MVC Events

TERMS AND AGREEMENT TO USE AND OFFER FREE AND PAID SERVICES INTERMEDIATED BY VIDEOLEVELS

This Agreement governs your use of Videolevels owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).

Most Valuable Content (MVC) has licensed the Videolevels services for use.

By signing up as a user of Videolevels platform and by offering paid-for or free services or starting to use paid-for or free services offered via Videolevels OÜ, you confirm that you have read the terms and conditions of this user agreement (hereinafter referred to as “Terms”), agree with the Terms. By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you also accept this Agreement and consent to contract with us electronically and undertake to comply with the Terms as follows:

1. SCOPE, DEFINITIONS AND INTERPRETATION OF THE TERMS

1.1 Definitions:

Platform	The Videolevels website and underlying systems where Users can use Platform Services.
Service Provider, Videolevels, We, Us, Our	Videolevels OÜ - the owner of the Platform.
Merchant	A person or a company who is offering Visitor Site Services or uses Platform Services.
User, You, Your	A Merchant’s representative who is using Platform Services for Merchant.
Visitor Site	A person who is consuming Visitor Site Services also known as a user of a Visitor Site.
Visitor	A person who is consuming Visitor Site Services also known as a user of a Visitor Site.
Party	Either Service Provider, Merchant, User or Visitor. Referred to as Parties collectively.
Platform Services	Services provided by Service Provider via Platform. Platform Services, in particular but without limitation, include managing media assets, building and publishing Visitor sites and using other related services provided by Platform.
Visitor Site Services	Free and paid goods and services provided and offered by Merchant to Visitors via Visitor Site.
Services	Platform Services and Visitor Site Services.
Services	Platform Services and Visitor Site Services.
Personal Data	The data, which the Service Provider has received from a User/Visitor, as well as the data that have been requested or otherwise collected with regard to the User/Visitor in the course of the latter using the Platform/Visitor Site.

1.2 These Terms apply to all legal relations arising between the Users, Service Provider and Merchant resulting from the use and supply of services on the Videolevels Platform as well as to all legal relations between Visitors and Merchants resulting from the use and supply of services on the Visitor Site.

1.3 In addition to the Terms, relations between Parties are also governed by the legislation in force in the Republic of Estonia, the special conditions established by Merchants with regard to particular Platform Services or Visitor Site Services, and good practice.

1.4 Third Parties: We may provide links to and integrations with websites or services operated by others. Your use of each such website or service is subject to its terms of service.

1.5 Age Requirements: If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

1.6 Parents and Guardians: By granting a child permission to use the Services through an existing account, this adult agrees and understands that you are responsible for monitoring and supervising the child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

1.7 Team Members: Certain subscription plans may allow you to grant other registered users (“team members”) access to the account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.

1.8 You and Videolevels are independent contractors of one another; neither party is an agent, partner, or joint venture of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Videolevels or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

2. GENERAL TERMS AND CONDITIONS OF SERVICES

2.1 All notices and other exchange of information between Parties shall be in electronic format and notices must be sent to e-mail addresses specified by the Parties.

2.2 The Platform is operational 24 hours per day, 365 days a year. Operational support is offered during office hours only 5 working days a week. The official time during which the Platform Services are provided is calculated in accordance with the server clock of the Service Provider, which need not always correspond to the time observed in the web browser of a User. The Service Provider does not guarantee that the Platform Services or Visitor Site Services work in all web browsers.

2.3 Subject to the terms hereof, we grant you access to our Services. This includes the right to:

Stream videos that you have the right to view
Upload, store, and/or live stream videos, subject to your plan
Embed our embeddable video player on third-party websites
Use all related functionality that we may provide.

Features: The features available to you will depend on your plan. We may change features from time to time.

2.3 Subscription Plans for Users

Plan Types: We offer a selection of paid subscriptions that allow users to upload and share video content. You may purchase these plans as an outline on the website Advertised prices and features may change.

Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless canceled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not rollover.

How to Decline Renewal: Self-Serve subscribers may opt-out of automatic renewal by changing their account settings. Any opt-out or notice of non-renewal will not affect the current subscription period. Videolevels may decline renewals.

