OKAST Terms of Service Agreement
Updated on August 29, 2019
Service: refers to the OKAST platform, a solution enabling creators/producers/owners of audiovisual content, using a dedicated digital tool, to create video streaming platforms to directly promote and monetize their digital content(s).
User: refers to a person who uses the Service to create a platform to promote and/or sell one or more Content(s).
Publisher: refers to any person, right holder, creator or video content (s) producer registered on the Service to present, sell or monetizing user licenses for the Content he has created and for which he owns all exploitation rights.
Buyer: refers to a user who purchases or leases a license to use one or more Content(s) and/or Offers on the Site, or who has subscribed to a subscription on the Site.
Visitor: Individual or legal entity accessing for exclusive consultation only the Service offered by OKAST or the Publishers’ Sites.
Content: refers to, but is not limited to, videos, photographs, images, illustrations, graphics works, music, video clips, data, software and any other material or information associated with registered trademarks or intellectual property offered by the Publisher in digital format.
Offer: refers to the offer to sell, rent or subscribe to one or more Content(s) on the Site on behalf of the Publisher.
Site: Publisher’s website (or streaming platform) generated via the Service, edited and operated by the Publisher who is responsible for the content.
Back Office: refers to the software access in which the Publisher stores his personal information, his Content, and modifies the parameters of his Site.
Configuration Requirements: refers to computer equipment including a recent terminal, a recent Internet browser and a sufficient high-speed connection to the Internet network.
Streaming: linear broadcasting of a program is a stream of sound images without the possibility of downloading and consisting in the transmission of Content within a buffer memory allowing the playback of a video stream to begin as it is broadcast.
1. PURPOSE AND SCOPE OF APPLICATION
The purpose of these terms is to define the conditions of use of the website https://okast.tv/ (the “Service”), created, published and managed by M.E.I Group, a simplified joint-stock company with a capital of 102 160.54 €, whose registered office is located at 6, promenade Saint Leufroy, 92150 Suresnes, registered in the Nanterre Trade and Companies Register under number B 790 589 469 (the ” Company “).
The Company offers a service that allows video creators, rights owners, artists and producers (hereinafter referred to as “the Publisher”) to quickly and easily create a video or content on-demand offer hosted on a dedicated URL (the “Site”), in order to offer their content for free or against a paywall to a buyer (hereinafter referred to as “the Buyer”).
The Publisher may distribute, and make available via the Site, other third-party sites, emails, social networks or any other media, various contents, including but not limited to videos, photographs, images, illustrations, graphics works, music, video clips, data, software and any other material or information associated with registered trademarks or related to intellectual property (hereinafter referred to as the “Content”).
2. ACCEPTANCE AND APPLICATION OF TERMS
These Terms (hereinafter referred to as the “Terms”) describe the terms and conditions applicable to access to the Service offered by the Company.
Any Visitor or User of the Service is deemed to have read the Terms in their entirety and accepted them without reservation by simply visiting the Service and the Sites, and therefore undertakes to comply with them.
In the event of non-acceptance of all or part of these Terms, the User waives any use of the Service. The Company reserves the right to modify the Terms at any time. Amendments may be made to comply with applicable law, but not necessarily. The modifications are applicable as soon as they are published. If a User disagrees with the amendments to the Terms, he/she must waive the Service. When a User uses the Site, the Application, and the Services, he or she agrees not to violate any applicable local, provincial, state, federal or other laws or regulations, or any court order.
Publishers can register for the Service from the https://editor.okast.tv/signup page, however, final access to the Back Office is controlled by OKAST. All the Sites created by the Publishers are freely accessible by any User or Visitor, except access to a Content, which may be subject to a charge.
The mere visit of the Service and/or the Sites is considered as a total and unreserved acceptance of the Terms and implies the unconditional and irrevocable commitment of the visitor to respect them throughout the duration of use of the Service and the Sites.
3.2 Registration and subscriptions
Any Visitor wishing to benefit from the OKAST Service can register and create a Publisher profile by providing the requested information, and by subscribing to the chosen plan (Tiny, Start, Run, Fly or VIP).
Tiny, Start, Run & Fly plans can be subscribed directly by paying online. On the other hand, the VIP plan requires a specific contract discussed with a sales representative. Subscriptions are tacitly renewable for the same period and can be canceled according to the terms of the contract. Any subscription started is due.
