Terms & Conditions
1.1 These Supplier Terms of Service and the Company’s Terms of Service found at https://votn.tv/pages/terms-conditions are incorporated by reference herein, are applicable to all for video Suppliers and/or Distributors (individually and collectively the “Supplier”) providing video streaming through the platform located at www.VOTN.tv and related domains, subdomains, and mobile and desktop applications as well as OTT TV applications (individually and collectively the “Services”). These Terms govern the Supplier’s use of the Services, including but not limited to all functionalities, features, streaming capabilities, user interfaces, and all content and software associated with the Services as provided by VOTN.tv ltd. (the “Company”).
1.2 The following Terms of Service are for use of the Services on the Company’s video distribution platform (the “Services”) to market, distribute and sell the Supplier’s video catalog.
1.3 Use of the Services indicates your authorisation to use the Services and your acknowledgment and agreement to these Supplier Terms of Service and the Company’s Terms of Service. If you do not agree to be bound by and comply with all such terms and conditions you may not access or use the Services.
1.4 The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of the Supplier Terms of Service and the Company’s Terms of Service. Any changes to the Supplier Terms of Service and the Company’s Terms of Service shall be effective immediately following the posting of such changes. You agree to review Supplier Terms of Service and the Company’s Terms of Service from time to time and agree that any subsequent use by you of the Platform and Services following any such changes shall constitute your acceptance of the changes.
1.5 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART AT ANY TIME AND IN ITS SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF SERVICE. VOTN DOES ITS BEST TO FIX BUGS & UX ISSUES, ANY ISSUES THAT ARISE VOTN DOES ITS BEST TO RESOLVE THEM, WE DO NOT PROVIDE GUARANTEES OR TIMELINES TO FIX ANY ISSUES WITH THE PLATFORM, YOU MAY NOT HOLD US ACCOUNTABLE FOR ANY BUGS OR ISSUES WITH THE PLATFORM, YOU ARE USING THIS PLATFORM ON AN AS-IS BASIS, YOU HOLD THE RIGHT TO CANCEL YOUR ACCOUNT AT ANYTIME IF YOU ARE NOT HAPPY WITH THE SERVICE.
1.6 ALL FEES TO VOTN ARE FINAL. ALL MONTHLY FEES / PLATFORM FEES AND DEVELOPMENT FEES TO VOTN ARE FINAL, THEY ARE NOT REFUNDABLE. IF YOU PRE-PAY TO VOTN A 1 YEAR PAYMENT, YOU HAVE 30 DAYS TO ASK FOR A REFUND AND CANCEL YOUR ACCOUNT, IF YOU DO NOT CONTACT US WITHIN THE FIRST 30 DAYS OF THE CHARGE, YOUR FEE IS NOT REFUNDABLE UNDER NO CIRCUMSTANCES.
1.7 If you are on a month to month agreement with VOTN, either party holds the right to cancel the agreement at anytime within a 30 day notice. Once the 30 day notice is given the account is terminated 30 days after the initial notice is provided.
2. The Services
2.1 The Services allow Supplier to stream and send The Company content in order that users can have access to and can purchase the Content, and that the Company can customise the look and feel of Supplier’s Content.
2.2 VOTN offers a 99% Uptime guarantee for the VOTN platform. This includes the Supplier’s content. The maximum refund amount for any downtime related to the platform failure or the Supplier’s failure to provide content is the price paid by the user to VOTN for that content.
2.3 Video-on-demand and live streaming services. All videos for on-demand and live streaming are provided by 3rd party CDN & video streaming services. VOTN does its best to provide the best service possible, in the cases of both video encoding as well as video delivery both for live streaming & on-demand VOTN is not liable for encoding or streaming issues related to 3rd party CDNs.
2.4 VOTN provides 24/7 technical support with the best effort to provide same-day responses.
2.5 VOTN is a platform of service, by using the VOTN platform you agree that no matter the cause, the max liable amount VOTN can be held liable for any case of negligence, downtime, errors, bugs or errors within our platform, is up to 3 months of total subscriber dues paid to VOTN. VOTN does its best to provide you with a premium experience & platform if any errors are made, the max refund & re-reimbursement we will offer is up to 90 days of the total dues paid to VOTN.
