For Value Received, the sufficiency of which is hereby acknowledged, [your name], an individual residing in the state of [your state of residence] ("Assignor") hereby assigns all copyright in description of the Content being assigned to WorldMe.tv ("Assignee"). Assignor represents and warrants that a copyright exists in the Content, that Assignor owns all rights to that copyright, that the copyright has not been previously assigned or licensed, that Assignor has the rights to assign the copyright in the Content to Assignee, that no dispute or potential dispute exists regarding the copyright or Assignor's ownership, and that Assignee may register the copyright in Assignee's name. This Assignment includes the sole right to seek, recover, and retain any damages for past, present, and future copyright infringement, without notice or accounting to Assignor.
Executed this _ day of , 20__, at [your location].
By: _____________________
Name: _______________
Title: WorldMe.tv _______
Attorney in Fact for [your name].
If you have chosen either Option "A" or "B", and if WorldMe.tv so requests, you shall cooperate in executing any additional instruments or assignments of Copyrights reasonably necessary to effect the assignment, transfer, and enforcement of the Copyrights in the Content. You appoint WorldMe.tv as your attorney in fact for executing any instrument or assignment reasonably required to effect this provision and to assign and transfer Copyrights.
The Copyright Assignment Fee payable by WorldMe.tv to you shall be:
-
The maximum publicly available licensing fee for your Content, to a maximum of USD $500; and
-
An additional USD $500 in consideration of the assignment.
Upon assignment of Copyright, all rights, titles, interests, and goodwill, including the right to enforce intellectual property rights in and to the Content, including WorldMe.tv's exclusive right to seek, recover, and retain all past, present, and future damages, attorneys' fees, enhanced or punitive damages, license fees, and royalties related to the Content, shall be transferred to WorldMe.tv."
COLLECTION OF EARNINGS
As an Agent, WorldMe.tv is authorized to collect any applicable earnings ("Earnings") derived from the publication, licensing, display, and/or other use ("Use") of your Content on your behalf according to this Agreement. The Earnings payable to you after deducting the relevant amounts are referred to and defined here as the "Creator Earnings".
Creator Earnings are established by applying the suitable Agency Fee (see table below) to the Earnings and then deducting any applicable third-party processing fees, administration fees, any amounts due to a WorldMe.tv publisher/syndication partner, hosting costs, taxes, defensive litigation costs, exchange rates, and/or any other direct costs ("Other Fees and Costs"). However, WorldMe.tv reserves the right to apply the Agency Fee and/or abstain from deducting Other Fees and Costs in a way that it determines as suitable in its sole discretion, but not in a way that reduces the amount of Creator Earnings payable to you as currently set forth herein.
Agency Fees:
Revenue Stream |
WorldMe Agency Fee |
Programmatic Advertisement |
Forty percent (40%) |
Sponsorship (incl. Host-Read) Advertisement |
Forty percent (40%) |
Licensing |
Forty percent (40%) |
Tipping/Donation |
Twenty percent (20%) |
Pay-Per-View |
Twenty percent (20%) |
As defined within this document:
Programmatic Advertisement revenue stream refers to advertising profits generated from users viewing video Content on the Platform.
Sponsorship (including Host-Read) Advertisement revenue stream refers to advertising revenue produced from a Content creator placing an advertisement within their Content.
Licensing revenue stream refers to revenue generated when exclusivity has been given to WorldMe.tv to license Content to other platforms.
Tipping/Donation revenue stream refers to revenue generated from users donating a predetermined dollar amount in exchange for their message being promoted by a creator during the creator’s Content stream.
Pay-Per-View revenue stream refers to revenue produced by Content creators offering pay-per-view video Content for their audience viewing, either for a limited time or on a one-time basis.
You understand that occasionally, WorldMe.tv may alter and/or introduce additional revenue streams and modify and/or add additional Agency Fees. Any such changes will be reflected in subsequent updates to this Agreement, with the most recent version of the Agreement governing WorldMe.tv's Use of your Content, and the collection and payment of any Earnings herein.
