Villkor
Terms of agreement of the site VIDOK.LIVE
1. General provisions
1.1. FANTASIS LLC, Legal address: Russian Federation, 344068, Rostov region, Rostov-on-Don, 1B, Tibetskaya Str., building 1, apt. 223, TIN / PSRN / KPP/RRC 6161095526 / 1216100034776 / 616101001 and owned by the company Site VIDOK.LIVE ("VIDOK", "VIDOK", "Videoportal") is an Internet resource, a video portal that provides you with the ability to view, download, create, share, monetize videos, write articles and much more. The VIDOK site is a website offering custom or professionally created video content.
Contact email address: info@vidok.live
You can also read the Privacy Policy and the processing of personal data of Users on the Site https://vidok.live/terms/privacy-policy
The Site Administration provides you with access to the use of the Site vidok.live and its functionality on the terms that are the subject of these Terms of Use of the Site vidok.live. In this regard, you need to carefully read the terms of these Rules, which are considered by the Site Administration as a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation.
The terms of the agreement of the site vidok.live are permanently located at the address on the Internet: https://vidok.live/terms/terms.
2. Use of the Site. Separate functions of the Video Portal
2.1. The Video Portal provides the User with the opportunity to post videos on the Video Portal website for free, view videos posted by other Users and add comments to them, as well as use the Video Portal in other ways that do not contradict the provisions of these Terms. The placement of a particular video by the User is carried out by uploading this video to the website of the Video Portal and displaying it to the users of the Video Portal upon requests containing information characterizing the video (author's name, file name, album name, description, captions, tags, etc.), or random samples.
2.2. The user agrees that the videos posted by him within the Video Portal will be available to all other users, both directly on the Video Portal website and using various functions with a link to the original source (via mailing list, RSS broadcast, use as an electronic postcard, screensaver, blog entry, etc.), as well as on other resources of the Video Portal and the integrated ESCLUB Social Network located at the following address on the Internet: https://esclub.club. The exception is videos that are limited by the User for viewing or other use using the functionality of the Video Portal.
2.3. The user has the right to set access criteria for each of his videos; in this case, the videos will be available only to the User himself, who posted them, or to the users specified by him, respectively. By default, all downloaded videos are available to all Internet users.
2.4. The user is obliged to establish restricted access to his videos, assigning them the status "Only for adults" if the videos are of an erotic nature; in this case, access to videos will be provided only to users who have explicitly confirmed that they are over 18 years of age and have expressed their consent to view videos with such a status. The video portal has the right to independently assign the status of “Adults Only” to any videos of any User if it considers that they are of an erotic nature. The User is not entitled to post on the Service videos that contain elements of pornography, pornography and erotica with the participation of minors or that are advertisements for services of a sexual nature, or that are advertisements for intimate services, regardless of whether or not they have the status "For myself", "For friends" or "Adults Only".
2.5. The user has the right to assign the status "Forbid commenting" to the video, which will not allow other users to comment on this video.
2.6. Any videos posted by the Users of the Video Portal, to which the User has assigned the status "For All", can be used by the Video Portal on other services and resources of FANTASIS LLC, as well as in advertising or marketing materials posted on the resources of FANTASIS LLC on the Internet to attract the attention of other users to videos of the User, to the Video Portal in general or to other resources and services of FANTASIS LLC, as indicating their author (the name (pseudonym) of the User, which he indicated during registration or in the settings of his data in the corresponding section of the Video Portal, will be indicated as the author's name) , and without it, without the need to obtain special permission from the User and without paying royalties. If the User is not entitled to grant FANTASIS LLC the right to use any video in this way, he is not entitled to assign such a video the status "For everyone", or is obliged to refrain from uploading such a video.
2.7. FANTASIS LLC has the right to change the name of the video and / or other information characterizing it (including description or tags) specified by the User for this video without notifying the User and without giving reasons.
3. Age restrictions
The video portal can only be used by persons over the age of 13, however, if allowed by a parent or guardian, children of any age can use VIDOK when watching videos that are allowed to be viewed at their age.
3.1. Parent or guardian permission
If you are under 18 years of age, you must not use the Video Portal without the consent of your parents or guardian. Ask them to read this Agreement with you.