Free Trials and Discounts: We may offer a free trial or discounted subscriptions at our discretion.

Refund Policy: Up to 14 days starting from the subscription period users can apply for a refund for the period. If there has not been any usage of the platform during the period by users nor by visitors then the user would be provided a full refund for the period. If there has been usage of the data packages, then no refund is available.

Lapse Policy: When a subscription ends, the account will not be operational in five (5) working days after the last day of the subscription. In a month it will be deleted. Users are responsible for archiving their content. Videolevels shall not be responsible for the loss of any content.

Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.

2.4 Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

2.5 Videolevels provides The Services on an “as is” and “as available” basis. you use the Services at your own risk. You must provide your own device and internet access.

3. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

3.1 The Service Provider is entitled at any time to monitor activities on the Platform and Visitor Sites, including monitoring Visitor Site Services. The Service Provider may carry out investigations in the event of any suspicion that the Terms have been violated, using all legal means.

3.2 For the sake of better use of the Platform and Visitor Sites, the Service Provider is entitled at any time to rearrange data on the Platform and Visitor Sites as regards the purchase/sale offers entered by the Users, without changing the contents of such offers.

3.3 The Service Provider is entitled to send personal commercial communications and other offers to Users and Visitors. Users and Visitors are entitled to decline such communications, giving notice to the Service Provider.

3.4 The Service Provider will not be held liable for any errors caused by third parties that affect the technology or cause a situation where a card payment or money transfer may fail. Any problems with a card payment or money transfer must immediately be reported by the Users and Visitors to the user service of the Service Provider at support@videolevels.com.

3.5 When a Visitor, whether registered or unregistered, buys a Visitor Site Service, the Service Provider or Merchant will issue a digital ticket to the Visitor. In the case of a registered Visitor, the digital ticket will be displayed in the menu “My tickets”. The digital ticket will be activated at the start of the Visitor Site Service offered and will be valid until it expires. In the case of an unregistered Visitor, the ticket will be valid until the end of the Internet session, i.e. until the browser window is closed. Therefore, we recommend signing up as a registered Visitor before buying a ticket.

3.6 Card data is transferred through the server of the Nets Estonia AS; a secure connection is always used between clients and the Nets Estonia AS. To ensure the security of data transmission, 128-bit encryption (SSL-Secure Socket Layer security protocol) is used between clients and the E-Commerce Payment Gateway Internet traffic, with data moving between traders and the Payment Gateway being electronically signed, which precludes any interception or modification of the data by unauthorised persons.

3.7 The Service Provider will not be held liable for the performance of any agreement(s) regarding which the Service Provider has acted as an intermediary or to which the Service Provider has referred a party.

3.8 The Service Provider will not be held liable for the quality of any Visitor Site Services sold or presented by Merchants.

3.9 If the Service Provider suspects any misconduct in the use of a Service (e.g. fraud cases), the Service Provider may discontinue the sales transaction or remove the User or Visitor from the system, if necessary.

3.10 After an unexpected outage, maintenance stoppage or interruption of Services for any other reason the Service will be reopened again and the possibility to present the Service will continue.

3.11 The Service Provider must pay income to a merchant electronically, once a month and by the 10th date at the merchant’s written request, unless agreed otherwise.

3.12 The Service Provider is entitled at its option either to restrict or terminate the right of a User to use the Platform (incl. changing the information published by a User on the Visitor Site) or a Visitor to use Visitor Site or close the account of a User or Visitor and not allow them to be re-registered as a User or Visitor, if the User or the Visitor:

violates the Terms or any obligations of the User or Visitor accordingly arising from the Terms
has presented information that is false, misleading and/or inaccurate when signing up as a User or as a Visitor or when using the Visitor Site
knowingly and intentionally disseminates false information on the Visitor Site, offends other persons in any way or behaves unworthily

4. RIGHTS AND OBLIGATIONS OF MERCHANTS

4.1 Merchant is responsible for the availability, accessibility, and quality of its Visitor Site Services.

4.2 Visitors enter into sales agreements with Merchant, who is responsible for the accuracy of information, the compliance with the sales agreement and the availability, accessibility and quality of the Visitor Site Service.