Fees: Subscriptions are subject to payment of all fees (including taxes) on the date of subscription and for each renewal. Our fees may include a fixed monthly or annual fee plus variable transaction or usage fees.
Free trials and discounts: in some cases, it is possible to benefit from free or reduced-price trials. When a free trial period ends, the paid subscription begins (unless previously canceled) and the full monthly or annual fee is due. If a discount is granted, it is only valid for the first subscription period, then for any renewal, the full fee is due.
Refund Policy: Subject to the terms and conditions hereof, self-serve subscribers who subscribe to a plan may cancel and receive a full refund of their initial purchase within thirty (30) days of the purchase of a monthly subscription. Our refund policy does not apply:
Our refund policy does not apply to:
– Subscription renewals or migrations to other plans;
– Requests made after the specified periods;
– Fees other than annual or monthly subscription fees;
– Customers who joined using a promotion that expressly disclaimed our refund policy;
– Customers who have breached this Agreement or whose accounts were terminated in accordance with our Copyright Policy;
– Customers who have initiated a chargeback dispute;
– or VIP plan customers.
The User’s payment information must be validated before the subscription is activated. The User will be able to pay using the available payment options. OKAST reserves the right to reject any order at any time. The User will accept to pay the price indicated at the time of his order, as well as all applicable taxes. The User will also accept the billing frequency indicated at the time of ordering. If the initial payment authorization is subsequently revoked, the User’s subscription will be terminated.
Once the subscription has been confirmed, all the Service features included in the plan will automatically appear when the User logs into the Back Office.
The Publisher agrees that in the event of unsubscription, it will lose access to the Service and features. The uploaded Content will be deleted from OKAST servers. The Publisher may change the plan during the period:
– if it changes to a higher fixed price, the new pricing will be implemented pro-rata to the current period;
– if it changes to a lower package, the new pricing will be implemented at the end of the current period.
If the publisher chooses to switch to a lower package, he agrees to lose access to certain features and some stored content may be deleted if the package does not include the necessary storage level.
The Back Office will be accessible using a user name and password (the “Login Details”) after validation by the OKAST Service administrators.
The User undertakes to ensure the confidentiality of his Login Details. Any connection to the Service using the User’s IDs and passwords is deemed to have been made by the User. The User remains solely responsible for the use of these identification elements or the actions or declarations made by the intermediary within the Back-Office, whether fraudulent or not. The User guarantees the Company against any recourse in this respect. The User undertakes never to use the Login Details of another User, and not to disclose his Login Details to a third party.
The Company reserves the right, at its sole discretion, to refuse a registration or delete a User’s account, profile or Publisher’s project.
If the User is aware of another person’s access to his Back Office, he will inform the person in charge of the Service by e-mail at firstname.lastname@example.org.
Users under 18 (eighteen) years old, or older if required by the applicable law to commit legal acts, are not permitted to register an account unless they have written authorization from the parent or legal guardian. If OKAST requests it, the user will have to provide this authorization.
3.3 Duration and termination
The validity period of registration is subject to payment of the subscription to the service. OKAST nevertheless reserves the right to delete any User account in default of payment or not activated for more than ninety (90) consecutive days, as from its creation by a User.
The Publisher may terminate his account at any time by making a request via email@example.com. In this case, he accepts that the platform will be inactive and that access to all Content and/or Offers will be deleted for Buyers. The Publisher is responsible for the compensation or refund if any, of Purchasers with an active offer at the time of termination of the Service. OKAST cannot be held responsible for the failure of a Publisher to fulfill its obligations towards its subscribers, customers, and Buyers.
Also, OKAST reserves the right to automatically delete any User account without notice or compensation in the event of a serious and/or repeated breach by the User of the Terms. The User expressly accepts that the Company may, without notice or compensation, terminate all or part of the Services provided on the Site without having to justify it.
After termination, the User will no longer have access to the account and will not be able to use the OKAST Service. OKAST will delete all User account information, except for data that would still be required for the OKAST service and its administration, such as the User’s billing information.
Except for the 30-day refund guarantee, valid only at the first account creation, after the termination of this User Agreement, the User shall not be entitled to any refund.
If OKAST decides to delete a Publisher account for violation or serious breach of these Terms, it shall also not be liable for any compensation or refund to the Purchasers of the Service. The Publisher shall be responsible for the financial consequences of the termination of its Service.
In the event of non-compliance with these Terms, the User will indemnify OKAST for any future damages or liabilities arising from this User Agreement and/or the use of the OKAST Service, if possible under the conditions of applicable mandatory law.
