These Terms regulate the relationship between The Mobs Inc and the users who offer their services through the mobs.video website (hereinafter “Creators”).
Any use you make of our website that is not as User-creator is governed by the General Terms of the website.
PLEASE READ THESE TERMS CAREFULLY.
By using our website as a Creator or by indicating your acceptance (for example, by agreeing to create or log into your account, by clicking "I Accept", etc.), you represent and warrant that you have read, understood and agreed to be bound by these Terms. If you do not agree, do not access or use our website with the role of Creator.
Participation in mobs.video Marketplace.
To participate in our website, you must register. By registering, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form. You agree to maintain and promptly update the information to keep it accurate, current, and complete. If you fail to do so, we have the right to suspend or terminate your account. You agree not to create an account on mobs.video using a false identity or providing false information, on behalf of another person (except in the case of parents, legal guardian and Organizations).
You are responsible for maintaining the confidentiality of your mobs.video account information, including your username and password. You are responsible for all activities that occur in connection with your account on mobs.video and you agree to notify us immediately of any unauthorized access or use of your account. You acknowledge and agree that we are not responsible for any damage, loss, cost, expense or liability related to unauthorized access or use of your mobs.video account.
To offer your services as a Creator on mobs.video you must be at least 18 years old.
Users who wish to access as a talent and are under 18 years of age may register through their parents or legal guardian as long as they guarantee:
(A) has authority to legally represent the minor and agrees to these Terms; (B) that the legal representative is not restricted from using our website, (C) he or she is responsible for complying with all applicable laws and regulations related to the minor's participation on our website.
Organizations: A management company, manager, agency, agent, advertiser, or other person or organization ("Organization") may register a Creator. By registering, the Organization represents and warrants to itself and to each Creator that: (A) The Organization is the authorized representative of the Creator (and, if the Creator is under the age of 18, is registering with the required consent of the parents or legal guardian To register Creators as an organization, you can write to us at firstname.lastname@example.org .
Digital content mobs.video
Once your profile or booking page is approved on our website, you will be able to receive content requests from users.
While we expect you to submit the video within 48 hours of receipt, you have a maximum of 7 days (at mobs.video's sole discretion) to complete and submit the autograph video.
You can reject a request as long as the request is offensive. If you accept a request, you agree to record and deliver a video within the stipulated time frame.
mobs.video reserves the right, at its sole discretion, to cancel any request from a User. There will be no financial compensation for those requests that have been rejected, canceled or not satisfied.
Each autograph video will last approximately 30 seconds to 1 minute and will follow the instructions and general requests of the User through our request form. You will have sole discretion over the script and content of any autographed video, except that you agree to: (i) use your name (introduce yourself), the user's name, and the name of any third party the user identifies as a recipient ("Recipient" ) unless the User requests otherwise.
If you complete a video autograph but do not follow the instructions and general requests of the User, payment for the service will not be made.
Rates and payment
Rate: You will be able to establish your own price with a mandatory minimum of €5 for the service and in addition to any other offer that you choose to make available to the user through mobs.video (for example, promotional content).
mobs.video will pay you 75% of the Rate that you have established in your user profile.
mobs.video is not responsible for contributions, payments, taxes or deductions from Social Security, retirement benefits, unemployment insurance, annuities or payments from pensions or welfare funds required by law or any union, or any withholding or income tax.
Payment: You agree to register with the payment provider selected by mobs.video. mobs.video is free to change providers at any time. You will not be able to use a payment provider other than the one selected by mobs.video. You agree to provide the payment provider with any information required to receive such payments.
mobs.video shall not be liable for any damages, delays, losses, costs, expenses or liabilities arising from your inability to receive payments as a result of your failure to provide such information.
Subject to the terms of the payment provider, payment will be made between the 1st and 5th of the month following the content request and after a minimum of €120 has been accumulated.
If this amount is not accumulated in a given month, it will be automatically applied to the following month and so on until reaching that minimum amount.
