08/23/2020 04:00 PM (MST)
ViewStub empowers people to connect through virtual experiences. We strive to create an environment where users can feel like they are somewhere else through our platform and facilitate other engaging functions (“Services” or “Our Services”). To Further in tell, These Terms of Service are between ViewStub, Inc. ( “Us”,“Our” or “We”) and you as a customer (“You”, “Your” or “Your Legal Business Name”).
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
By creating an account on ViewStub.com you are accepting this agreement and giving virtual consent to enter a contract with us. This includes but is not limited to purchasing videos, engaging with other users, or posting videos to our marketplace.
Account security statement: you are responsible for all activity that occurs within your account.
The invasion of other users' privacy as well as the sharing of other users’ personal information is prohibited. Private information could include personal details as well as other information such as comments, images and videos. Users should be aware of the risk of claims for defamation and breach of privacy involving the use of videos and images of other people without consent.
We may collect different data from or about you depending on how you use the “ViewStub website” (hereinafter “Services”). Some examples include account data, profile data, shared content (interactions with other users), payment data, and communications and support data. These examples are included to help you better understand the data we collect. This data is securely stored by us or one of our third-party affiliates and associated with your account.
We may invite you to complete a survey or participate in promotions (contests, sweepstakes, polls, etc), either through our platform or a third-party. Alternatively, we may use information you provide when signing up to inform you of upcoming events, changes or opportunities via channels such as but not limited to email.
Your information will be stored securely, and will not be sold to any third parties or data collection agencies. At ViewStub, we value your privacy and consider it a top priority.
When you access the Services, we collect certain data by automated means, including but not limited to: system, usage, and geographic data.
ViewStub is located in the United States. In order to provide the Services to you we must transfer your data to the United States and process it there. By visiting or using our Services, you consent to storage of your data on servers located in the United States. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries.
Cookies that are essential to provide you with services you have requested. This function can be removed in your browser settings (EX Google Chrome) but may limit or restrict the ability to use the Services.Performance:
Cookies which measure how often you visit our sites and how you use them. We use this information to get a better sense of how our users engage with our journalism and to improve our sites and apps, so that users have a better experience. We also use third party cookies to help us with performance. An example of these would be google analytics. This function can be removed in your browser settings (EX Google Chrome).Functionality:
Cookies that are used to recognize you and remember your session, preferences, or settings when you return to our site, to provide a user friendly and more personalized experience. A mix of first party and third party cookies are used. This function can be removed in your browser settings (EX. Google Chrome) but will limit your ability to use a ViewStub account.Advertising:
Cookies that are used to collect information about your visit to our site, the content you have viewed, the links you have followed, and information about your browser, device, and IP address. This function can be removed in your browser settings (EX Google Chrome).
You may only upload content that you have the right to upload and share. If it is brought to our attention that you may have content that does not belong to you or your business, it will be subject to review for possible account action or termination.
You may not reproduce, sell, rent, or duplicate content that was originally uploaded on ViewStub.
Content creators' material must not infringe on third parties rights.
Content creators may not screen share third party content. (Example: Sporting Events, Movies, TV shows). Content creators may not spectate other creators while they are live, without written consent.
You retain all rights of ownership and distribution for the content you upload. ViewStub shall have the non-exclusive rights to distribute your content while you make it available on the site. ViewStub also retains the right to use materials uploaded for promotional purposes.Marketing:
ViewStub is allowed to share your content to anyone through any media, including promoting it via advertising on other websites and social media channels. Client grants to ViewStub a limited license for the purpose of displaying Clients logo and marks on the ViewStub website, to announce the partnership with Client and ViewStub in the form of a Press Release or with investor relations. Accepting our Terms of Service acts as consent by the Client.
All users must refrain from doing any of the following:
We reserve the right to block your content from being found through our services if you violate the rules allowed for the use of the service.
We also reserve the right to remove you from the service if we become aware that you may be in violation of applicable law or these terms.
ViewStub is not liable for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
ViewStub is not liable for any injury that may occur during the act of live streaming.
The company is not responsible for content including links to third-party websites and activities provided by users. Both this content and the activities are neither attributable to the company nor do they reflect the opinion of the company.
