Consumers: In order to purchase a Program (including through a subscription), a consumer (“you”) must create an account with Novie
You are solely responsible for (i) maintaining the security of your account(s) and (ii) all activity that occurs under your account(s). You must notify us immediately if you suspect any unauthorized access to or use of your account(s). If you forget your account login information, you may request that we send it to the email address associated with your account(s).
Novie, and vendors acting on Novie’s behalf, may collect information from and about you as follows:
Third Party Platforms: When you use an application that runs on a third party platform (e.g., iOS, Android, etc.), the provider of that third party platform may collect information about you and your use of our application.
Google’s use of advertising cookies enables it and its partners to serve ads to you based on your visit to this site and/or other sites on the Internet.
Vimeo may use the information that we collect about you to:
Vimeo may disclose information about you as follows:
Authorized Service Providers: We may disclose your information to service providers involved in operating our business. This includes payment providers, email service providers, content delivery networks, cloud storage providers, analytics companies, and professionals such as accountants and lawyers.
To the Public: We may publicly disclose aggregated user statistics and other information. If you create a Producer account and sell a Program, Novie may publicly disclose the fact that you are a content seller that uses the Novie Service.
When you create an account, you may receive certain emails:
Transaction emails: When you first register with Novie, we may send you a welcome email that provides information about the Novie Service and your account. If you make a Purchase, we may send you an email confirming your Purchase. We may also, from time to time, send you other emails concerning your account status. You may not opt-out of receiving transactional emails./
Newsletters: We may send you newsletters and other emails about new or upcoming Novie products, services, or offers. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.
We use security measures to protect the loss, misuse, and unauthorized alteration of the information under our control. Please be advised, however, that we cannot guarantee that our security measures will prevent disruptions or unauthorized access from occurring.
You may choose not to provide us with certain information. If you fail to provide us with certain information, you might not be able to use certain services that we offer.You may change your account information or close your account(s) at any time by logging into your account and selecting account settings. If you close an account, you may lose access to Programs that you have purchased. We may preserve your account information (i) for a period of time in case of accidental deletion or in case you change your mind; and (ii) where we believe in good faith that preservation is required by law or necessary to enforce our rights.
Consumers: In order to create a consumer account with Vimeo or any Producer, an individual must be at least 13 years of age. Children older than 13 but younger than 18 must have the consent of the child’s parent or guardian to use the Novie Service.Producers: In order to create a Producer account, an individual must be at least 16 years of age.
We or a Producer may provide links to third party websites and applications. We have no control over such services and therefore refer you to their privacy policies for information on their respective privacy practices.
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Novie reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at https://www.noviemovies.com/terms or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Novie, and is subject to copyright, trade mark rights, and other intellectual property rights of Novie. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Novie.
In addition to the User Content, Novie may provide other third-party content on the Novie Services (collectively, the “Third-Party Content”). Novie does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the Novie Services.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Novie Services (the “Reference Sites”). Novie does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Novie Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
This Novie Affiliate Agreement (“Agreement”) contains the terms and conditions that govern your participation in the Novie Affiliate Program (“Program”), which is operated by Novie and its affiliates (collectively, “we”, “us”, “our” or “Novie”). Any person or entity that participates or attempts to participate in the Program (such person or entity, “you”, or an “Affiliate”) must accept this Agreement without change.
1. Description of the Program. The Program permits you to monetize the exhibition of your User Content through the products, services or programs described herein.
2. Eligibility and Compliance.
2.1. General Eligibility. As part of the enrollment process into the Program, you must submit a complete and accurate Program application (including all forms, documents, or certifications as may be required to satisfy any tax obligations with respect to payments under this Agreement). If you are an individual, you must be at least 13 years of age. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only participate in the Program under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. We will evaluate your application and notify you of its acceptance or rejection. We will determine your eligibility at our sole discretion.
If we (a) reject your application or (b) terminate your account in connection with any violation or abuse, including, but not limited to any violations of the Terms of Service and the Community Guidelines, you cannot attempt to re-join the Program without our advance written authorization.
2.3. Violations. If you violate this Agreement, or the Terms of Service, in addition to any other rights or remedies available to us, we reserve the right to withhold (and you agree you will not be eligible to receive) Program Fees otherwise payable to you under this Agreement, whether or not directly related to such violation.