You agree that we are not responsible for any delay, damage or liability caused by the payment provider, any other third party, force majeure, your failure to timely or properly establish an account with the payment provider or provide Information requested for payment.
Notwithstanding anything to the contrary contained in these Terms, if mobs.video, in its sole discretion, believes that fraud, money laundering or other violation of law or regulation is taking place on our website, you acknowledge and agree that We may withhold, delay or request a refund of any payment that we deem, in our sole discretion, as long as it is related to such violation.
Currency: Payments through the payment provider are in euros, unless the payment provider allows you to choose another currency and you choose it yourself.
Fundraising: If you add to your booking page or anywhere else on our website the name of a charitable organization or recipient of funds for which you are raising, you (i) represent and warrant that you will do so in compliance with all applicable laws and regulations relating to the charity, including disclosing, recording or entering into any agreement, such as a joint business agreement; (ii) you acknowledge and agree that we have the right, in our sole discretion, to reject the charity; (iii) you represent and warrant that the charity is and will remain valid for the duration of the campaign and that within 48 hours of receipt of our request, you will provide us with written evidence of the organization's good reputation and charitable status . in all applicable jurisdictions, and that you will immediately remove identification if the charity becomes out of good standing; (iv) you represent and warrant that you will be responsible for making any payment to the charity (unless we expressly agree in writing in advance on your behalf and in compliance with our payment obligations to you under these Terms); and (v) you represent and warrant that you have all necessary rights to authorize the use of the charity's name and logo in connection with (and on) our website, on identification and in any social and other media. You further acknowledge and agree that we may add a statement to your booking page, disclaiming a connection between mobs.video and the charity, as determined in our sole discretion.
Our website allows you to upload, send, store and receive content and data, including promotional content and materials. When you upload, submit, store, send or receive content through our website, you grant us a non-exclusive, royalty-free, fully paid up, unlimited, universal, perpetual and irrevocable sublicense in any and all media and forms (including social media channels and third party websites and platforms).
We may reproduce, license, distribute, modify, adapt, and publicly display such content in order to operate, develop, and improve our products and services, and to advertise, market, and promote our website, products, and services.
You agree that we may display advertising with or in connection with your content. Furthermore, you acknowledge and agree that mobs.video has no obligation to you in connection with any advertising displayed on our website.
License Grant to Users:
For each autograph video (other than a promotional video), you grant user and Recipient a non-exclusive, royalty-free, fully paid up, worldwide, sublicensable, perpetual license to use, reproduce, distribute, and publicly display the autograph video, in each event, solely in accordance with the Site Terms, in all media, whether known or hereafter invented (including social media channels and third party websites and platforms).
Right to Remove Content: You acknowledge and agree that we cannot restrict the use of your content or other offerings by the Users for whom you created it or by any third party with whom it has already been shared (including Recipients).
Licenses: Please note that the licenses granted in this section are fully paid and royalty-free, which means that we do not owe you anything in connection with the use of your content, nor do users or third parties (including Recipients), who other than the payment established in the “Rates and Payment” Section. We may exercise our rights under this license anywhere in the world. We may sublicense our rights as necessary to provide and promote our website or as otherwise provided in these Terms. Users may sublicense their rights subject to the Website Terms. Finally, the licenses granted in this Section are perpetual, which means that the rights granted under these licenses continue even after you stop using our website.
Creator Content Representations and Warranties: You represent and warrant that:
- You own all rights to your content.
- You are resident in Spain.
- Any statement you make in connection with the Service is factually correct and not misleading, is not disparaging or defamatory, and represents your true opinion.
- You will comply with all applicable laws, rules and regulations.
- Your content does not infringe, misappropriate, or use any intellectual property, privacy, publicity, moral rights, or other rights of any third party, or violate any law, regulation, or court order.
- You will not post or make publicly available any autographed video that the user has requested not be posted.
- You will not contact, respond to or communicate with any user who is on our website, except as expressly permitted through our website.