3.4 Minimum system requirements
Use of the Service requires access to the Internet network and compliance with the Configuration Requirements. As the provision of these Configuration Requirements is not included in the Service, the User shall be personally responsible for obtaining such access from the appropriate operator freely chosen by the User and under the User’s responsibility. The User declares that he/she knows and accepts these configuration constraints and undertakes to comply with them.
OKAST declines all responsibility and will have no obligation to refund, in the event of non-functioning or malfunctioning of the Service due to lack of connectivity to the Internet or lack of respect of the systrem requirement.
The User undertakes not to use the Service in contradiction with what is prohibited by the Terms or any applicable law. The User is responsible for all his activity on the Service. The User must not, nor allow a third party to use his account to submit content with the following characteristics:
– Sexual or pornographic content,
– Shocking or violent visual content, or any Content that is intended to shock, arouse unhealthy interest or violate respect for individuals,
– Content that incites hatred, or expresses violence against a person or group on the grounds of their ethnic origin, religion, disability, gender, age, nationality, veteran status or sexual orientation/identity, or content whose main purpose is to incite hatred based on these criteria,
– Unauthorized content promoting scams or spam,
– Content containing viruses with the intention of harming others in any way,
– Content promoting offline and online gambling,
– Dangerous or pernicious content, or encouraging Internet users, and in particular children, to reproduce dangerous acts,
– Content that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to the User or any other person, or any animal,
– Content that may create a risk of damage to persons or property or that may constitute or contribute to a crime or misdemeanor;
Publishers may only publish Content that they have created and produced and/or for which they own all the exploitation rights for distributing on the Site. It is also prohibited to publish Content protected by copyright, such as music tracks, extracts of protected Content or any other Content not created by the User for which they do not have the necessary authorizations.
OKAST reserves the right, but is under no obligation, to reject or remove any content that violates these provisions. The publication of Content on the service shall in no way replace Collective management organizations.
In addition, the User must not:
– take any action that imposes or could impose (as determined by OKAST in its sole discretion) an unreasonable or disproportionate burden on the Company or its infrastructure and suppliers;
– interfere or attempt to interfere with the proper functioning of the Service or any activity conducted on the Service;
– circumvent the Company’s security measures to prevent or limit access to the Service (or other accounts, computer systems or networks connected to the Service);
– extract or reuse elements of the Service, such as, for example, contact information for other users or service providers on the Service;
– use the Service for unlawful purposes or purposes that may constitute criminal offenses (see Criminal offenses provided for in Articles 323-1 et seq. of the Criminal Code).
The User must not, directly or indirectly:
– decrypt, decompile, disassemble, reverse engineer or otherwise attempt to modify the source code of the algorithms of all or part of the service;
– modify, translate, or create works derived from any part of the service;
– copy, rent, distribute, or transfer the license rights acquired as a Purchaser.
The Company does not guarantee that the Content will be available via the Service. The Company has no obligation to monitor the Service or the Content. The Company reserves the right, at any time, for any reason, and without notice:
– cancel, reject, interrupt, withdraw or suspend a Site or project;
– to remove or modify any content, or non-compliant submission of the user;
– to delete or block any user.
OKAST reserves the right to apply these rights at its sole discretion.
5. PAYMENTS AND PAYOUTS
5.1 Sale and monetization of Content
To publish or monetize Content, the User must create a Publisher account. It is then up to the Publisher to fill in all the necessary information and to upload the Content he wishes to publish or monetize. The Publisher sells the Content directly to the Purchaser.
It is the Publisher’s responsibility to set the prices of the Content. The Publisher warrants that it is the legal entity responsible for collecting the income of the Purchasers.
By creating an offer on the Service, the Publisher undertakes that the content will be immediately available, in accordance with its description on the Site and in accordance with Article 4.
It is impossible for a publisher to change the price of a subscription up or down if there is at least one active subscriber on this offer.
It will be the Publisher’s responsibility to comply with all its tax obligations and to declare the income generated by the Service and, if applicable, pay VAT or any other mandatory tax in the countries where it makes its revenues. OKAST does not collect taxes for Publishers. The price displayed by the Publisher will always be a price inclusive of all taxes. He will then have to pay the taxes if he is concerned. It is the Publisher’s responsibility to verify with the competent authorities the payments due.
