Videomart Club Inc. (“Videomart”) is a Videoon Demand service (“VOD Platform”) providing creators a new opportunity toshare their art with the world.
1.1 These Terms and Conditions ("Terms") govern your use of the VODPlatform and the content and services offered on or through the VOD Platform,including but not limited to movies, television shows, original content, ebooks,art collectibles, videogames, and other video content (collectively, the"Content"). The VOD Platformand any other products, features, tools, materials and other services(including third-party branded services) offered from time to time by VODPlatform are referred to collectively as the “Services”.
1.2By using the VOD Platform, you agree to be bound by these Terms. If you do notagree to these Terms, you may not access or use the VOD Platform or theContent.
1.3Videomart reserves the right to modify, amend, or update these Terms at anytime, at its sole discretion. Any changes will be effective immediately uponposting on the VOD Platform or otherwise notifying you. Your continued use ofthe VOD Platform, the Content, and any Third-Party Content and Servicesfollowing the posting of changes constitutes your acceptance of such changes.
2. Licensing and Intellectual Property
2.1The VOD Platform and the Content are protected by copyright, trademark, andother intellectual property laws. You acknowledge that Videomart and/or itslicensors own all rights, title, and interest in and to the VOD Platform andthe Content, including all associated intellectual property rights.
2.2Videomart grants you a limited, non-exclusive, non-transferable, and revocablelicense to access and use the VOD Platform and the Content for your personaland commercial use, subject to these Terms.
2.3You may not use the VOD Platform or the Content for any purpose not expresslypermitted by these Terms, including but not limited to copying, reproducing,distributing, modifying, or creating derivative works of the VOD Platform orthe Content, included but not limited to AI generative softwares.
3. Account Registration and Use
3.1To access and use the VOD Platform and the Content, you must create an account("Account") and provide accurate and complete registrationinformation.
3.2You are responsible for maintaining the confidentiality of your Accountinformation, including your username and password, and for all activities thatoccur under your Account. You agree to immediately notify Videomart of anyunauthorized use or activity pertaining to you your Account or any other breachof security thereof.
3.3 You must be at least 18 yearsof age to become a member of the Videomart service. Individuals under the ageof 18 may only utilize the service with the involvement of a parent or legalguardian, under such person's account and otherwise subject to these Terms ofUse.
3.4 The VOD Platform may offerparental control features to help you manage access to age-appropriate Content.You are responsible for setting up and using these features to limit access toContent that you deem inappropriate for minors in your household.
3.5. By creating an Account andusing the VOD Platform, you represent and warrant that you are at least the ageof majority in your jurisdiction or have the consent of a parent or legalguardian. Some Content may be subject to additional age restrictions, and youagree to comply with any such restrictions.
3.6 The Videomart service and any content accessed through our service are foryour personal and or potential commercial use only and may not be shared withany other individuals. During your Videomart membership, we grant you alimited, non-exclusive, non-transferable right to access the Videomart serviceand Videomart Content through the service.
3.7 Certain titles may be available for yourpurchase on the VOD Platform and the right, title or interest shall betransferred to you. You agree not to use the service for public performances. Digital Media Tickets (DMTs) and DigitalVideo Tickets (DVTs) for your purchased title shall be governed according tothe “Digital Media Ticket Agreement.”
3.8 The Videomart service, including the Content library, is regularly updated.In addition Videomart will continually test various aspects of our service,including but not limited to our websites, VOD Platform and promotionalfeatures.
3.9 You agree to use theVideomart service, including all features and functionalities associatedtherewith, in accordance with all applicable laws, rules and regulations, orother restrictions on use of the Service or Content therein. Except asexplicitly authorized by us, you agree not to:
a. Violating any applicable laws, regulations, or third-party rights;
b.Engaging in any activity that is harmful, threatening, abusive, harassing,defamatory, vulgar, obscene, or otherwise objectionable;
c.Circumventing, disabling, or interfering with any security or access controlfeatures of the VOD Platform or the Content;
d.Using any automated means, such as bots or scripts, to access, scrape, orotherwise interact with the VOD Platform or the Content;
e.Decompiling, reverse engineering, or disassembling any part of the VOD Platformor the Content;
f.Attempting to gain unauthorized access to any part of the VOD Platform or theContent, or any systems or networks connected to the VOD Platform;
g.Using the VOD Platform or the Content in any manner that could damage the VODPlatform, Content, or Services.