3. Provision of Services
3.1 Supplier agrees that any files or information uploaded is done so voluntarily at their own discretion and risk.
3.2 The Company offers no express or implied guarantees or warranties regarding the amount of payout, or any payout at all to Suppliers, the effectiveness of the Services offered, or that Supplier will find the Services satisfactory, complete, or benefit, or suitable for your own circumstances.
3.3 The Company will use commercially reasonable efforts to make the Services available 24/7, except for planned downtime for such things as support and maintenance that will be scheduled, to the extent possible, during low volume hours, and any unavailability caused by a force majeur event such as an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem, Internet service provider failure or delay. The Company shall not be liable for any suspension or termination of the Services caused by a force majeur event.
3.4 Supplier is required to obtain and maintain a high-speed Internet connection and appropriate browser software.
4. Uploaded Supplier Content
4.1 Supplier acknowledges and agrees that it is solely responsible for the form, content, and accuracy of any information submitted and is responsible for its own communications and for the consequences of all such communications.
4.2 Supplier shall not provide any information or engage in communications that is false, defamatory, libellous, hateful, threatening, harassing, racially or ethnically offensive, pornographic, obscene, or encourages anything that would be considered a criminal offence, give rise to civil liability, violate or infringe any third party rights or any law or regulation, including but not limited to laws or regulations relating to intellectual property rights, or harm or threaten the safety of any person. Supplier shall not upload or attempt to provide any type of content that is pornographic. As a private company, VOTN holds the right at any time to deny offering you the ability to use the VOTN platform.
[COVID-19 Amended terms / June 2020] Due to recent events, we are amending our terms in relation to the COVID-19 pandemic. With this amendment, any content that is focused on the pandemic (including, but not limited to, vaccines, infection rates, COVID-19 related deaths, and other sensitive topics) is considered a sensitive matter and we reserve the right to remove any COVID-19 content that may be considered sensitive, as well as to remove any account associated to sensitive content immediately. All other policies outlined below still apply.
You may not upload any content that:
– Is sexually explicit (e.g pornography).
– Is hateful, or discriminatory or defamatory or incites hatred against any individual or group.
– Promotes or supports terror or hate groups.
– Exploits minors.
– Depicts unlawful acts or extreme violence.
– Promotes fraudulent or dubious business schemes or proposes unlawful transactions.
– Violates any applicable law.
– Depicts or encourages self-harm.
– Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc)
– Depicts animal cruelty or extreme violence towards animals.
4.3 By uploading information, Supplier grants to Company the right to store, transcode, and modify the uploaded information to ensure its compatibility with the Platform (Encoding, Streaming, Encryption, Security & Delivery).
4.4 Supplier has the responsibility to submit age policy information and ensure compliance with age restrictions.
4.5 Supplier warrants and represents that it possesses full right, power, and authority to enter into and to perform this Agreement and that it will not grant to any third party any rights that will derogate from or be inconsistent with the rights granted herein.
4.6 Supplier warrants and represents that there exist no oral or written obligations that would in any way interfere with the performance of its obligations or the grant of rights under this Agreement.
4.7 Supplier warrants and represents that all uploaded Supplier Content is original, wholly owned by Supplier, duly licensed, or is in the public domain and does not violate, conflict with or infringe any third party rights.
4.8 VOTN does its best to protect and store your data, but its the sole duty of the Supplier to have a copy and backup of all your videos and content uploaded to the VOTN platform, VOTN uses various CDNs and AWS hosting to store its videos and content securely. Any loss of data for videos and content uploaded to VOTN is the sole responsibility of the Supplier to re-upload and restore, VOTN does not hold any liability or guarantees for any videos or content lost on the VOTN network.
4.9 VOTN uses various transcoding services to deliver multi-bitrate video across various devices, VOTN does not store or backup the original file uploaded to VOTN, the Supplier must keep a backup of all files uploaded to VOTN as VOTN will not restore or allow the Supplier to download the original file uploaded to VOTN once its been encoded. All backups of videos are the responsibility of the Supplier.
