SkoVu TV Streaming Agreement
PLEASE READ THIS
AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACTIONS AS A STREAMER ON THE
SKOVU STREAMING NETWORK.
I.
Introduction.
Welcome to the
SkoVu, Streaming Network, LLC, (“SkoVu”, “us” or “we”)
streaming video-on-demand network, consisting of original films, series, and
shows. This STREAMER agreement (this “Agreement”) for the SkoVu
Streaming Network is a legal contract between you, an individual user of at
least 18 years of age or a single entity (“you”, “User”, “user”
or, collectively, “Users”, “users” or “STREAMERs”), and
SkoVu regarding your use of the SkoVu Streaming Network. The SkoVu Streaming
Network allows certain users called STREAMERs to distribute and display
streaming live videos (“SkoVu Performances”) and to distribute, post and
display textual and photographic comments (“STREAMER Comments”) and
personally identifiable information commonly known as name and likeness (“STREAMER
Name and Likeness”). SkoVu Performances, STREAMER Comments and STREAMER
Name and Likeness, together with all other text, files, images, photos, video,
sounds, musical works, works of authorship, applications, preview clips and
artwork created from SkoVu Performances, STREAMER Comments and STREAMER Name
and Likeness (pursuant to this Agreement) or any other materials submitted,
displayed, published, posted or transmitted through or on the SkoVu Streaming
Network by STREAMERs are collectively referred to as “STREAMER Submissions”.
The “Effective Date” of this Agreement is the date on which
you agreed to SkoVu Streaming Network’s Terms of Service and completed this form.
II.
Incorporation by Reference.
Your use of the
SkoVu Streaming Network is subject at all times to this Agreement and the Terms
of Service. The Terms of Service are hereby incorporated into this Agreement by
reference. For information regarding how SkoVu collects, uses and discloses
your personal information, please see the SkoVu Privacy Policy on SkoVu’s
website.
III.
Modification of this Agreement.
SkoVu reserves the
right, at its discretion, to change, modify, add, or remove portions of this
Agreement at any time by posting amended terms to this Agreement. SkoVu will
notify you when material changes are made to this Agreement. Please check this
Agreement periodically for changes. Your continued use of the SkoVu Streaming
Network after the posting of changes constitutes your binding acceptance of
such changes.
IV. STREAMER
License Grant.
Although you
retain all ownership in your STREAMER Submissions, you hereby grant SkoVu a
worldwide, perpetual, fully assignable, royalty-free right and license, with
the right to sublicense as necessary to perform its obligations hereunder, to
do the following.
(i) create preview
clips and artwork from your STREAMER Submissions and make available your
preview clips and artwork via the SkoVu Streaming Network to users; (ii)
encode, transcode, compress or convert your STREAMER Submissions into any
format, any bit rate, and using any Codec now known or later developed;
(iii) store your
STREAMER Submissions on one or more servers in order to deliver Streams,
display your STREAMER Submissions to users and for routine archival purposes;
(iv) use and
publish, and to permit others to use and publish, the name(s), trademarks,
likenesses and biographical materials of you and all persons rendering services
in connection with your STREAMER Submissions, in connection with the SkoVu
Streaming Networks;
(v) edit,
reproduce, distribute, publicly perform, stream, display, transfer and host
your STREAMER Submissions; and
Such rights and
licenses will apply to any form, media, or technology now known or hereafter
developed.
By distributing or
disseminating STREAMER Submissions through the SkoVu Streaming Network, you
hereby grant to each user of the SkoVu Streaming Network that is authorized to
access your STREAMER Submissions a perpetual, personal, non-exclusive license
to access and view your STREAMER Submissions.
SkoVu will not be
obligated to account and pay performance, mechanical or other royalties to you,
all such sums being included in the STREAMER Payment (as described in Article
VII below).
V. The Term.
The time period
that this Agreement is in effect begins on the Effective Date and continues for
at least one year (12 months) on the SkoVu Streaming Network. After the term
has ended the option to renew will be based solely on a mutual agreement
between the STREAMER and the Skovu Streaming Network. SkoVu can terminate this
Agreement at any time by sending you a notice of their intention to terminate.
VI. Data and
Metrics.
SkoVu is the sole
owner of all data it observes or collects during or after the Term as part of
providing the SkoVu Streaming Network.
VII. STREAMER
Payment from Premium Content.
4.2.1. Allocation
from Transactions. For Actual End User Fees generated from Transactions (herein
defined collectively as Rentals) STREAMER shall earn fifty percent.