h. Download, reproduce,distribute, archive, modify, display, perform, publish, license, createderivative works from, offer for sale, or use content and information containedon or obtained from or through the Videomart service;
i. Circumvent, remove, alter,deactivate, degrade, block, obscure or thwart any of the content protections orother elements of the Videomart service, including the graphical userinterface, any advertising or advertising features, copyright notices, and trademarks;
j. Insert any code or product ormanipulate the content of the Videomart service in any way;
k. Useany data mining, data gathering or extraction method;
l. Upload, post, e-mail or otherwisesend or transmit any material designed to interrupt, destroy or limit thefunctionality of any computer software or hardware or telecommunicationsequipment associated with the Videomart service, including any software virusesor any other computer code, files or programs.
3.10 The Videomart software isdeveloped for, Videomart and may solely be used for authorized streaming and toaccess content from Videomart. This software may vary by device and medium, andfunctionalities may also differ between devices. By using our service, youagree to receive, without further notice or prompting, updated versions of theVideomart and related third-party software. If you do not accept the foregoingterms, do not use our service.
3.11 By using our service, you agree to look solely to the entity thatmanufactured and/or sold you the Videomart ready device for any issues relatedto the device and its compatibility with the Videomart service. We do not takeresponsibility or otherwise warrant the performance of Videomart ready devices,including the continued compatibility with our service.
4. Blockchain Rights
4.2Videomart may, at its sole discretion, integrate blockchain technology tomanage, track, or monetize the Content, user interactions, or other aspects ofthe VOD Platform. By using the VOD Platform, you consent to the use ofblockchain technology in connection with the VOD Platform and the Content.
4.3If Videomart chooses to incorporate blockchain technology, you agree not totamper with, hack, or otherwise interfere with the proper functioning of suchtechnology or attempt to create or distribute unauthorized tokens, smartcontracts, or other blockchain-related items in connection with the VODPlatform or the Content.
5. Third-Party Content and Services
5.1The VOD Platform may include or provide access to content or services providedby third parties ("Third-Party Content and Services"). Videomart isnot responsible for the availability or quality of such Third-Party Content andServices and makes no representations or warranties regarding their accuracy,reliability, or completeness.
5.2Your use of any Third-Party Content and Services is at your own risk andsubject to the terms and conditions of those third parties.
5.3 You may encounter third partyadvertisements on the VOD Platform. Videomart does not endorse or sponsor any of the advertised productsand/or services and takes no responsibility for the products and/or services providedor promoted by advertisers. Any of yourinteractions with advertisers, through engagement or interactiveadvertisements, are at your own option and risk and you agree and acknowledgethat Videomart is not liable for any damages that may incur as a result of.
6. Membership and Videomart Club Card
6.1 Access to the VOD Platform and theContent may require a one-time membership fee for the "Videomart ClubCard" ("Membership"). By purchasing a Membership, you become amember of the Videomart Club Card program and gain access to certain benefits,including but not limited to, discounts, early access to exclusive content, andother special offers, as determined by Videomart in its sole discretion("Club Benefits").
6.2 You agree to provide accurate andcomplete billing information, including a valid credit card or other paymentmethod, and promptly update such information in the event of any changes.
6.3 The Membership is non-refundable, exceptas required by applicable law or as otherwise stated in these Terms. However,you may sell your Membership to another user, subject to the followingconditions:
a. Selling the Membership must be done in accordance with any transferprocedures specified by Videomart Club Inc.;
b. The buyer must agree to and complywith these Terms
6.4 The Membership is transferable, asexpressly provided in these Terms. You may not share, lend, or otherwise allowany other person to use your Membership to access Club Benefits without theexpress written consent of Videomart Club Inc. You may transfer and sell all rights and ownership in your Membership toanother user. However, all Membershipsare specific to a single user and transferring a Membership to another usershall result in the forfeiture of all rights in that Membership and thepurchaser shall assume all rights and ownership in said Membership.