3.2. If you are a parent or guardian of a user under the age of 18, then by allowing your child to use the Video Portal, you agree to comply with the terms of the Agreement and be responsible for the actions that your child performs on the Video Portal.
4. Content of the Service
4.1. Service Content includes video, audio (for example, music and other sounds), graphics, photographs, text (for example, comments and texts of video or audio), branding elements (including trade names, trademarks, service marks and logos) , interactive features, software, metrics and other materials provided by you, VIDOK or third parties (collectively, the “Content”). Content may be provided and distributed on the Service by our users, and VIDOK is the hosting provider for such Content. 4.2. The responsibility for the Content lies with the individual or legal entity that uploaded it to the Service. If you find that the Content does not comply with this Agreement, for example, violates the Community Guidelines or any law, you can report it to us by clicking on the "Report copyright" link next to the video.
5. Your information
5.1. Information about how we collect and process your personal data, as well as ensure their security when you use the Service, is given in our Privacy Policy https://vidok.live/terms/privacy-policy.
5.2. All audio and audiovisual materials uploaded to the Video Portal are subject to the VIDOK Data Processing Terms. They do not apply only in cases where you add such content solely for personal purposes.
5.3. When you use VIDOK for commercial or professional purposes, you are subject to the EU General Data Protection Regulation. In such cases, your relationship with FANTASIS LLC is governed by the VIDOK Terms of Data Processing. Please note that these terms do not apply when you use our service solely for personal purposes. Thus, the VIDOK data processing conditions do not apply to activities related to personal correspondence, storage of addresses for it and interaction with the VIDOK community within the framework of personal communication.
5.4. If you create a VIDOK channel, you will have access to additional features of the Service. For example, you can upload videos, leave comments and create playlists. How to create a VIDOK channel.
5.5. To ensure the protection of your VIDOK account, do not share your password with anyone and do not reuse it in third-party applications.
6. Permissions and restrictions
6.1. You may access and use the Video Portal provided that you comply with the requirements of the law and this Agreement. Viewing and listening to the Content is permitted only for personal, non-commercial purposes. You can also display VIDOK video through the built-in VIDOK player.
6.2. To use the Video Portal, you must comply with these restrictions. Do the following:
6.2.1. View, copy, download, distribute, transmit, broadcast, display, sell, license, modify, transform or otherwise use the Content or any part of the Service, except as noted below. To perform these actions, the following is required: a) permission by the rules of the Video Portal; b) prior written permission from VIDOK representatives and, if necessary, the respective copyright holders; c) permission in accordance with applicable law.
6.2.2. Perform (or attempt to perform) the following actions: circumvent restrictions, disable, fraudulently manipulate or otherwise interfere with the operation of the Video Portal, including functions related to security, as well as functions that: a) prevent or restrict the use or copying of any Content ; b) impose restrictions on the use of the Video Portal or the Content.
6.2.3. Use the Video Portal through automated means such as bots, botnets and content collectors. Exceptions: a) bots of public search networks that work in accordance with the robots.txt file; b) prior written permission from VIDOK; c) applicable law allowing such actions.
6.2.4. Collect any information that can be used to identify an individual, such as user names or faces. Such actions can be performed only with the permission of this person or in the cases specified in paragraph 3.
6.2.5. Use the Video Portal to distribute unsolicited advertising or commercial materials and other unsolicited, imposing materials (spam).
6.2.6. Use the services of third parties to artificially increase the number of views, likes, subscribers and other channel and video statistics, as well as independently perform actions that interfere with accurately measuring the actual interest of viewers in content.
6.2.7. There is no reason to blame other users: send false complaints, mark content as inappropriate, file copyright infringement complaints, as well as appeals and objections.
6.2.8. Conduct promotions using the Video Portal that do not comply with the Rules and recommendations https://vidok.live/site-pages/promo . VIDOK regarding promotions.
6.2.9. Use the Video Portal to reproduce Content for any purpose other than personal and non-commercial. For example, publicly display videos or play music using the Service, except for your own created music that belongs to you according to copyright.