3. Program Fees. You may be eligible to receive the following fees under this Agreement as part of the Program (collectively, the “Program Fees”):
There are no program Fees apart from Novie’s 15% commission on all donations.
4. Payments.4.1. Payment Terms. Program Fees payable by Novie to you will be paid to you on a monthly basis, within forty-five (45) days after the end of each calendar month, in United States Dollars, less (a) billing and payment costs (which may include monthly and pre-transaction processing charges and merchant bank fees); and (b) returns, refunds, chargebacks, discounts and credits; provided that you have timely delivered to Novie all documentation necessary and appropriate to effectuate payment. We will pay you any Program Fees in a payment method that you choose from the payment options that we will make available for the Program. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information through the Novie Service. Any changes to your contact and payment information will not be effective until at least seven days after submission to us. Novie will not be obligated to make a payment if the total amount to be paid to you under this Agreement is less than $50 (the “Payment Threshold”), and may instead accrue such payment obligation until such time as its overall obligation to you is at least the Payment Threshold. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under this Agreement.
4.2. Reporting. We will provide you with access to our dashboard which will provide data relating to Program Fees (“Reporting Data”). You acknowledge and agree that all Reporting Data is and will at all times be exclusively owned by us and will remain our confidential information.
4.3. Taxes. You may charge and we will pay applicable national, state or local sales or use taxes or value added taxes that you are legally obligated to charge (“Taxes”), provided that such Taxes are stated on the original invoice that you provide to us and your invoices state such Taxes separately and meet the requirements for a valid tax invoice. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such payment under this Agreement. Throughout your participation in the Program, you will provide us with any forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.
5. License. Other than as set out expressly herein or in the Terms of Service, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
7. Representations and Warranties. You represent, warrant, and covenant that (a) you are at least 13 years of age and have not been previously removed from or prohibited from receiving the Novie Services, (b) you will participate in the Program in accordance with this Agreement, (c) your participation in the Program will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing), (d) you have the full corporate right, power and authority to enter into this Agreement and to perform the acts required hereunder; (e) your execution of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; and (f) the information you provide in connection with the Program is accurate and complete at all times. You can update your information by contacting us through the Novie Service.
We do not make any representation, warranty, or covenant regarding the amount of Program Fees you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.
8. Novie Service Customers. Our customers are not, by virtue of your participation in the Program, your customers. As between you and us, all pricing, terms of sale, rules, policies and operating procedures concerning customer orders, customer service and product sales set forth on the Novie Service will apply to those customers, and we may change them at any time.
9. Term and Termination. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. We may withhold accrued unpaid Program Fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 8 and 11-17 will survive the termination of this Agreement. If you terminate the Agreement and your earned balance equals or exceeds the Payment Threshold, we will pay you your earned balance within approximately 45 days after the end of the calendar month in which the Agreement is terminated, pursuant to Section 4.1. Any earned balance below the Payment Threshold will be paid to you upon request. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
10. Modifications. Novie reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time (for example to reflect updates to the Novie Service or to reflect changes in the law). If Novie changes this Agreement, we will provide you notice of these changes, such as by sending an email, posting a notice on the Novie Service or updating the “Last Updated” date above. Please check this Agreement periodically for those changes. Modifications may include, for example, changes to the Program Fees, Program eligibility, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
11. Indemnification. You hereby release and agree to defend, hold harmless, and indemnify us, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission by you, including, without limitation any breach of this Agreement (including your representations and warranties in Section 7 above) or allegation or claim of negligence, strict liability, willful misconduct or fraud of you; or (b) your access to or use of the Program.
12. Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
13. Relationship of Parties. You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, or enter into any agreement or incur any liability on behalf of us.
We accept payment through major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our site (“Payment Methods”). You are subject to all terms and conditions of the Payment Method you choose. By submitting an order through the Novie Services, you represent and warrant that you are authorized to use the designated Payment Method and authorize Novie, or its designated payment processor, to charge the Payment Method you specify for the purchase amount, including all taxes and fees. All payments are to be made in United States Dollars, except where other currencies are offered via the Payment Methods made available by Novie.
By donating to a filmmaker; whether anonymously or not, you are accepting these conditions:
-Novie will retain 15% of all donations
-In case of Cancellation. Donations must be requested to be cancelled within 30 Days after the Donation Date.
-You are agreeing to give money voluntarily to Novie and its Affiliates for nothing in return.
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