6.5 Videomart reserves the right to change,modify, or discontinue the Club Benefits, or any part thereof, at any time,without prior notice. Any changes to the Club Benefits will be communicated toyou via the VOD Platform or the email address associated with your account.
6.6 If Videomart determines, in its solediscretion, that you have violated these Terms or engaged in any fraudulent,abusive, or otherwise improper use of your Membership, Videomart may terminateyour Membership, revoke your access to Club Benefits, and/or take any otherappropriate action, including reacquiring any Content for which you havepurchased, legal action, without prior notice.
6.7 If you wish to sell or transfer yourMembership, you must use the designated transfer mechanism provided byVideomart on the VOD Platform. Unauthorized transfers or sales of Membershipsconducted outside of the VOD Platform are strictly prohibited and may result inthe termination of your Membership and access to Club Benefits.
6.7.1 To sell or transfer your Membership,you must provide the necessary information required by Videomart to facilitatethe transaction, including but not limited to, the name and email address ofthe transferee.
6.7.2 The sale or transfer price of yourMembership must not be lower than the original purchase, unless otherwiseauthorized by Videomart. Videomart reserves the right to charge a transfer feeor commission, which will be deducted from the sale or transfer price beforeany proceeds are credited to your account.
6.7.3 Upon the successful sale or transfer ofyour Membership, you will lose access to all Club Benefits, and the transfereewill gain access to the Club Benefits in accordance with these Terms.
7. Liabilityfor Unauthorized Use of Membership
7.1 You are responsible for maintaining theconfidentiality of your account information, including your login credentialsand payment information, and for restricting access to your computer or mobiledevice to prevent unauthorized access to your Membership.
7.2 You agree to notifyVideomart Club Inc. immediately if you suspect any unauthorized use of yourMembership or any other breach of security. Videomart reserves the right to investigate anysuspected unauthorized use of your Membership and take appropriate action,including but not limited to, terminating your Membership, revoking your accessto Club Benefits, and/or taking legal action.
8. Pay-Per-TitleContent and Resale
8.1 The VOD Platform operates on a pay-per-titlebasis, whereby users are required to pay for each movie or piece of contentthey wish to access ("Pay-Per-Title Content"). The prices forPay-Per-Title Content will be displayed on the VOD Platform and may varydepending on the specific content.
8.2 Once you purchase Pay-Per-Title Content,you will have the option to resell the content to other users, subject to thefollowing conditions:
a. The resale of Pay-Per-Title Content mustbe done in accordance with any resale procedures specified by Videomart;
b. If you wish to sell or transfer your DMT,you must use the designated transfer mechanism provided by Videomart on the VODPlatform. Unauthorized transfers or sales of DMTs conducted outside of the VODPlatform are strictly prohibited and may result in the termination of your account,including but not limited to your Membership and access to Club Benefits;
c. The purchaser of the resold Content mustagree to and comply with these Terms; and
d. Videomart reserves the right to charge aresale fee or commission, which will be deducted from the resale price beforeany proceeds are credited to your account.
8.3 When you resell Pay-Per-Title Content,you will lose access to the content, and it will be transferred to thepurchaser's account. Videomart mayimpose limits on the number of resales or transfers of Pay-Per-Title Contentthat you may conduct within a given period or set a minimum resale price forspecific content. Any such restrictions will be communicated to you via the VODPlatform or the email address associated with your account.
8.4 Videomart does not guarantee that there will be a market or demand forthe Pay-Per-Title Content that you wish to resell, and you acknowledge that theresale value of the content may fluctuate over time. You assume all riskassociated with the resale of Pay-Per-Title Content, including the risk of notbeing able to resell the content or not receiving the desired resale price
8.5 The resale of Pay-Per-Title Content maybe subject to applicable taxes, which will be determined based on the tax lawsand regulations of the jurisdiction in which the sale takes place. You areresponsible for any taxes associated with the resale of Pay-Per-Title Contentand agree to indemnify and hold Videomart harmless from any claims,liabilities, or penalties resulting from your failure to pay such taxes.
8.6 Videomart is notresponsible for any disputes between users arising from the sale, purchase, orresale of Pay-Per-Title Content. You agree to resolve any such disputesdirectly with the other party involved and release Videomart from any claims,demands, or damages arising from such disputes.