All payments of your Creator Earnings will typically be transferred to your WorldMe.tv account thirty (30) days after the month in which WorldMe.tv receives payment from third parties for the Use of your Content. WorldMe.tv may delay the payment of Creator Earnings as necessary to comply with applicable law.
If an upfront payment amount is provided within this Agreement, the entire indicated amount will be added to your WorldMe.tv account. Your future Creator Earnings will be applied towards this upfront payment until it is fully utilized.
The first month of payment shall: (a) commence on the first day of the month following the month of execution of this Agreement; and (b) include the portion of the month of execution post the Effective Date (unless this Agreement was signed on the first day of a month, in which case the month shall start from the first day of said month).
In certain situations, third parties may make payments to WorldMe.tv that don't associate Earnings with the Use of specific Content. In this case, WorldMe.tv will make reasonable efforts to identify the Creator Earnings owed to you for the Use of your Content. If, after 24 months from the date a third party made a payment, WorldMe.tv has not identified Earnings linked to the Use of specific Content, WorldMe.tv reserves the right to retain all such payments.
For clarification, no Creator Earnings are payable in relation to WorldMe.tv Premium Subscriptions, as defined elsewhere in this document.
EARNING PAYMENT REDUCTIONS / SET-OFFS
Payments may be lowered to offset bad debts, refunds and other charge-backs associated with the Use of your Content within sixty (60) days of the payment to which the bad debt, chargeback or refund is related.
LIABILITY
WorldMe.tv in no way endorses any submitted Content, including but not limited to, any opinion, recommendation, claims, advice or stance expressed therein, and WorldMe.tv explicitly disclaims all liability concerning the Content and its publication. For the intention of the Digital Millennium Copyright Act or similar laws or regulations, all Content is deemed user-generated content and WorldMe.tv, functioning as Agent, does not own the Content (unless specifically transferred to WorldMe.tv under the terms of this Agreement) or upload the Content.
To submit Content to WorldMe.tv, you acknowledge your sole responsibility for the submitted Content and agree to indemnify and hold WorldMe.tv harmless from any and all claims arising from a breach of your representations, warranties, and promises as outlined in this Agreement. You also agree to indemnify and hold WorldMe.tv harmless from all third party claims concerning the Content and WorldMe.tv's role as Agent in respect of the Content.
WORLDME.TV PUBLISHER ACCOUNT
If your account qualifies for a WorldMe.tv Publisher account, any activity on the WorldMe.tv Player using the Monetized Embed Code will apply to your account as such: as used herein, "Net Advertising Revenues" means the total sums collected by WorldMe.tv from the license or sale of pre-roll, mid-roll, post-roll or overlay advertisements contained within the WorldMe.tv Player less any amounts due for hosting, taxes, litigation costs, exchange rates, and any other direct costs. WorldMe.tv will retain all amounts obtained from all other advertisements, promotions, links, pointers and similar services or rights. WorldMe.tv Publisher is eligible for the Net Advertising Revenue less an Agency fee of 50% payable to WorldMe.tv, within thirty (30) days following each month's end when a WorldMe.tv Publisher uses the WorldMe.tv Monetized Embed Code. Analytics will be reported directly into the Publisher Dashboard within your WorldMe.tv account.
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
To file a copyright infringement notification with us regarding Content on the WorldMe.tv Player, a written communication is needed. It must include substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
● A physical or electronic signature of a person authorized to act on behalf of the copyright owner who's rights have allegedly been infringed.
● Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works.
● Identification of the material claimed to be infringing, and information reasonably sufficient to locate the material. Providing URLs in an email's body is the best way for us to locate content quickly.
● Contact information for the complaining party such as address, phone number, and, if available, an email address.
● A statement of good faith belief that use of the material in the disputed manner is not authorized by the copyright owner, its agent, or the law.
● A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
For swift processing of your request, this written notice should be sent to our designated agent as follows:
If you have numerous videos to remove or anticipate ongoing removing of potentially infringing content from WorldMe.tv, consider emailing us at dmca@worldme.tv with the subject as "ONGOING DMCA". This will expedite the process of removing potential infringements and we will avail our advanced identification tools and personal assistance for your enquiries.