6.2.10. Use the Video Portal: a) to sell any advertising, sponsorship or promotions placed through the Video Portal or through the Content except as specified in the Advertiser Rules https://vidok.live/site-pages/ads , such as allowed product placement; b) for the sale of advertising, sponsorship or promotions on the page of any site or application where only Video Portal Content is contained, or where it is the main content (for example, selling advertising on a page where VIDOK videos are the only valuable content).
7. Reservation of rights
7.1. Any rights not expressly granted to you by this Agreement are reserved by FANTASIS or their respective owners. Thus, the use of the Video Portal, for example, does not give you intellectual property rights to the Content that you access (including any means of individualization used or displayed on the Video Portal.
8. Changes, improvements and updates of the Video Portal
8.1. We are constantly working to improve our platform. As part of this process, we may make changes to the operation of the Video Portal or its individual parts, such as adding or removing features and functionality, as well as providing new digital content and services and deprecating existing ones. In addition, we may make changes to the operation of the Video Portal and stop it. Updates may be aimed at improving the functioning or improving the security of the platform. Also, innovations are being introduced to comply with the law, prevent illegal actions and protect the system from intruders. These changes can affect all users, specific groups of users, and even individuals. If you need to install software, such as an application, to work with the Video Portal, you can allow it to be automatically updated in the settings of your device. It will be executed when a new feature or version is available. If we make significant changes that adversely affect your use of the Video Portal, we will notify you in advance. The exceptions are situations where there is an urgent need to address violations, meet legal requirements, or address security or functionality issues. We will also provide you with the ability to export content from your VIDOK account using the functions of your personal account, in accordance with applicable laws and regulations.
9. Content Download
9.1. If you have a VIDOK channel, you can upload Content to the Video Portal. You may use Your Content to promote your art or activity. All Content uploaded by you must comply with the Agreement and the law. For example, Your Content must not contain the intellectual property of third parties unless you have the permission of the relevant person or other legal grounds to do so. You are legally responsible for all Content you add to the platform. We can check it with automated technologies. They are used to help detect the spread of spam, malware, illegal content and prevent other illegal activities.
9.2. Types of video licenses
You can get acquainted with the types of licenses related to video at the address on our Site: https://vidok.live/site-pages/license .
10. Rights granted by you
10.1. You retain all rights to your Content. However, you undertake to grant the following rights to VIDOK and other users of the Video Portal.
11. Rights granted by VIDOK
11.1. By uploading Content to the platform, you grant VIDOK a non-exclusive, transferable, royalty-free license to use your Content worldwide with the right to sublicense. VIDOK receives, among other things, the right to reproduce, distribute, modify and display Your Content for the development, operation and improvement of the Video Portal.
12. Rights granted to other users
12.1. You grant each user of the Video Portal a non-exclusive, royalty-free, worldwide license to access Your Content and use it to the extent permitted by the functionality of the Video Portal (including the right to reproduce, distribute, modify, display and demonstrate it).
13. License term
13.1. The rights to use Your Content are valid until removed as described below. After its removal, the licenses terminate, unless otherwise required for the operation of the Video Portal, the use of the Content in accordance with the permissions granted prior to removal, or required by law. If you delete Content, FANTASIS is also not obligated to delete: a) copies stored by users for offline viewing; b) copies kept for legal purposes.
14. Right to monetization by the VIDOK website
14.1. You grant VIDOK the right to monetize Your Content on the Video Portal, including displaying advertisements within the Content or charging users for access to it. This Agreement does not entitle you to receive any payments. Any payments You may be entitled to receive from VIDOK pursuant to other agreements between You and VIDOK will be considered Royalties. If required by law, FANTASIS LLC will withhold taxes from such payments.
15. Right to be monetized by Users
15.1. All users, in turn, can also earn on their own videos uploaded to the VIDOK site, namely those whose copyright belongs to you, and not, for example, imported videos from other sites, or other people's videos uploaded to the VIDOK site. You also have the right to sell your videos on the VIDOK website.
15.2. Earning opportunities:
15.2.1. 1000 views of your specific video by other Users - 300 rubles.
15.2.2. Selling your own videos created by yourself - any price you specify. The VIDOK website and FANTASIS LLC in one person take a commission from each such sold video in the amount of 25%, plus, if necessary, the commission for transferring funds through the Payment system is paid by you, the User, who has the right to sell this or that video and commits such deal.