9. Listing and Pricing ofPay-Per-View Content for Resale
9.1 You are responsible for setting theresale price for the Pay-Per-Title Content. However, Videomart reserves theright to impose minimum or maximum resale prices for specific content orcategories of content and may reject or modify your listing if the resale pricedoes not comply with these requirements.
9.2 Videomart may offer tools,features, or services to help you determine the appropriate resale price foryour Pay-Per-Title Content, based on factors such as demand, market trends, andthe historical pricing of similar content. However, you acknowledge that thesetools, features, and services are provided for informational purposes only anddo not guarantee a successful resale or a specific resale price.
10. Buyer's Rights and Obligationsin Resale Transactions
10.1 When a user purchases Pay-Per-TitleContent through a resale transaction, they assume all rights and obligationsassociated with the content, subject to these Terms and any additional terms orrestrictions that may apply to the specific content.
10.2 The buyer of the resold Pay-Per-TitleContent must agree to and comply with these Terms, including any additionalterms or restrictions that may apply to the specific content, and isresponsible for paying any applicable taxes, fees, or charges associated withthe resale transaction.
10.3 Videomart does not provide anywarranties or guarantees with respect to resold Pay-Per-Title Content, and thebuyer assumes all risk associated with the use of the content, including butnot limited to, the risk of the content being unavailable, incomplete, orotherwise unsatisfactory.
11. Memberships, Billing, and Cancellation
11.1 The membership fee forVideomart’s service and any other charges you may incur in connection with youruse of the service, such as taxes and possible transaction fees, will becharged to your Payment Method on the specific payment date indicated on the"Account" page.
11.2 To use the Videomart service you must provide one or more PaymentMethods. You authorize us to charge any Payment Method associated to youraccount in case your primary Payment Method is declined or no longer availableto us for payment of any Pay-Per-Title Content. You remain responsible for anyuncollected amounts. If a payment is not successfully settled, due toexpiration, insufficient funds, or otherwise, and you do not cancel youraccount, we may suspend your access to the service until we have successfully chargeda valid Payment Method. For some Payment Methods, the issuer may charge youcertain fees, such as foreign transaction fees or other fees relating to theprocessing of your Payment Method. Check with your Payment Method serviceprovider for details.
11.3 You can update your Payment Methods by going to the"Account" page. We may also update your Payment Methods usinginformation provided by the payment service providers. Following any update,you authorize us to continue to charge the applicable Payment Method(s).
11.4 Payments are nonrefundable and there are no refunds, credits, orcancellations. At any time, and for any reason, we may provide a refund,discount, or other consideration to some or all of our members ("credits").The amount and form of such credits, and the decision to provide them, are atour sole and absolute discretion. The provision of credits in one instance doesnot entitle you to credits in the future for similar instances, nor does itobligate us to provide credits in the future, under any circumstance.
12. Limitation of Liability andWarranty Disclaimer
12.1To the fullest extent permitted by law, in no event shall Videomart, itsaffiliates, officers, directors, employees, agents, licensors, or suppliers beliable for any direct, indirect, incidental, special, consequential, orpunitive damages (including, without limitation, loss of profits, data, use,goodwill, or other intangible losses) arising out of or in connection with youruse of or inability to use the VOD Platform, the Content, or any Third-PartyContent and Services, even if Videomart has been advised of the possibility ofsuch damages.
12.2 The Videomart service, VODPlatform, and all Content and software associated therewith, including anyother features or functionalities associated with the Services are providedas-is and as-available without warranty of any kind. Videomart does not guarantee, represent, orwarrant that your use of the Videomart service will be uninterrupted orerror-free. Furthermore, Videomartspecifically disclaims any liability for the use of applications, devices orsoftware.
12.3You agree to indemnify and hold harmless Videomart Club Inc., its affiliates,officers, directors, employees, agents, licensors, and suppliers from anyclaim, demand, loss, or damages, including reasonable attorneys' fees, arisingout of or in connection with your use of the VOD Platform, the Content, or anyThird-Party Content and Services, or your violation of these Terms.
12.4 This arbitration provisionshall survive termination of this Agreement and the termination of yourVideomart membership.