4.3 If not agreed differently then Merchants are entitled to all receivings paid by Visitors for Visitor Site Services. Receivings may be balanced by the fees related to the Platform Services consumed by Merchant.

4.4 A Merchant is required to declare the income to the Tax and Customs Board if so prescribed by the local jurisdiction.

5. RIGHTS AND OBLIGATIONS OF USERS AND VISITORS

5.1 When signing up as a User of the Platform or as a Visitor or a Visitor Site, a User/Visitor must submit absolutely correct personal information, including registering under the correct and full name and using a valid e-mail address if required, and:

not use the Platform or Visitor Site for any illegal transaction(s) and/or fraud
keep the password and username intended for using the Platform or Visitor Site confidentialand not accessed by third parties
immediately inform the Service Provider by e-mail of any data and circumstances that have changed compared to those given when signing up as a User of the Platform or as a Visitor or a Visitor Site
immediately inform the Service Provider by e-mail if the password or username intended for using the Platform or Visitor Site is lost or learned by a third party

5.2 By making any act on the Platform or Visitor Site, a User/Visitor confirms that he or she:

is a person with active and passive legal capacity who has the right to make transactions available on the Platform/Visitor Site
duly complies with all the obligations specified in the Terms
is aware that Visitors enter into sales agreements with Merchants
is aware that buying/accepting a ticket entails a binding obligation/agreement and that failure to comply with the obligation entails the liability of the Visitor to compensate for any damage caused by non-compliance in full
acknowledges that when the Terms are accepted, the User/Visitor and the Service Provider do not intend to create any legal relations other than those explicitly stated in the Terms and special conditions
is aware and accepts that the Service Provider is entitled to process the User’s/Visitor’s Personal Data according to the legislation and conditions in force in the Republic of Estonia and complaint with GDPR terms
can fully and easily understand all the provisions contained in the Terms and fully understands that using the Platform and Visitor Site may entail legally binding obligations for the User/Visitor

5.3 When entering into a sales agreement it is assumed that a Visitor is a person with full active legal capacity or a person with restricted active legal capacity who performs the act in question with the consent of his or her legal representative. The Service Provider will not be held liable for any financial loss that may result from purchases made by persons with restricted active legal capacity.

5.4 Presentations of Visitor Site Services are made by Merchants, and the Service Provider will not be held liable for their correctness. The right of withdrawal is exercisable in situations where a Merchant has failed to provide a Visitor Site Service at the time and on the conditions stated. Visitors are required to report such situations to the user service of the Service Provider at support@videolevels.com. Should it be ascertained that a Visitor Site Service has not been provided at the time and on the conditions stated, 100% of the amount paid by the Visitor for the Service will be transferred to the bank account of the Visitor.

5.5 Content Restrictions

Users may not submit any content that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)
Is sexually explicit or promotes a sexual service
Is defamatory
Is harassing or abusive
Contains hateful or discriminatory speech
Promotes or supports terror or hate groups
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms
Exploits or endangers minors
Depicts or encourages self-harm or suicide
Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm
Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or violates any applicable law

5.6 Prohibited Technical Measures

Users may not:

Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures
Submit any malicious program, script, or code
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services

5.7 Indemnification

You will indemnify, defend, and hold harmless Videolevels and its subsidiaries, parents, licensed partners, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

6. PROCESSING OF PERSONAL DATA

6.1 The Service Provider is entitled to process Personal Data for the purposes and to the extent specified in the Terms.

6.2 A User/Visitor consents to the processing of the Personal Data by the Service Provider for the purposes and to the extent specified in the Terms. A User/Visitor has the right to withdraw the consent at any time and require that the processing of the Personal Data be terminated and that the Personal Data collected be deleted or blocked. This will result in the User/Visitor account being closed. Withdrawal of the consent has no retroactive effect.

6.3 The Service Provider will collect and store the Personal Data in electronic format and make extracts of the Personal Data in other formats, if necessary.

6.4 The Service Provider will use the Personal Data for the provision, development and personalisation of Services.

6.5 The Service Provider will not disclose or provide the Personal Data to any third parties, except in the cases stipulated in the Terms.

