Content Provider Agreement Videofy.me

1.

PARTIES

This Content Provider Agreement ("Agreement") is entered into between Videofyme AB Kvarngatan 4, 118 47 Stockholm (Videofy.me) and you ("Content Provider") when you have chosen to accept the User Terms at registration.

Hereinafter referred to as "Videofy.me", "You", "Content Provider" or jointly "the Parties".

1.1

This Agreement sets forth the terms and conditions upon which the you shall produce Content to Videofy.me for Videofy.me's use on its website and distribution to partners of Videofy.me who will make the Content available on their websites as described below.

2.

THE CONTENT

2.1

You shall deliver the content ("Content") to Videofy.me in accordance with the terms of this Agreement or as more specifically described on www.videofy.me .

2.2

The Content shall be edited and prepared by you for direct publication.

2.3

You warrant and agree that the Content does not contain any illegal or legally controversial material, such as (but not limited to) defamation, racism, violence, violation of integrity or copyright infringement.

2.4

Videofy.me has the right to commercialize the Content by inserting advertisement and sponsorship to and in connection to the Content, subject to revenue splits according to Clause 4 below.

3.

RIGHTS

3.1

All rights to the Content shall be owned by you.

3.2

However Videofy.me shall have a non-exclusive right to exploit the Content in its entirety or in separate parts by means of internet, broadcast and mobile distribution worldwide including but not limited to assigning rights to Videofy.me's distributors to make the Content available on such distributor's websites and to inserting advertisement and sponsorship banners to and in connection to the Content.

3.3

You guarantee that you will have obtained all the necessary rights such as copyright, the right to photographic pictures, trademarks and right of publicity necessary for Videofy.me's use of the Content pursuant to this Agreement from all copyright holders and other persons involved in production of the Content.

3.4

You shall acquire the mechanical and performing rights for the music (compositions and lyrics) included in the Content. Where recordings of music are used in the Content the Content Provider shall acquire corresponding rights from record companies or others owning the rights to such recordings. The Content Provider is responsible for any eventual payments attributable to these mechanical and performing rights. No other clearances or payments of music shall be necessary.

4.

PAYMENT

The Clauses 4.1 - 4.4 apply to all Content Providers:

4.1

You are entitled to fifty (50) percent of the advertorial revenues from such advertisement and sponsorship that have been sold by and paid for to Videofy.me for your Conent, with deduction for costs of distribution. For the avoidance of doubt Videofy.me is not responsible for payment in case of advertiser's or sponsor's failure to pay.

4.2 You will receive a payment in arrears according to this agreement on a monthly basis. The payment will however not take place if the total sum is less than 500SEK for the current period.
4.3

There is no relationship of employment between You and Videofy.me.

4.4

Employer's fee or other social fees are not included in the payemnt and Videofy.me will not make any tax reductions on Your behalf.

The Clauses 4.5 - 4.8 regulate which party who is responsible for the payment of taxes and fees upon payments received.

4.5

If you have a notice of assessment (F-skattsedel):

  1. The payment according to this agreement is payable, value added tax included, according to an invoice issued by Videofy.me (self-billing). Any possible objections you may have against the invoice shall be submitted in writing within 10 days of the issuing of the invoice to the following email address: info@videofy.me.
  2. Videofy.me will send a statement of income on an annual basis to the Swedish tax agency (Skatteverket) regarding the payment.
  3. You are responsible for any other taxes and fees that are related to the payment.
4.6

If you are a private person (regardless of domicile):

  1. The payment according to this agreement is payable without value added tax. Videofy.me will send a statement of income on an annual basis to the Swedish tax agency (Skatteverket) regarding the payment.
  2. You are responsible for taxes and fees that are related to the payment.
4.7

If you are a legal entity within or outside the EU:

  1. The payment according to this agreement is payable, without value added tax, according to an invoice issued by Videofy.me (self-billing). Any possible objections you may have against the invoice shall be submitted in writing within 10 days of the issuing of the invoice to the following email address: info@videofy.me.
  2. Videofy.me will send an annual control statement to the Swedish tax agency (Skatteverket).
  3. You are responsible for taxes and fees that are related to the payment within or outside the EU.
4.8

You are a private person or a legal entity within or outside the EU:

  1. Videofy.me will furthermore send an annual control statement to the Swedish tax agency (Skatteverket) on payments exceeding SEK 150,000 or part payments exceeding SEK 150,000 within the current fiscal year.
5.

REMOVAL OF THE CONTENT

5.1

Videofy.me shall at any time be entitled to demand the removal of the Content, for example if the Content is illegal according to this Agreement or otherwise unsuitable.

5.2

If the Content Provider wishes to remove the Content from Videofy.me or from Videofy.me's distributors' websites, Videofy.me shall make the Content unavailable to the distributor as soon as practically possible.

6.

TERM AND TERMINATION

6.1

The term of this Agreement is from the date of your acceptance of these terms.

6.2

If either party fails to fulfil its duties pursuant to this Agreement, the other party is entitled to cancel this Agreement with immediate effect.

6.3

For the avoidance of doubt, Videofy.me has no obligation to publish or distribute the Content. Videofy.me has the right to immediately remove the Content from its website.

7.

INDEMNITY

You shall indemnify and cover all and any losses, costs, damages, liabilities, claims, demands and expenses (including legal fees) suffered or incurred by Videofy.me arising out of or connected with your failure to comply with the terms and conditions of this Agreement.

8.

DISPUTES

8.1

This Agreement shall be subject to Swedish law. Any dispute, controversy or claim arising out of or in connection with this Agreement or the breach, termination and invalidity thereof, shall be settled by Swedish courts, with the Stockholm City Court as first instance