16. Possibility to get the status of Member/Star PRO
16.1. On our website, you have the opportunity to subscribe to a paid monthly subscription and get a Verified Member/Star PRO badge. To do this, you need to confirm your identity by sending us the necessary documents through the form in your personal account: https://vidok.live/settings/verification/username, where username is your Username specified by you on our website. For more information on how we collect personal information, please see the VIDOK Privacy Policy at: https://vidok.live/terms/privacy-policy.
16.2. The subscription cost is indicated in the appropriate column when purchasing the Subscription. In addition to the Verified User Badge, you will also be able to watch videos without Ads and promote your videos. You can find out about the possibility of a refund by reading our Refund Policy at the address on the website: https://vidok.live/terms/refund-policy.
17. Removal of Content by You
17.1. You can remove your Content at any time. In addition, before deleting the Content, you can make a copy of it. Please note that you will be required to remove the Content if you lose the rights required under these Terms.
18. Removal of Content by VIDOK
18.1. If we have reason to believe that your Content: 1) violates the terms of this Agreement; or: 2) may harm the VIDOK platform, its users or third parties, then we reserve the right to remove the entire Content or its individual fragments. In this case, you will receive a notice explaining the reason for the deletion, except in situations where it may: a) violate the law or law enforcement order or impose legal liability on VIDOK or Affiliates; b) jeopardize the full functioning of the Service or the progress of the investigation; c) harm any user, third party, VIDOK or Affiliates. Learn more about what to do if your video has been taken down in the Help Center.
19. Community Guidelines Alerts
19.1. The Video Portal has a system of warnings regarding Content that violates our community rules. For each subsequent violation, we issue warnings that entail certain restrictions. Including we can delete the VIDOK channel without the possibility of recovery. You can learn more about how warnings may affect the channel here: https://vidok.live/site-pages/abuse. If you believe that the warning was given to you in error, you can appeal.
If any features have been disabled on your channel due to a warning, you can't use them on your other channels either. If you try to circumvent the restriction, it will be considered a violation of this Agreement. In such cases, FANTASIS LLC reserves the right to delete your VIDOK account and block access to all or some of the functions of the Video Portal.
19.2. Copyright protection
If you believe that your copyright has been violated on the Video Portal, please let us know via the Feedback Form on the VIDOK website: https://vidok.live/contact-us or by email: abuse@vidok.live
We check reports of alleged copyright infringement and act in accordance with the rules described. Remember that in case of repeated copyright infringement, we block the user's access to the Video Portal.
19.3. Deleting your account
You can stop using the Video Portal at any time. In this case, you have the opportunity to pre-download a copy of your data and then your Account from the vidok.live website. All your information and the VIDOK channel will be deleted.
19.4. Account blocking and deletion by VIDOK
FANTASIS LLC reserves the right to temporarily or permanently block your VIDOK account, access to the Video Portal in its entirety or to its individual sections, if: a) you have materially or repeatedly violated this Agreement; b) such measures are required of us by law or a court decision; c) we have reason to believe that your actions may result in legal liability or harm to any user, third party, VIDOK or Affiliates.
19.5. Notice of removal or blocking
You will receive a notice explaining the reason for the deletion or block, except in situations where it may: a) violate the law or a law enforcement order; b) jeopardize the progress of the investigation; c) jeopardize the full functioning or security of the Video Portal; d) harm any user, third party, VIDOK or our Affiliate.
19.6. Consequences of blocking or deleting an account
Even if your VIDOK account is deleted or access to the Video Portal through it is restricted, you can still use some functions, such as watching videos, without authorization. In this case, the terms of this Agreement remain. If you believe your account was suspended or deleted in error, you can file an appeal.
20. Software on the Video Portal
20.1. Downloadable software
If Video Portal requires the installation of software, unless additional license terms apply, VIDOK grants You a worldwide, royalty-free, non-assignable, non-exclusive license to use the Software by You personally in accordance with this Agreement. You may not copy, modify, distribute, sell or rent any portion of the Software, or reverse engineer or attempt to extract source code, except as required by law or with written permission from VIDOK.
20.2. Open source software
Some programs necessary for working with the Video Portal are distributed under the terms of a free license, which we make available to you. Please read the terms of such licenses carefully, as some of their provisions may take precedence over this document.