4.2.2. Allocation
from Subscriptions. For Actual End User Fees generated from Subscriptions,
STREAMER shall earn
· $25 for every 10 Paid Subscriptions (must
be a subscriber for at least 14 days) they personally refer up to 50 subscriptions
· $35 for every 10 Paid Subscriptions (must
be a subscriber for at least 14 days) they personally refer after 50
subscriptions but less than 100 subscriptions
· $50 for every 10 Paid Subscriptions (must
be a subscriber for at least 14 days) they personally refer after 100
subscriptions
4.2.3. Report and
Payment of Shares. STREAMER will receive a report detailing how allocations are
calculated as well as their allocation of Actual End User Fees up to (30) days
after the end of the month in which Actual End User Fees are collected by SkoVu
TV. STREAMER will be paid via PayPal or CashApp on the 15th of the following month, any earnings that total over $25 that were made the previous month.
VIII. STREAMER Encoding Options.
*STREAMER must subscribe to the SkoVu TV Roku channel ($9.99/month) in order to receive encoding minutes to stream their content
(1)
Basic.
STREAMER will receive 100 encoding minutes per month (30 days) at no additional charge as long as they stay a monthly subscriber. Any additional encoding minutes
per month, STREAMER will be required to pay $1 per extra encoding minute.
Encoding minutes do not roll over.
(2)
Professional.
STREAMER will receive up to 250 encoding minutes per month (30 days) for an additional $25 fee. Any
additional encoding minutes per month, STREAMER will be required to pay $1 per
extra encoding minute. Encoding minutes do not roll over.
(3)
Premium.
STREAMER will receive up to 500 encoding minutes per month (30 days) for an additional $40 fee. Any
additional encoding minutes per month, STREAMER will be required to pay $1 per
extra encoding minute. Encoding minutes do not roll over.
Coding payments must be made via PayPal (skovutv@gmail.com) or CashApp ($skovutv) prior to submitting content to stream on SkoVu TV. All approved content must be sent via private youtube link or Google drive.
IX. Miscellaneous.
The expiration of
the Term of this Agreement will not relieve either party from their respective
obligations incurred prior to or during the Term. Accordingly, the provisions
of this Agreement will continue to apply even after the expiration of the Term.
If we receive a claim that our distribution of your STREAMER submissions or any
other materials provided or authorized by you violates any third-party rights
or if a claim arises from your breach or alleged breach of the representations,
warranties, and covenants made by you herein, you agree to fully indemnify and
hold us harmless, and upon our request, defend us and our affiliates (and their
respective directors, officers, contractors and employees) from and against any
and all losses, liabilities, damages, costs or expenses (including reasonable
attorneys’ fees and costs) concerning any such claim. Accordingly, you agree to
reimburse us and our affiliates on demand for any payments made in the resolution
of any liability or claim that is subject to indemnification under this
paragraph. We will use reasonable efforts to promptly notify you of any such
claim, and by obtaining, posting and maintaining an adequate bond for our
benefit you may assume control of the defense of such claim, provided that we
will have the right in all events to participate in the defense thereof.
Additionally, you agree to indemnify, defend, and hold us harmless from and
against anything including all losses or liabilities (including reasonable
attorneys’ fees, costs, and expenses) arising out of any claims by any partner
that relates to your withdrawal of your STREAMER submissions (such as claims
alleging unfair business practices, or price discrimination). The Agreement and
any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by SkoVu without restriction. Any assignment
attempted to be made in violation of this Agreement shall be void. This
Agreement will be binding on the assigns, heirs, executors, personal
representatives, administrators, and successors (whether through merger,
operation of law, or otherwise) of each of the parties. This Agreement will be
governed and interpreted in accordance with the internal laws of the State of
New York applicable to agreements entered into and to be wholly performed
therein, without regard to principles of conflict of laws.
Disclaimer of
Liability:
READ THE
FOLLOWING CAREFULLY AS IT LIMITS OUR LIABILITY.
The SkoVu
Streaming Network is provided “AS IS,” without warranties of any kind. We expressly
disclaim any representations and warranties, including without limitation, the
implied warranties of merchantability and fitness for a particular purpose. We
shall have absolutely no liability in connection with the services including
without limitation, any liability for damage to your hardware, software, and
business resulting from the SkoVu Streaming Network. We make no warranty,
representation or guarantee as to SkoVu Streaming Network. We make no warranty,
representation or guarantee that the SkoVu Streaming Network will be
uninterrupted or error-free or that any defects can be corrected.
SKOVU, STREAMING
NETWORK, LLC
The
services are offered by SkoVu, Streaming Network, LLC, 5500 N Bailey Av Ste
932, Amherst, NY 14226