Take note that under Section 512(f), individuals making false claims knowingly and materially misrepresenting that material or activity is infringing, may face legal consequences. Henceforth, please ensure the validity of your claims.
Be also aware that the details provided in your legal notice may be forwarded to the individual that contributed the allegedly infringing content. Claimant information might be published publicly on the WorldMe.tv site at any time.
COUNTER NOTIFICATION
If you think your content has been wrongfully removed, submit a counter notice to our Copyright Agent with the following details:
● Your physical or electronic signature.
● Identify the content that has been removed or access denied to, along with the original location of the material before removal or access denial.
● A statement under penalty of perjury that you have a good faith belief that the material was wrongly removed or access was denied due to error or misidentification.
● Your contact information and a statement of consent to the jurisdiction of, as per our discretion, either The Ontario Superior Court of Justice or the U.S Federal District Court covering your geographical address location. For addresses outside the U.S, consent to jurisdiction by any judicial district in the U.S and state your acceptance for service process by mail, from the person notifying of copyright infringement or an agent of said person.
Note that under Section 512(f) of the Copyright Act, there are penalties for individuals who knowingly and materially falsely claim that material or activity was mistakenly removed or disabled.
As an organization, we enforce a policy that provides for termination under suitable circumstances, of subscribers declared as repeat infringers.
PROCEDURE FOR REPORTING VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY
If your privacy rights or publicity rights have been violated by information or material accessible on the WorldMe.tv site, please inform WorldMe.tv by emailing support@worldme.tv for further investigations.
DISCLAIMER OF WARRANTIES
All materials, information, software, products, and services included in or available through this site (the "Content") are provided "as is" and "as available" for your use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. WorldMe.tv, its subsidiaries, and its licensors do not warrant that the Content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the Content is free of viruses or other harmful components. Your use of this site is solely at your risk. Any material viewed, downloaded or otherwise obtained through the use of this site is done solely at your own discretion and risk, and you will be solely responsible for any damage, including personal injury or distress, damage to your computer system, or loss of data, resulting from the viewing or download of any such material. As some jurisdictions do not allow the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances shall WorldMe.tv, its subsidiaries, members or employees be liable for any direct, indirect, punitive, incidental, special, or consequential damages resulting from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if WorldMe.tv has been advised of the possibility of such damage. As some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, WorldMe.tv's liability in such jurisdictions shall be limited to the extent permitted by law.
INDEMNIFICATION
You agree to indemnify and hold WorldMe.tv, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this site. WorldMe.tv reserves the right to have control of any defense and of any matter otherwise subject to indemnification by you. You agree to cooperate with WorldMe.tv in asserting any available defenses.
COMPLIANCE WITH APPLICABLE LAW
You agree to comply with all applicable laws regarding your use of the WorldMe.tv Service. Without limiting the foregoing, you acknowledge and agree that WorldMe.tv makes no representation that materials on this site or accessible via the WorldMe.tv Service are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or the WorldMe.tv Service from any location do so on their own initiative, risk, and are responsible for compliance with local laws. If you use the WorldMe.tv Service in a jurisdiction that prohibits or restricts such use, your use will be subject to any other provision of the Terms of Use, and WorldMe.tv shall not have any liability concerning such use.
You also agree to comply with all state, provincial, and/or federal regulations concerning the Content you upload to WorldMe.tv, including those regulations related to accessibility (e.g., closed captioning of Content where required by law).
CHOICE OF LAW ANDUM
These Terms Use and the Agency Agreement will be governed by and construed following the laws of the Province of Ontario or, at WorldMe.tv's discretion, the federal laws of the United States, excluding any conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Agency Agreement, or your use of the WorldMe.tv Services, will reside only in the Ontario Superior Court of Justice at Toronto, or at WorldMe.tv's discretion, in the United States Federal District Court for the judicial district where your address is situated. Or if your address is outside the United States, for any judicial district in the United States, and you agree further to submit to the exercise of personal jurisdiction of such courts for the intention of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless specified otherwise in this agreement, this agreement forms the entire agreement between you and WorldMe.tv concerning this site, superseding all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and WorldMe.tv with respect to the WorldMe.tv Service or the Agency Agreement. If any part of these Terms of Use or Agency Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law to indicate the original intentions of the parties as closely as possible, or if that portion is not amenable to such construction, it will be replaced with a provision that aligns with applicable law and closely reflects the original intentions of the parties. In either instance, the remaining portions remain in full effect.