13. Promotions,Trials, and Referral Progam
13.1 Videomart may offer promotional offers,discounts, or free trials for Subscription Plans (collectively,"Promotions"). Promotions may be subject to additional terms andconditions, which will be communicated to you at the time of the offer.
13.2 Free trials, if offered, grantyou temporary access to the VOD Platform and the Content for a limited periodof time. At the end of the trial period, your Subscription Plan willautomatically convert to a paid Subscription Plan, and you will be billed forthe applicable fees, unless you cancel the Subscription Plan before the end ofthe trial period.
13.3The referral program will allow you invite new users to the VOD Platform with apersonalized, unique code (“Referral User”). You can earn a twenty percent (20%) commission on every purchase yourReferral User makes. The referralprogram will remain in place until the VOD Platform reaches one million usersor until other such time, as decided by Videomart in its sole discretion.
14. Content Availability and Quality
14.1 The availability of the Content on theVOD Platform may vary by geographic location, device, or other factors.Videomart reserves the right to add, remove, or modify the Content, or any partthereof, at any time without prior notice.
14.2 Videomart usesreasonable efforts to provide a high-quality viewing experience, but cannotguarantee the quality, resolution, or speed of the Content, which may beaffected by factors such as your internet connection, device, or othertechnical limitations.
15. International Users
15.1The VOD Platform is controlled and operated by Videomart from its offices inthe United States of America. Videomart makes no representation that the VODPlatform or the Content is appropriate or available for use in other locationsand accessing the VOD Platform from jurisdictions where the VOD Platform or theContent is illegal is prohibited.
15.2 If you access theVOD Platform from a location outside the United States of America, you areresponsible for compliance with all local laws, regulations, and requirements.
16. Artificial Intelligence Prohibition
16.1 Notwithstanding any provisionherein, you are expressly prohibited from using, or permitting any third partyto use Videomart, the VOD Platform or the Content, or any part thereof, for thepurpose of training, calibrating, enhancing, or any other activity related toartificial intelligence, machine learning models, or their respectivederivatives (“AI Training Purposes”).
16.2 Any such use in violation of thisprohibition shall result in the termination of your Membership and may resultin civil and/or criminal penalties.
17.1 Videomart does not acceptunsolicited materials or ideas for Videomart content and is not responsible forthe similarity of any of its content or programming in any media to materialsor ideas transmitted to Videomart. Should you send any unsolicited materials orideas, you do so with the understanding that no additional consideration of anysort will be provided to you, and you are waiving any claim against Videomartand its affiliates regarding the use of such materials and ideas, even if materialor an idea is used that is substantially similar to the material or idea yousent.
17.2 These Terms constitute the entireagreement between you and Videomart with respect to your use of the VODPlatform, the Content, and any Third-Party Content and Services, and supersedeany prior agreements, understandings, or representations, whether written ororal, between you and Videomart Club Inc.
17.3 Videomart may assign its rights andobligations under these Terms to any third party, without your consent. You maynot assign your rights and obligations under these Terms without the priorwritten consent of Videomart Club Inc.
18.1 Videomart may terminate or suspend youraccess to the VOD Platform, the Content, or any Third-Party Content andServices, without prior notice or liability, for any reason, including but notlimited to violation of these Terms.
18.2 Upon termination,your right to use the VOD Platform, the Content, and any Third-Party Contentand Services will immediately cease. All provisions of these Terms which, bytheir nature, should survive termination, including but not limited toownership provisions, warranty disclaimers, indemnity, and limitations ofliability, shall survive termination.
19. Notice for Copyright Infringement
19.1 If you believe that any Content onthe VOD Platform infringes upon your copyright, you may submit a notificationpursuant to the applicable Copyright Law to Videomart designated copyrightagent, providing the following information:
a. A physical or electronic signature of thecopyright owner or a person authorized to act on their behalf;
b. Identification of the copyrightedwork claimed to have been infringed;
c. Identification of the material that isclaimed to be infringing and information reasonably sufficient to permitVideomart to locate the material;
d. Your contact information, including youraddress, telephone number, and an email address;
e. A statement that you have a good faithbelief that use of the material in the manner complained of is not authorizedby the copyright owner, its agent, or the law; and
f. A statement that the information in thenotification is accurate, and, under penalty of perjury, that you areauthorized to act on behalf of the copyright owner.
