This Flickstree Terms of Service Agreement (the “Agreement” or “Terms of Service” ) is made between Flickstree, Pvt. Ltd. (“Flickstree,” “we,” “us,” or “our”) and you, our customer/visitor (“you” or “your”). This Agreement governs your use of www.flickstree.com and our FLICKSTREE-branded online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).
Contents
- Acceptance
- Services
- Accounts
- Code of Conduct
- Licenses Granted by You
- Payment Terms
- Account Profile
- Representation and Warranties
- Term and Termination
- Disclaimers
- Limitation of Liability
- Disputes, Arbitration, and Choice of Law
- General Provisions
1. Acceptance
By creating an account, viewing videos, making a purchase, downloading our software, 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 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. Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Stream videos that you have the right to view;
- Upload, store, and/or live stream videos;
- Embed our embeddable video player on third-party websites; and
- Use all related functionality that we may provide.
3. Accounts
Registration: You may create an account to use certain features we offer (e.g., Uploading or saving videos). To do so, you must provide an email address and phone number. By creating an account, you agree to receive notices from Flickstree at this email address provided.
Age Requirements: You must be at least 13 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
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. Code of Conduct
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that you follow the code of conduct that complies with the Acceptable Use Policy set forth herein. Flickstree may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Flickstree may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
4.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send Flickstree a takedown notice as stated in our Copyright Policy if they believe Flickstree is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
4.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Makes false or misleading claims about vaccination safety;
- Promotes or supports terror or hate groups;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims about vaccination safety;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm; or
- Violates any applicable law.
4.3 Prohibited Technical Measures
You will not:
Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures; Submit any malicious program, script, or code; Submit an unreasonable number of requests to our servers; or Take any other actions to manipulate, interfere with, or damage our Services
4.4 In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
5. Licenses Granted by You
As between you and Flickstree, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Flickstree to host and stream your content, you grant Flickstree the permissions set forth below.
By submitting a video, you grant Flickstree permission to:
- Stream the video to end users;
- Embed the video on third-party websites;
- Distribute the video via our APIs;
- Make the video available for download;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Clause 5, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to Flickstree and ends when you or Flickstree delete it; provided that Flickstree 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 Flickstree in good faith believes that it is legally obligated to do so.
All licenses granted by you in this Clause: (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 Flickstree; rather, any breach of a term by Flickstree 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).
6. Payment Terms
You retain full ownership to the Content you have uploaded, subject to the license given to Flickstree under these Terms. You are only granting a non-exclusive license (as described in these Terms) to access your Content through the Flickstree Video Player/Platform and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Platform.
That in case any commercials/advertisements are played on or through your video (pre-roll, mid-roll, end-roll or any other format), within Flicksteee Video Player which generates any income, the same shall be remitted to your account as per the details provided by you within 30 days from the day Flickstree receives the payment. The amount to be remitted shall be calculated by Flickstree and the figures so calculated shall be final. The said amount to be remitted shall be subject to applicable taxes and deductions as per law.
6.1. Calculation of Amount
That the amount to be remitted shall be calculated as per the following
As used herein, "Net Earnings" means aggregate cash amounts collected and recognized as revenue under generally accepted accounting principles by Flickstree arising from the sale of advertising (pre-roll, mid-roll, end-roll or any other format) within the Flickstree video player less any amounts due to a Flickstree Publisher/Syndication Partner and commission to third party agencies that may be employed by Flickstree from time to time to get advertising or other revenue business
Advertising Revenues. Flickstree will pay you 50% of net revenues recognized by Flickstree from ads displayed or streamed by Flickstree or an authorized third party on your Content – within the Flickstree video player in conjunction with the streaming of your Content. Flickstree is not obligated to display any advertisements alongside your videos and may determine the type and format of ads available on the Flickstree Service. For clarity, Flickstree reserves the right to retain all other revenues derived from the Flickstree service, including any revenues relating to ads on search result pages.
You are not entitled to earn or receive any revenues in connection with your Content in any of the following circumstances: (a) if one or more third parties claim rights to certain elements of your Content except in cases where Flickstree’s policies or systems support sharing a portion of the revenues with you, as determined by Flickstree; (b) if monetization is disabled on your Content by either you or Flickstree; or (c) your participation in the Flickstree Partner Program is suspended or terminated. Flickstree will use reasonable efforts to notify you if any of these circumstances should occur.
7. Account Profile
You grant Flickstree 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. Flickstree shall have the right to identify public profiles in its marketing and investor materials.
8. Representations and Warranties
For each piece of content that you submit to or through Flickstree, you represent and warrant that:
You have the right to submit the content to Flickstree and grant the licenses herein;
- Flickstree will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- You have obtained appropriate releases (if necessary) from all persons who appear in the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
7.1 Indemnification
You will indemnify, defend, and hold harmless Flickstree and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including Litigation expenses, arising from or relating to: (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.
9. 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. Flickstree may terminate this Agreement at any time by providing thirty (3) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, Flickstree 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; If Flickstree deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following Clauses will survive: Indemnification, Disclaimers, Limitation of Liability, Disputes, Arbitration and General Provisions.
10. Disclaimers
Flickstree 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, Flickstree disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Among other things, flickstree makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
Concerning any content submitted by or actions of our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
11. Limitation of Liability
To the extent permitted by applicable law: (a) Flickstree shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if Flickstree has been advised of the possibility of such damages.
12. Disputes, Arbitration, and Choice of Law
If you are dissatisfied with our Services for any reason, please contact us at Support@flickstree.com first, so that we can try to resolve your concerns without the need for outside assistance.
12.1 Dispute, Choice of Law and Jurisdiction
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of India, without regard to principles of conflicts of law. The arbitration agreement set forth will be governed by the Indian Arbitration Act 1996.
All disputes, controversies, claims and differences arising out of or in relation to this Agreement, or any breach hereof, except those which cannot be settled through correspondence and mutual consultation of the Parties hereto, shall be finally settled by Arbitration to be conducted in accordance with the provisions of the Indian Arbitration and Reconciliation Act, 1996 or any statutory modification or re-enactment for the time being in force, the provisions whereof shall apply as far as possible.
This Agreement shall be governed and construed in accordance with the laws of India .The competent courts at Delhi, India shall have the sole and exclusive jurisdiction over any dispute that arises in relation to this Agreement.
13. General Provisions
Reservation of Rights, Severability, Force Majeure: Flickstree reserves all rights not expressly granted herein. Flickstree’s rights and remedies are cumulative. No failure or delay by Flickstree 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. Flickstree will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and Flickstree are independent contractors of one another; neither party is an agent, partner, or joint venture of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Flickstree 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 Flickstree, 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 Flickstree. If you have a signed agreement with Flickstree, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Addenda: This Agreement incorporates the following documents (and no others) by reference:
Notices: You must send any notices of a legal nature to us by email at Support@flickstree.com