4.10 All content uploaded to VOTN must be behind a paywall or sign in. Except for short trailers under 10 minutes on select videos, both video-on-demand and live streaming content must be put behind a paywall for all viewing purposes. VOTN is best at being a paywall, our platform & streaming rates do not allow us to deliver video that is free and open to the public, please use Youtube for your open videos & free content, VOTN is designed as a paywall/gated content. On any package, unless otherwise indicated in the pricing agreement for custom plans, all videos must be protected behind a login or paywall and not open to the public for open viewing.
4.11 Live streaming is streamed via global CDNs to ensure the best experience possible. Live streaming is automatically encoded into multi-bit rates for delivery. We do our best to offer you and your viewers the best experience for live streaming. Since live streaming is streamed via 3rd party CDN’s we do not offer a guarantee for their services as it is not in our control. This also includes auto-archive & recording to Live, we do our best to auto record all live streams but we do not offer a guarantee for the auto-record for live streaming.
5. Payments to Supplier
5.1 The Company shall collect all fees in a format and through procedures initiated in its sole discretion for accessing or viewing Supplier’s Content.
5.2 The payments to the Supplier is paid on a monthly basis depending and prices are on a case by case basis per Supplier and content.
5.3 Stripe – payments are all accepted through the VOTN Stripe account, and payouts are made according to our systems payout schedule.
6. Confidential Information
6.1 Supplier shall not disclose any information about the Company or its business, other than information publicly available, to any third party, or use such information for its own or any third party purposes.
6.2 The transactional data collected through the Services is Confidential Information and Company agrees to hold the Confidential Information in strict confidence and not to disclose the Confidential Information to any third party except in the situation where the Company is required to comply with any applicable law or regulation or with a court order.
7.1 These Terms of Service, and any rights granted hereunder may not be transferred or assigned by Supplier.
8. Governing Law and Jurisdiction
8.1 These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Ireland applicable therein, without regard to conflict of laws. Supplier irrevocably consents to the exclusive jurisdiction of the courts located in the Republic of Ireland in connection with any action arising out of or related to these Terms of Service or their subject matter. Supplier waives any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
9. Additional Terms
9.1 Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and the Company.
9.2 If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
9.4 The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative.
9.5 Supplier consents to the use of electronic means to deliver any notices pursuant to this Agreement and electronic records to store information related to these Terms of Service.
9.6 Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual Supplier that accepts this Agreement and it does not create any rights for any other parties.
9.8 Supplier grants to VOTN the right to use Supplier’s name as a customer of Company on its website www.VOTN.tv and social media channels such as Facebook, Instagram, Twitter and YouTube, and to re-use any images and videos made public by the Supplier on the social channels & websites owned by VOTN.
9.9. All billing unless otherwise indicated in your agreement, is month to month, we do not offer pro-rated refunds if you cancel prior to your renewal date.
9.10 We do our best to ensure proper analytics, all analytics relating to users, videos, live streaming analytics is on an as-is basis, we do not offer guarantees for its accuracy. At this time analytics are provided for website, mobile browsers & mobile apps, we do not offer analytics for TV Apps, we are working on adding these in the near future.
9.11 VOTN holds the right to modify & change packages & plans which may impact the content your account payments & fees. If you are on a month to month agreement with VOTN, the features & fees are subject to change at any time.
9.12 All fees collected by Stripe.com are Stripe fees and not related to VOTN fees, you can check all related fees of Stripe at www.stripe.com.
9.... Geo-blocking restrictions can be set for specific videos or collections, these restrictions are by country and enforced on the web application only and not the mobile & OTT apps. The only way to restrict content via the apps is to restrict download of the apps in those specific countries. VOTN is not liable in any shape or form for geo-blocking accuracy as geo-blocking by countries is based on IP Address.
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.
If you breach this Agreement, VOTN 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; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If VOTN deletes your account for breach, you may not re-register to VOTN’s services again.
(This agreement was last updated on September 1st, 2020)