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Videomentum Infrastructure User Agreement
  • Introduction: This Videomentum Infrastructure User Agreement (hereinafter, "Agreement") sets forth the terms and conditions which govern transactions made on, through, or by the Videomentum Infrastructure (hereinafter, "VM"). Please read this Agreement carefully. If you do not understand the Agreement, or do not accept any part of the Agreement, you may not use VM.
  • Definitions: In this Agreement, defined terms have the following meanings:
    • "Content" means any material uploaded to VM to be provided to a Content Consumer by a Content Producer, including any photos, videos, audio, and any other material whatsoever;
    • "Content Producer" (hereinafter, "Producer") means a user of VM who has uploaded, or intends to upload, to VM, Content that they possess legal ownership over, with the intent to provide said Content to a Content Consumer;
    • "Content Consumer" (hereinafter, "Consumer") means a user of VM who has accessed, or who intends to access, Content;
    • "VM Credit" means a unit of a digital access token, which is neither legal tender nor a digital currency and only for use on VM, provided by VM to Consumers for the accessing of Content;
    • "VM Credit Purchase" means a transaction made on VM in which a Consumer purchases a VM Credit from VM in exchange for an established currency;
    • "Content Access Acquisition" means a transaction made on VM in which a Consumer acquires access to Content in exchange for one or more VM Credits; and
    • "VM Fee" means the percentage of VM Credits exchanged in a Content Access Acquisition that is taken by VM as a processing fee.
  • The Videomentum Infrastructure (VM): VM provides (1) Producers with a digital system for hosting, distributing, and monetizing Content and (2) Consumers with a digital system for making VM Credit Purchases and Content Access Acquisitions. VM is provided by Videomentum Inc., a company operating under the laws of Delaware, located at 6104 Nebraska Ave NW, Washington, DC 20015. VM may be leveraged or utilized by any number of platforms or domains. Accordingly, VM does not refer to any specific platform or domain which leverages or utilizes VM. By uploading Content, making a VM Credit Purchase, or making a Content Access Acquisition, a user of VM thereby, and therein, signifies their consent to the terms and conditions set forth by this Agreement. A user of VM may be both a Producer and a Consumer.
  • Uploading Content: By uploading Content, a Producer thereby confirms that they possess the legal authority to offer access to said Content to a Consumer. A Producer may not upload Content that they do not possess the legal authority to offer access to to a Consumer. Any Producer who is found to have uploaded Content that they do not possess the legal authority to offer access to to a Consumer may be immediately and permanently banned from further usage of VM. Videomentum Inc. is not responsible for any inappropriate or illegal uploading of Content.
  • VM Credit Purchases: By making a VM Credit Purchase, a Consumer agrees to pay Videomentum Inc. the price put forth by VM for the amount of VM Credits desired by the Consumer. Videomentum Inc. accepts payment via the payment method indicated just prior to the VM Credit Purchase, as well as any other form of payment made available to the Consumer by VM. A VM Credit Purchase may be subject to a sales tax or a payment processing fee.
  • Content Access Acquisitions: By making a Content Access Acquisition, a Consumer agrees to exchange the amount of VM Credits assigned by VM to the Content desired by the Consumer for a permanent, but limited, license to access the Content desired by the Consumer. This license is non-transferrable, non-sublicensable, and non-exclusive, and permits the Consumer to access the Content for the Consumer’s personal and private use only. Any Consumer who is found to have used Content, for which the Consumer is not the Producer, for any public or commercial purpose may be immediately and permanently banned from further usage of VM. Videomentum Inc. is not responsible for any illegal or inappropriate usage of Content.
  • Credit Payouts: When a Content Access Acquisition is made, the VM Fee is taken from the amount of VM Credits exchanged by the Consumer in the Content Access Acquisition, and the remaining VM Credits are transferred or credited to the Producer who uploaded the Content accessed by the Consumer.
  • Currency Payouts: VM Credits that are transferred or credited to a Producer in response to a Content Access Acquisition will be converted into an appropriate digital or real world currency. The appropriate digital or real world currency will be made available to the Producer on a Net 60 Basis, meaning that it will be made available to the Producer within sixty (60) days of the Content Access Acquisition.
  • Refunds: Both VM Credit Purchases and Content Access Acquisitions may be refunded to a Consumer on a Net 30 Basis, meaning that a VM Credit Purchase or a Content Access Acquisition may be refunded if a refund is requested within thirty (30) days of the VM Credit Purchase or the Content Access Acquisition.
  • Age Requirement: Unless otherwise indicated by an individual platform or domain which leverages or utilizes VM, a user must be 18 years of age or older to use VM. By uploading Content, making a VM Credit Purchase, or making a Content Access Acquisition, a user is thereby, and therein, signifying that they are 18 years of age or older.
  • Illegal Activity: A user of VM may not use VM for any purpose that is illegal under the laws that govern the territory from which the user is accessing and using VM. Any user who is found to have used VM for a purpose that is illegal under the laws that govern the territory from which the user is accessing and using VM may be immediately and permanently banned from further usage of VM. Videomentum Inc. is not responsible for any illegal or inappropriate usage of VM.
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