- You will not provide your contact information to any user or send merchandise or anything else to a user other than as permitted by these Terms;
- You will not edit, change, modify, or remove the watermark from any video autograph or assist or encourage any third party to do so;
You will not ask us for permission or help you with actions that have been described as prohibited.
- You will not redo any content unless requested by us or you receive a rating of 3 stars or less (always at no cost to the user or us).
Treatment of Creator Content: The content you provide to us will not be confidential or proprietary, and must not contain or include any information that you do not have the right to disclose or do not wish to be disclosed. We will not be responsible for the use or disclosure of the content, including personal information, that you share on your booking page. You acknowledge and agree that your relationship with us is not a special confidential, fiduciary, joint venture, employer/employee, agency, or other special relationship, and that your decision to participate in our website places us in a position equal to that of of the general public, even with respect to the contents.
Rejection and Removal of Creator Content: We may refuse to accept or stream your content for any reason without notice. We may remove your content from our website for any reason without notice.
Account cancellation: If you cancel your account on the website, you can, at least three business days in advance in writing, ask us to no longer include your digital content on our website and not to make any new public use of it. As noted in the licenses section, we have no obligation with respect to the use of your content by the users for whom you created it or by any third party with whom it has already been shared (including Recipients) (including social media channels). social or third-party websites or platforms).
In addition to the content generated by the Creators, mobs.video or our licensors we own all right, title and interest in: (i) our website and the "look and feel" of it, including all software, ideas, processes, data, text and other available content; (ii) our trademarks, logos and brand features ("Marks"). You may not duplicate, copy or re-use any part of the content of mobs.video, including the marks without our prior written consent.
Age: You must be at least 18 years of age to use our website. If you are a minor, your parent or legal guardian must accept these Terms on your behalf.
Eligibility Representations and Warranties: You represent and warrant that:
You will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list with that payment provider.
If you include an animal in any autograph video, you will not cause any harm to the animal and will comply with all applicable laws and regulations;
You have not been previously banned or removed from our website for any reason.
Copyright and intellectual property policy: From mobs.video we respond to notifications of alleged copyright infringements and will cancel access to our website for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please send the following information to email@example.com .
Your address, telephone number and email address;
a description of the work that you claim is being infringed;
A description of the material that you claim is infringing and are requesting its removal, along with information about where it is located;
a statement that you have a "belief that infringement is taking place"; a signed statement that the information you provide is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf From author.
If you do not meet these requirements, your notice may not be valid.
Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our website and take other appropriate action in our sole discretion.
Content and Interactions with Third Parties
Our website may contain features and functionality that link you to or give you access to third party content, which is completely separate from mobs.video, including content, web pages, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services and the Internet in general. Your interactions with third parties, including users, that occur through our website, are solely between you and the third party; however, mobs.video may, at its sole discretion, intercede and you agree to reasonably cooperate with mobs.video if necessary. You acknowledge and agree that mobs.video shall not be liable for any damages, losses, costs, expenses, or liabilities incurred as a result of such interactions. You agree to contact users about matters related to our Site only through our website.
Business relationship with mobs.video
You and mobs.video agree and represent that they have an independent contractor relationship. It is the express intention of the parties that their relationship be construed and deemed to be that of an independent contractor for all purposes. You acknowledge and agree that you are not a joint venture, franchisee, partner, agent or employee of mobs.video. As an independent contractor using our platform to provide marketing, artistic, written and photographic services to users, you are solely and exclusively responsible for determining the manner, method, details and means of your performance under these Terms and You acknowledge and agree that We do not control those items. You also retain the option to accept, decline, or ignore any user request. We have no right and we will not control the manner or determine the methods to achieve your performance. You represent and warrant that you are habitually engaged in an independently established trade, occupation, or business.
You represent and warrant that you assume sole responsibility for and pay all contributions, payments, taxes, and deductions applicable to Social Security, retirement or other benefits, health insurance, unemployment insurance, annuities, pensions, and payments from social assistance funds. required by law, regulation or any union, and all withholding and income taxes, and make the necessary reports as a result of participation in our website under these Terms.