6.6 The Service Provider has the right to use the Personal Data and provide them to third parties for the purpose of cooperation aiming to ensure the quality and availability of the Services as well as to expand, improve, and otherwise develop the Services.

6.7 The Service Provider has the right to forward Visitors data to merchants. (Please, check our Privacy Terms).

7. COPYRIGHTS

7.1 Users of the Services may upload or post video (including sound) content (“User Generated Content” or “UGC”) through the Services. The User Generated Content are the opinions of users, and not the views or advice of Videolevels. The User Generated Content has not been verified by Videolevels and should be used at your own risk. You should obtain professional advice before taking action on the basis of any UGC. Videolevels accepts no liability for UGC uploaded or posted by users. We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies. Videolevels may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Videolevels may remove or limit access or availability to any content or account that it considers in good faith to violate their Policies. You may only upload content that you have the right to upload and share. Copyright owners may send Videolevels a takedown notice if they believe Videolevels is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

7.2 All User Generated Content will be available to the public and, as such, is not confidential and not proprietary. Do not upload or post any information that is confidential or proprietary.

7.3 Signing these terms and agreement Merchant represent and warrant that all UGC that he/she upload or post is owned by Merchant, or that he/she has received the necessary permission, clearance, and/or authorization from the UGC owner to allow Merchant to upload or post the UGC to the Services.

7.4 Videolevels do not claim any ownership in your User Generated Content. However, by uploading or posting UGC you are granting Videolevels a royalty-free license to use your name, likeness, image, and voice to identify you as the source of any of your UGC. You irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your UGC that you may have under any applicable law under any legal theory. Further, you waive any and all claims against Videolevels relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.

7.5 All text, graphics, the user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, video and computer code (“Videolevels Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Videolevels Content, displayed or performed on the Services is owned, controlled, or licensed by Videolevels. All such Videolevels Content is protected by the trade press, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Videolevels Content, Videolevels hereby grants you limited permission to use the Videolevels Content subject to these Terms, as long as the use of such Videolevels Content is solely for your personal, non-commercial informational use.

7.6 Unless expressly permitted in an applicable agreement or on the Videolevels Content itself, none of the Videolevels Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Videolevels and/or the appropriate owner. Also, you may not “mirror” any Videolevels Content contained on this Website or any other server without Videolevels’s express prior written consent.

7.7 You acknowledge and agree that Videolevels may generate revenue or value from your use of the Services, including, but not limited to, through the sale of advertising, sponsorships, and promotions, and you have no right to share in any such revenue or value.

8 Term and Termination

8.1 This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with our terms. (a) Videolevels may terminate this Agreement at any time by providing thirty (30) days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.

8.2 If you breach this Agreement, Videolevels may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Videolevels deletes your account for breach, you may not re-register.

8.3 Force Majeure: Videolevels will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Videolevels’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Videolevels shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.

9. AMENDMENT OF THE TERMS

9.1 The Service Provider is entitled at any time to unilaterally amend and supplement the Terms in line with the development of the Platform and the Platform Services and with a view to better and more secure use of the Platform and the Platform Services.

9.2 The Service Provider undertakes to notify Merchants, Users and Visitors of amendments made to the Terms, publishing corresponding notices on the Platform.

9.3 Amendments of the Terms will take effect after their publication on the Platform.

9.4 Users confirm their acceptance of amended Terms by using the Services after the relevant amendments have entered into force.

10. FINAL PROVISIONS

10.1 Legal relations arising from the use of the Platform/Visitor Site are governed by Estonian law.

10.2 Parties will seek to resolve any disputes, which relate to the use of the Platform/Visitor Site, by way of negotiations. Failing agreement, the disputes will be settled in the Harju County Court.

10.3 The Terms will take effect following acceptance by a User/Visitor and will continue to be valid for the duration of the legal relations between the User/Visitor and the Service Provider, which are governed by the Terms. Users/Visitors are entitled to withdraw from the Terms within 14 days of their acceptance as well as to cancel, at any time, the legal regulations governed by the Terms, provided that the Users/Visitors fulfil their outstanding obligations to the Service Provider.

10.4 Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Videolevels. If you have a signed agreement with Videolevels, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

10.5 The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.