This website is operated by Poovee Inc. You may contact us at: [email protected] Poovee.net provides visitors to its Web site with access to content via the World Wide Web and offers the opportunity for users to submit text, pictures, video and other content for posting on the Poovee.net Web site (the "Site") under certain terms and conditions.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
AGREEMENT TO USER CONDUCT RULES
You agree to abide by Poovee.net's User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose: By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates Poovee.net's rules or policies; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. Poovee.net generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, Poovee.net and its agents have the right at their sole discretion to remove any content that, in Poovee.net's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Poovee.net is not responsible for any failure or delay in removing such content.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under Poovee.net's control, and you acknowledge that Poovee.net is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Poovee.net or any association with its operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
USER'S GRANT OF LIMITED LICENSE
Please refer to YOUR CONTENT, CONDUCT & LICENSING OPTIONS
POOVEE>NET'S CONTENT POLICIES
Poovee.net is committed to promoting the most up-to-date and unique content possible while maintaining standards consistent with the Internet community and the societies of the world. Poovee.net actively audits and approves content that goes live on the Poovee.net website, however there may be instances where an individual deems a piece of our content to be offensive or inappropriate. In this case, please immediately email [email protected] to have this content removed. Accordingly, Poovee.net will NOT process, digitize, post, upload, store, share or otherwise display on the Poovee.net website: Content or material that we believe is pornographic, obscene, or of an adult or sexual nature; Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity; Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18; Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to: Instructions on how to assemble or use bombs, grenades or other weapons; and Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual.s right to privacy. Copyrighted content or material that is used without the express permission of the owner; Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or Any links to the above. Poovee.net has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site are always examined before they are put on the website. You acknowledge that Poovee.net has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice. You should also know that in visiting the Poovee.net website, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure. As stated above, if you run across something you deem to be offensive, please email [email protected] to have this content removed.
VIDEO CREATOR LICENSING OPTIONS, TERMS, & CONDUCT
As a Poovee account holder you may submit Content to the Service, including videos user comments. You understand that Poovee does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Poovee all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. As used herein, "Net Earnings" means aggregate cash amounts collected and recognized as revenue under generally accepted accounting principles by Poovee arising from the license of your video less any amounts due to a Poovee Publisher/Syndication Partner, hosting costs, taxes and/or exchange rates. Depending on the option you select during the Uploading process (found here: https://poovee.net/upload.php), you hereby grant Poovee the following license and/or rights management:
- Video Management: You are assigning the exclusive rights management of your content to Poovee. Poovee will be obligated to pay 60% of the Net Earnings collected from 3rd parties in relation to your video with the exception of YouTube.com. On YouTube.com, you will retain 90% of all Net Earnings generated in relation to your video directly on YouTube.com including on the Poovee owned and operated YouTube channels. Poovee will also claim, and police all infringing copies of your video. You are granting Poovee an exclusive, worldwide, commercial, sub-licensable and transferable license to use, reproduce, distribute, edit, syndicate, prepare derivative works of, display, and perform the Content in connection with the Service and Poovee's (and its successors', partners and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
- Non-Exclusive: You retain all of your ownership rights to your Content. However, by submitting Content to RUMBLE and selecting the NON-EXCLUSIVE option, you hereby grant RUMBLE a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Poovee's (and its successors', partners and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
- Poovee Player: You retain full control and all rights to your video. You are only granting a non-exclusive license to access your Content through the Poovee Video Player, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Poovee video player. Poovee will be obligated to pay you 60% of the Net Earnings collected from advertisments within the Poovee Video Player.
- Not For Sale: You retain full control and all rights. Poovee will not partake in any promotion or any dealings what so ever relating to your content. Poovee will only retain the license to display the Content on Poovee's Video Player or owned websites.
In addition to the selected option above, you also grant Poovee the following. Term: The above licenses granted by you are perpetual and irrevocable. By signing this agreement you hereby give Poovee permission to license the Content and to use the Content in any Media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service. You agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Poovee all of the license rights granted herein. All payments will be remitted to your Poovee account 30 days after Poovee receives payments by our 3rd party partners. If an upfront payment amount is indicated below and agreed upon with your account manager, the amount indicated will be immediately issued to your account. This upfront payment will be applied against any earnings accumulated in the future with respect to the video indicated herein. Poovee does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Poovee expressly disclaims any and all liability in connection with Content. Poovee does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Poovee will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Poovee reserves the right to remove Content without prior notice.
VIDEO PUBLISHER LICENSING OPTIONS, TERMS, & CONDUCT
If your account qualifies for a Poovee Publisher account, any activity on the Poovee Video Player using the Monetized Embed Code will apply to your account as follows. As used herein, "Net Advertising Revenues" means aggregate cash amounts collected and recognized as revenue under generally accepted accounting principles by Poovee arising from the license or sale of the pre-roll, mid-roll, post roll or overlay advertisements included within the Poovee Video Player less any amounts due to hosting. Rumbe shall retain all revenues derived from all other advertisements, promotions, links, pointers and similar services or rights. Poovee Publisher are entitled to a 50% Revenue Share of the applicable Net Advertising Revenue within thirty (30) days following the end of each month whenever a Poovee Publisher uses the Poovee Monetized Embed Code. Analytics will be directly reported into the Publisher Dashboard within your Poovee account. Poovee may reduce payments for bad debt, chargebacks, and refunds within sixty (60) days of the payment to which the bad debt, chargeback or fund relates. The first month for which payment is to be made shall: (a) begin on the first day of the month following the month of execution of this Agreement; and (b) include the portion of the month of execution following the Effective Date (unless this Agreement was executed on the first day of a month, in which case the month shall be deemed to begin on the first day of such month).
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To expedite our ability to process your request, such written notice should be sent to our designated agent as follows: Service Provider(s): Poovee Inc. If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from Poovee, we suggest that you email us at [email protected] with the subject as "ONGOING DMCA" where we increase the speed at which we are able to remove any infringing content on Poovee and also offer industry-leading content identification tools and personal management for your requests. Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims! Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Claimant information will be published on the Poovee site at anytime.
If you believe that material you posted has been removed in error, you should send our Copyright Agent, using the contact information listed above, a counter notice that includes the following: Your physical or electronic signature. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Poovee Inc offices may be found, and that you will accept service of process from the person who provided notification of copyright infringement, or an agent of such person. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on this site, you may notify Poovee.net. Please email [email protected] so we can investigate the matter further.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Poovee.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL POOVEE.NET, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Poovee.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Poovee.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Poovee.net, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Poovee.net reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Poovee.net in asserting any available defenses.
SEVERABILITY AND INTEGRATION