You will use your own equipment to perform your obligations under these Terms.
Your relationship with mobs.video is non-exclusive, which means that you may provide similar services to third parties, including mobs.video's competitors, and may engage in other business or employment activities. Similarly, we may engage third parties to provide services similar to those you may provide under these Terms.
Changes on our website
You acknowledge and agree that we may change or discontinue any aspect of our website at any time, without notice.
Termination and Reservation of Rights
You can cancel your web account at any time by contacting a member of the mobs.video team at firstname.lastname@example.org . We reserve the right to terminate access to our website to anyone, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our website automatically terminates.
Disclaimers and Limitations of Our Liability
You acknowledge and agree that your use of our website is at your own risk and that our website is provided "as is" and "as available". To the extent permitted by applicable law, mobs.video disclaims all warranties, conditions and representations of any kind, whether express, implied, statutory or otherwise, including those relating to merchantability, fitness for a particular purpose, non-infringement and arising out of the course of dealing or usage of trade.
In particular, mobs.video is not responsible for or guarantees the accuracy or completeness of the content available on our website or the content of any social networking platform or third party website linked or integrated with our website. You acknowledge and agree that mobs.video shall have no liability for: (i) errors, errors, or inaccuracies in content; (ii) personal injury, property damage or other damage resulting from your access to or use of our website; (iii) any unauthorized access to or use of our servers, any personal information or user data; (iv) any interruption of transmission to or from our website; (v) any bug, virus, trojan or similar that may be transmitted through our website; or (vi) any damages, losses, costs, expenses or liabilities of any kind incurred as a result of any content or the use of any content published or shared through our website.
You acknowledge and agree that any material or information downloaded or otherwise obtained through our website, including user requests, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses or liabilities arising out of or in connection with doing so.
You acknowledge and agree that by using our website, you will be exposed to content from a variety of sources, and that mobs.video is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights or related to such content. You further understand and acknowledge that you may be exposed to inaccurate, offensive, indecent, objectionable, or harassing content, and you agree to waive, and hereby do waive, any legal or equitable right or remedy you have or may have against any mob content. video.
To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by mobs. video from you during the 12 months prior to the claim giving rise to such liability.
You agree to indemnify, defend and hold harmless mobs.video and its subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors from any and all claims, costs, proceedings, demands, losses, damages and expenses (including reasonable attorneys' fees and costs) of whatever kind or nature, arising out of, in connection with: (a) these Terms; (b) use of our website; (c) your negligence, misconduct or fraud; (d) any act or omission by you or any person acting on your behalf; (e) any Organization or ; (f) any charity; (g) your role as a parent or legal guardian of a Creator; (h) Content; (i) Comments;
mobs.video may select counsel for the defense of any claim and you agree to reasonably cooperate with us in connection with any claim
Applicable law and competent jurisdiction
The present general conditions of access and use of the web and the particular ones related to contents, products and services will be governed and interpreted in accordance with the Laws of the USA. For the resolution of any controversy that could derive from the access and use of the web or the acquisition or supply of any content, product or service requested by the user of the same, the user and mobs.video will submit, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of California (United States).
Force Majeure: Under no circumstances will mobs.video be liable for any delay or failure in performance due in whole or in part to any act of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, regulations , regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes or any other event or cause beyond the reasonable control of any member of the mobs.video team .
Severability: If any provision of these Terms is found to be invalid or unenforceable, such provision will be deemed to be appropriately modified to give effect to the intent of the provision or, if modification is not possible, severed from these Terms and not affect enforceability of any other provision.
Waiver or Modification: The failure of mobs.video to enforce any right or provision of these Terms will not prevent mobs.video from enforcing such right or provision in the future and will not be deemed to modify these Terms.
Assignment: mobs.video may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction or compliance with the law.
Miscellaneous: The term "including" in these Terms shall be construed broadly to mean "including, without limitation." Headings are for convenience only and shall not be taken into account in interpreting these Terms.