Film Monetisation Policy
Last updated: January 22, 2024
1. Acceptance
By using the WFCN Film Monetization Service, you agree to this Terms of Service Agreement. If you are an entity, the person registering the account must have the authority to bind the entity. The Agreement includes a mandatory arbitration clause detailed in Section 10.
2. Accounts
- Registration: To access certain features, create an account using your email. By doing so, you agree to receive notices from Vimeo and Producers.
- Age Requirements: Users must be at least 16 years old. If younger, parental permission is required.
- Parents and Guardians: Responsible for monitoring and supervising a child's usage, parents granting permission agree to the responsibility.
- Account Security: Users are responsible for all activities under their account. Safeguard credentials and report unauthorized access promptly.
3. Privacy
Review the Privacy Policy to understand data collection, usage, and sharing practices. Producers may access account information and activities related to their Programs.
4. Program Viewing and Purchase Options
Producers offer purchase options through Producer-branded platforms:
- Monetization: Earn revenue through advertising-based Video on Demand (VOD). WFCN deducts 30%, and a 3% processing charge, providing users with 67% of the payout.
- Copyright: Users retain sole authorization of copyright for their projects.
- Automatic Renewal: Subscriptions auto-renew until canceled, and payment occurs at the beginning of each period.
- How to Decline Renewal: Users can pause or cancel subscriptions through account settings.
- In-App Purchase: In-app purchases are billed by the app platform, not WFCN.
5. Licenses and Intellectual Property
- License to Programs: Users have the right to stream and download (if offered) Programs for personal entertainment during the specified rental or subscription period.
- Restrictions: Reselling, commercial use, redistribution, public performance, or making derivative works from Programs is prohibited. All rights not expressly granted are reserved by the Producer.
- WFCN Film Monetization Service: Users have permission to use the service solely for personal entertainment. All rights not expressly granted are reserved by WFCN.
- Producer Apps: Users have the right to use Producer apps for personal, non-commercial use on permitted devices. WFCN is responsible for app content, and the platform operator enforces terms.
- Your Content; Feedback: Users grant WFCN a license to use submitted content. Suggestions for improvement may be used without compensation.
Note: Content submitted must comply with the Acceptable Use Policy in Section 6.
6. Acceptable Use Policy
Users may submit content like images and text ("Content") on the WFCN Film Monetization Service, following the Acceptable Use Policy (AUP) outlined in this section. WFCN reserves the right to monitor accounts, content, and conduct, taking action against violations.
6.1 Copyright Policy
- Only upload content with proper rights.
- WFCN respects copyright; infringement may lead to account termination.
6.2 Content Restrictions
Users may not submit content that:
- Infringes third-party rights.
- Is sexually explicit, defamatory, harassing, or abusive.
- Promotes hate, terror, or violence.
- Contains harmful instructions, exploits minors, encourages self-harm, or violates laws.
- Contains false information or conspiracy-related content.
See WFCN Film Monetization Service Guidelines for detailed interpretations.
Community Guidelines:
- Share authentic content suitable for a diverse audience.
- Respect the law; no support for terrorism, organized crime, or illegal activities.
- Respect privacy and avoid hate speech.
- Be thoughtful when posting newsworthy events with graphic content.
6.3 Code of Conduct
Users must not:
- Use offensive screen names or avatars.
- Act deceptively, harass, harm minors, distribute spam, or collect personal information.
- Engage in unlawful activities or manipulate the service.
6.4 Prohibited Technical Measures
Users must not:
- Attempt to reverse engineer or alter the service.
- Submit malicious programs or interfere with the service's functionality.
6.5 Restricted Users
Users cannot create or maintain accounts if they are part of hate groups or located in embargoed countries. Purchases are prohibited in certain circumstances.
7. Disclaimers
- Use of the WFCN Film Monetization Service and any Program is at your own risk.
- The service is provided on an "as is" and "as available" basis, with no warranties.
- WFCN and Producers disclaim all warranties, including merchantability and fitness for a particular purpose.
Additional disclaimers cover the availability, quality, and content of Programs, as well as the actions of Producers, and external links provided by Producers.
8. Limitation of Liability
WFCN, its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) shall not be liable for:
1. Direct, Indirect Damages: Any direct, indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses.
2. Disputes: Damages relating to any dispute between you and a Producer or other WFCN Film Rental Service user.
3. Damages Cap: Damages exceeding the greater of USD $100 or the amounts paid by you to WFCN over the 12 months preceding the filing of your claim.
These limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, regardless of WFCN's awareness of the possibility of such damage. Some jurisdictions may not allow these limitations, so they may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless WFCN, its Services, its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability claim, demand, damages, losses, and costs (including attorneys’ fees) arising from:
1. Unauthorized use of any Program.
2. Breach of this Agreement or violation of any law or third-party right.
3. Any content you upload or submit to WFCN.
10. Arbitration Agreement; Jury Waiver; Class Action Waiver
This section establishes a binding arbitration agreement between you and WFCN:
1. Arbitration: All claims related to the WFCN Film Rental Service will be resolved through binding arbitration administered by JAMS.
2. Waivers: You waive the right to a trial by jury and any right to proceed on a class basis in arbitration or otherwise.
3. Arbitration Overview: Detailed information about the arbitration process, including location, class-action waiver, and jurisdiction.
11. General Provisions
1. Choice of Law: Disputes will be governed by the laws of New York State and the United States, without regard to conflicts of law principles.
2. Choice of Venue: Litigation, if necessary, will occur in federal or state courts in New York County, New York. You waive the right to a trial by jury.
3. No Waiver: WFCN's failure to enforce any term of this Agreement does not constitute a waiver.
4. Provisions Severable: If any term is invalid, the remaining terms will remain in force.
5. No Third Parties: Except for Producers enforcing terms, no third parties have rights under this Agreement.
6. Force Majeure: Neither WFCN nor any Film Submitter is liable for failure or delay due to circumstances beyond their control.
7. U.S. Export Compliance: You may not use the service in violation of U.S. export control laws.
8. Entire Agreement: This Agreement, including referenced policies, constitutes the entire understanding between you and WFCN.
Contact Us:
For support questions, contact us at [email protected]. Notices of a legal nature should be sent to the provided email address.