For each transaction, OKAST provides the Publisher with a Buyer’s ID, the amount including VAT, the name and email address of the Buyer.
OKAST is not responsible for occasional payment defaults by Buyers, and cannot always guarantee the full amount due.
OKAST reserves the right to cancel a transaction at its sole discretion.
5.2. Publishers’ revenues and payout
The Publisher’s income is calculated on the price paid by the Purchaser, minus the OKAST commission if applicable (15% of the price paid by the Purchaser) to cover bank transaction costs.
The Publisher’s income will be collected via the Stripe payment system, or any other payment system set up. The use of the Service is therefore subject to the prior creation of a Stripe account or other compatible payment system. Transaction reports will be made available to the Publisher in its Back Office. To receive his income, the Publisher must fill in the appropriate fields in his Stripe account. OKAST cannot be held responsible if the information is incorrect.
If the Publisher uses the Stripe solution, its income due is immediately transferred to its Stripe account. OKAST cannot be held responsible for any costs retained by Stripe when reimbursing a Purchaser.
6. THIRD-PARTY SITES
The Service allows the Publisher to export certain features to third-party sites. The User accepts that he/she does so at his/her own risk. These other sites are not controlled by the Company, and OKAST declines all responsibility for the content, functions, legality, and relevance of these third-party sites. The User acknowledges and accepts that the Company shall not be liable for any damage related to the use of any content within a third party site. Hypertext links on the Site may lead to other sites. OKAST is not responsible for the content or actions of these sites.
7. PERSONAL DATA
In accordance with the General Data Protection Regulation adopted by the European Parliament on 14 April 2016 and the provisions of Act No. 78-17 of 6 January 1978, known as the “Data Protection Act”, as amended, any natural person has the right to access, modify, rectify and delete data concerning him/her. These rights may be exercised at any time by post at the Company’s registered office or by e-mail at the following address: firstname.lastname@example.org.
The User is informed that the Service and the customer files have been the subject of a CNIL declaration n° 1885227.
Any prospecting by the Company or any transfer to third parties (commercial partners, etc.) of this data will be subject to the User’s prior express consent.
OKAST undertakes to take all reasonable measures necessary to secure and protect the personal data and information of its Users, collected and processed by it. All personal data and information of service providers are subject to secure electronic archiving by the Company throughout the duration of the User’s registration for the Service and are deleted once his registration has been terminated and/or deleted. The data are only accessible by administrators who are strictly authorized for this purpose.
For payment purposes, bank details are collected by the payment service provider Stripe, whose solution has been certified PSI-DSS Service Provider Level 1, the highest international security standard, and thus secures the protection of card and transaction data.
A “cookie” is a block of data sent to a browser by a web server and stored on the computer’s hard drive. One or more “cookies” may be placed anonymously by the Company on the computer’s hard disk. These cookies do not contain any information of a private nature, or that could identify the Visitor. They enable the Company to continuously improve the Service offered on the Site in terms of access to content, to recognize the Visitor when he/she connects to the Site or Service, to facilitate the management of the Service, and they can be used for statistical purposes (pages viewed, date and time of visits, etc.). We also use social network cookies, which allow you to connect to your social networks and share content from our sites on social networks. Advertising (third party) cookies collect information to better tailor advertisements to your interests, both on and off our Sites. In some cases, these cookies require the processing of personal data. Rejecting these cookies may result in the display of ads that are not appropriate or prevent effective connection to Facebook, Twitter, or other social networks and/or prevent you from sharing content on social networks.
The user is informed that he or she may oppose the recording of these cookies, in particular by configuring his or her Internet browser to this effect.
9. INTELLECTUAL PROPERTY
All intellectual property rights of OKAST and the Service (including but not limited to: hardware design, source codes, screen layout, tools, API, user databases, trademark and patents), are the property of OKAST.
The User receives a non-exclusive, non-transferable, revocable and non-disposable right to use the OKAST service. The User is not authorized to copy, multiply, modify or change any work and works protected by OKAST’s intellectual property rights. Nor is the User entitled to sell or make public the works protected by OKAST’s intellectual property rights.
The user is not authorized to delete or modify any part of OKAST’s intellectual property. In no way does this User License Agreement transfer any intellectual property rights from OKAST to the user.
The works offered by the Publishers for downloading or streaming are only intended for strictly personal and private use. Any reproduction, adaptation or representation in any form and by any means whatsoever, including resale, exchange, rental or transfer to a third party, is strictly prohibited.