TERMINATION
WorldMe.tv reserves the right to terminate, at its sole discretion, your access to the WorldMe.tv Service, with or without notice, for any reason. This reason includes if WorldMe.tv believes you have broken or acted inconsistently with the spirit or letter of these Terms of Use or the Agency Agreement. This includes WorldMe.tv's right to terminate your ability to upload videos, post comments, collect revenue, or use any function available via the WorldMe.tv Service.
WorldMe.tv will not tolerate any violation of Content Policies and/or Conduct outlined in these Terms, but not limited primarily to copyright infringement. If a user is found in violation, the account may face suspension and/or termination. The decision of suspension or termination will be made at the sole discretion of WorldMe.tv.
You acknowledge and agree that WorldMe.tv holds no liability towards you or any third party for any termination or suspension of your access to the WorldMe.tv Services.
HOST-READ ADVERTISEMENTS
Without limiting anything else contained herein, if you, or a service provider working for or with you, read host-read advertisements ("Host-Read Ads") during the performance of the Content you stream and/or upload to the WorldMe.tv Site, you agree to comply with, and as applicable, to cause the service provider to comply with, the following additional terms and conditions:
-
The content and script of the Host-Read Ad(s) shall be determined by the advertiser.
-
You are obligated to read a Host-Read Ad in the form, manner, frequency, and schedule as determined and agreed between WorldMe.tv and the advertiser and notified to you in writing ("Host-Read Ad Requirements").
-
WorldMe.tv may review your performance of the Host-Read Ads to confirm that they have been performed in accordance with the Host-Read Ad Requirements. It is in WorldMe.tv’s sole discretion to decide if the Host-Read Ad Requirements have been met. To the extent any Host-Read Ads have not been performed in accordance with the Host-Read Ad Requirements, as determined by WorldMe.tv in its sole discretion, without limiting any other rights of WorldMe.tv hereunder or at law, WorldMe.tv may (i) withhold funds otherwise payable to you on a pro-rata basis or in their entirety and/or (ii) seek a refund of funds previously paid to you to the extent the advertiser seeks a refund from WorldMe.tv for any such non-conforming Host
WORLDME.TV PREMIUM SUBSCRIPTIONS
WorldMe.tv provides a monthly or annual premium subscription (collectively referred to as “WorldMe.tv Premium Subscriptions”). In addition to the existing terms and conditions, the ensuing additional terms and conditions apply to WorldMe.tv Premium Subscriptions:
-
WorldMe.tv Premium Subscriptions permit you to view programmatic advertisement-free Content on the WorldMe.tv Service (i.e., website and mobile app). Content viewed with a WorldMe.tv Premium Subscription may continue to comprise live read advertisements.
-
Besides the terms and conditions stated in this Agreement, terms and conditions of the related mobile app store apply to WorldMe.tv Premium Subscriptions bought through the WorldMe.tv mobile app.
-
WorldMe.tv Premium Subscriptions are non-refundable.
-
WorldMe.tv Premium Subscriptions shall automatically renew unless you cancel prior to the renewal date.
CONSIDERATION AND AGREEMENT
You consent to:
-
Accept that there is legally sufficient consideration for this Agreement and for the rights granted and obligations undertaken by the involved parties herein.
-
Recognize this Agreement as a legally binding contract between you and WorldMe.tv.
-
Confirm that you are knowingly and willingly entering into this Agreement.
-
Acknowledge that your electronic submission of this Agency Agreement to WorldMe.tv constitutes your electronic agreement, thus making the Agency Agreement binding upon submission.