21. Other legal terms
21.1. Guarantees
When providing Videoportal services, we act with due care and professional competence, observing all the requirements of this Agreement and the Legislation of the Russian Federation and, if necessary, international norms and rules.
21.2. Exclusion of warranties
The terms of this Agreement do not affect your rights under the law, which cannot be excluded or changed by contract. Nothing in this agreement affects the rights you have as a consumer. Unless otherwise specified in this Agreement and required by law, VIDOK makes no warranties, representations or promises with respect to the Video Portal. In particular, we do not give any guarantees, representations or promises regarding the Content on the Video Portal; specific functions and properties of the Video Portal; as well as its accuracy, reliability, availability and suitability for your needs. In addition, we do not guarantee that the Content that you uploaded to the Video Portal will be available and stored there.
21.3. Disclaimer
For all users, nothing in this Agreement shall exclude or limit the liability of the parties for death, personal injury, fraud or misrepresentation, or liability which cannot be excluded or limited by law.
To the extent permitted by applicable law, VIDOK and Affiliates are not responsible for the following:
21.3.1. Losses that You suffer not as a result of a violation of the terms of the Agreement by VIDOK or Affiliates;
21.3.2. Losses that, at the time the Agreement was entered into with VIDOK, were not a reasonably foreseeable consequence of a breach of the terms of the Agreement by VIDOK or Affiliates;
21.3.3. Content posted by any users, or for their libelous, offensive or illegal actions.
For Business Users: If you use VIDOK for sales, business support or professional purposes, you are considered a “Business User”. In this case, in accordance with applicable law, the following limitations of liability apply to your cooperation with VIDOK:
a). VIDOK and Affiliates shall not be liable for lost profits, lost revenue, loss of data, lost opportunity, loss of estimated savings, or indirect, consequential or punitive damages, whether or not such damages were foreseeable or not; And
b). The total liability of VIDOK and Affiliates for any claims related to the use of the Video Portal cannot exceed 10,000 (ten thousand) rubles with Article 15 of the Civil Code of the Russian Federation and is assigned to him if there is guilt in his actions.
21.4. Links to third party sites
The Video Portal may contain links to third-party websites and online services that are not owned by VIDOK and are not controlled by us. VIDOK is not responsible for such websites and online services. Follow links to third-party websites and online services with caution. When you go, we recommend that you read their terms of use and privacy policy.
22. About this Agreement
22.1. Amendment of the Agreement
We may change the terms of this Agreement, including: 1) to reflect updates to the Video Portal, such as when we add new products and features or discontinue support for old ones; 2) for legal, regulatory or security reasons; 3) to prevent violations or damage.
We will notify you of material changes in advance and give you the opportunity to preview them, except in the following cases: 1) the launch of a new product or feature; 2) urgent situations, such as when we need to prevent a violation or respond to legal requirements. If you do not agree to the new terms, please delete your Content and stop using the Service.
22.2. Continuation of the Agreement
Even if you stop using the Video Portal, the provisions of sections "Other Legal Terms" and "About this Agreement" will not stop for you. In addition, subject to the terms of the Term of License clause, in some cases, licenses obtained from you will also remain in effect.
22.3. Exclusion of provisions
If it turns out that any particular provision of the Agreement cannot be enforced, all other provisions will not be affected and will remain in effect.
22.4. concession
VIDOK may assign part or all of this Agreement to an Affiliate, and in the event of a sale of VIDOK to a third party.
22.5. No Waiver
If you violate these terms and conditions and we do not take immediate action, this should not be considered a formal waiver and does not mean that we do not intend to assert our rights in the future, including taking certain actions.
22.6. Governing Law
The Agreement and your relationship with VIDOK under the Agreement shall be governed by Russian law. To resolve disputes, the parties may apply to the courts of the Russian Federation.
If, according to any imperative law of your country, it is impossible to resolve the dispute in the court of the Russian Federation and in accordance with the norms of Russian law, you can refer the case to a local court and resolve the issue, guided by local law.
These Terms of Use are always located at the address on the Internet: https://vidok.live/terms/terms
First edition: 25.01.2023
Second edition: 01.06.2023