19.2 Videomart designated copyright agent canbe reached at the following address:
Videomart Club Inc.
2027 W Martin Luther King Jr Blvd
Los Angeles, CA90062
19.3 Upon receipt of avalid copyright infringement notice, Videomart will take appropriate action,which may include removing or disabling access to the allegedly infringingmaterial and/or terminating the accounts of users responsible for theinfringement.
19.4 If you believe that your removed or disabled materialis not infringing or that you have the necessary rights and permissions to useand share the material, you may submit a counter-notice to Videomart designatedcopyright agent, providing the following information:
a.A physical or electronic signature of the user;
b.Identification of the material that has been removed or to which access hasbeen disabled and the location at which the material appeared before it wasremoved or access was disabled;
c.A statement, under penalty of perjury, that the user has a good faith beliefthat the material was removed or disabled as a result of mistake ormisidentification of the material; and
d.The user's name, address, telephone number, and a statement that the userconsents to the jurisdiction of the laws of the State of California and willaccept service of process from the person who provided the original copyrightinfringement notice.
21. Force Majeure
21.1 Videomart shall not be liable for any failure or delay in performanceunder these Terms due to circumstances beyond its reasonable control, includingbut not limited to acts of God, war, terrorism, riots, embargoes, acts of civilor military authorities, fire, floods, accidents, strikes, or shortages oftransportation facilities, fuel, energy, labor, or materials.
22. Entire Agreement
22.1These Terms, together with any other agreements, policies, or terms expresslyincorporated by reference, constitute the entire agreement between you andVideomart with respect to your use of the VOD Platform, the Content, and anyThird-Party Content and Services, and supersede any prior agreements,understandings, or representations, whether written or oral, between you andVideomart.
23. No Waiver
23.1No waiver by Videomart of any term or condition set forth in these Terms shallbe deemed a further or continuing waiver of such term or condition or a waiverof any other term or condition, and any failure of Videomart to assert a rightor provision under these Terms shall not constitute a waiver of such right orprovision.
24.1If any provision of these Terms is held by a court or other tribunal ofcompetent jurisdiction to be invalid, illegal, or unenforceable for any reason,such provision shall be eliminated or limited to the minimum extent such thatthe remaining provisions of these Terms will continue in full force and effect.
25.1Any notices or other communications provided by Videomart under these Terms,including those regarding modifications to these Terms, will be given byVideomart by posting to the VOD Platform or by email to the email address youprovided during the registration process.
25.2For notices or other communications made by you to Videomart Club Inc., pleasecontact Videomart at:
Videomart Club Inc.
2027 W Martin Luther King Jr Blvd
Los Angeles, CA90062
26. Third-Party Beneficiaries
26.1These Terms are for the benefit of, and will be enforceable by, the partiesonly. These Terms are not intended to confer any right or benefit on any thirdparty or to create any obligations or liability of a party to any such thirdparty.
27.1These Terms are prepared and written in English. To the extent that anytranslated version of these Terms conflicts with the English version, theEnglish version shall control.
28. Governing Law and Jurisdiction
28.1These Terms shall be governed by and construed in accordance with the laws ofthe State of California without regard to its conflict of law provisions. These terms will not limit any consumerprotection rights that you may be entitled to under the mandatory laws of yourstate of residence.
28.2Any disputes arising out of or in connection with these Terms or your use ofthe VOD Platform, the Content, or any Third-Party Content and Services shall beresolved through good faith negotiations between you and Videomart. If suchnegotiations fail to resolve the dispute, either party may submit the disputeto binding arbitration in accordance with the rules of the Consumer Arbitration Rules (the"AAA Rules") of the American Arbitration Association("AAA"), as modified by this Agreement, and will be administered bythe AAA. The AAA Rules and Forms are available online at www.adr.org.The place of arbitration shall be Los Angeles, California and the language ofthe arbitration shall be English.
29. Entire Agreement
30. Contact Information
30.1If you have any questions, comments, or concerns regarding these Terms, pleasecontact Videomart at:
2027 W Martin Luther King Jr Blvd
Los Angeles, CA90062
31.1 The provisions of these Terms which by their nature shouldsurvive cancellation or deletion of your Account shall survive suchcancellation or deletion.