ViewStub does not warrant that: this website will constantly be available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
This Website is “as is” and there are no warranties either expressed or implied. If you feel that you deserve a refund for our services, please contact us immediately and we will review your claim. It may happen that our platform is down, either for scheduled maintenance or because of site issues. It is possible that one of our creators may make misleading statements in their video content or live stream. We may also encounter security issues. These are just a few examples. By accepting these Terms, you agree that you will not take any action against us in any of these types of cases. In legal, more complete language, all services and their content are provided on an “as is” and “as available” basis. We (as well as our affiliates, partners, and employees) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (as well as our affiliates, partners, and employees) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk.
Payment for all services (including but not limited to live stream attendance and VOD purchases) is expected in full prior to access to the service. Once successfully purchased, the viewer is granted full access to allowable features included in the specific service.
Refunds will be reviewed by our support team, and are defined under the “Refund Policy” section of these Terms.Creator(s):
Creators are responsible for upholding the expectations they set involving their content. These expectations should be clearly defined by the creator, as not to cause confusion to potential viewers or customers. Upon successful delivery of these expectations, payment will be released and delivered via a third party escrow service (PayPal, Stripe, etc.).
VViewStub implements a 90% rule. This 90% rule is defined as an expectation that creators will complete at least 90 percent of the time they designate for each stream or VOD. This rule is implemented to help both the creator and the viewer.
Per example, a live stream is listed and estimated at 6 hours by the creator, prior to the first sale. Upon completion of the first purchase of the stream, the creator is expected to stream for at least 90 percent of the 6 hours defined by the creator. This would equate to at least 5.4 of the 6 hours in order to receive payment. This is a generic example, and does not represent all of the situations that may occur while using our service.Event Payment:
As of 10/1/2021, ViewStub has updated their pricing model. If you are an organizer with a subscription model from prior to this date, your subscription will be honored until there is a lapse in payment, or your subscription is cancelled. At which time, your account will then reflect the updated pricing model. If you are an event organizer, and you did not have a subscription prior to this date, your account will remain as a starter account, and you will be able to see the updated pricing model available for purchase.
The updated pricing model is as follows: ViewStub utilizes a “Pay-Per View Model” (defined as: a type of paid service by which a subscriber or member of a service provider can purchase events to view via private telecast). With the rise of the Internet, the term Internet pay-per-view (iPPV) has been used to describe pay-per-view services accessed online. Event is responsible for any taxes owed based on the income received from utilizing ViewStub services. Payment processing fees are additional and not included in the above calculations. Event organizers have two options regarding credit card payment processing fees, they can either 1.) absorb (deduct from their commission) or 2.) pass along to the attendee (add to customer’s ticket purchase price) all credit card payment processing fees incurred from each transaction. Stripe payment processing fees are 2.9% + $0.30 per transaction. Actual payment processing fees may vary due to several factors. Foreign currencies are automatically enabled for every transaction, and a 3% processing fee will be applied to all purchases in any currency other than USD. Standard rates for the in-person only (non-subscriber) accounts are as follows: for ‘in-person’ registration tickets and donation based registration tickets, ViewStub keeps 3% + $1.00 per transaction (calculated prior to processing fees being added). For non-access related transactions, ViewStub keeps 5% of the price (calculated prior to processing fees being added). Viewstub has also updated their pricing packages to be able to be bundled. You can view what is included in our new pricing packages HERE.
If your account qualifies, payouts are accumulated and available on a rolling basis, a minimum of 3 days after each successful purchase. New payouts can be requested once the previous one has been completed and the new account balances are updated in your ViewStub account. Refunds will automatically be removed from your available balance or from any future balances as needed. ViewStub will invoice or charge the credit card of the organizer for any refunds payable to customers where the balance is unavailable in the organizer’s account. ViewStub reserves the right to further limit payouts for requests below $20 at our discretion. ViewStub will transfer the ticket revenue to the organizer via Stripe or Paypal minus the appropriate revenue share and processing fees. If refunds, disputes, or fraudulent activity occur after the payout, ViewStub will initiate repayment from the organizer to cover the refunds, disputes, or fraudulent activity plus all related processing fees. Advanced payouts are available to our trusted accounts as verified by the ViewStub Team. If you would like to receive this service please contact your dedicated Account Manager or email firstname.lastname@example.org.
If refunds are allowed by the organizer, and you wish to receive a refund, you must email the organizer directly with a request within fourteen (14) days of your initial purchase, if purchased after the event date, or within (14) days after the original event date displayed when you made your purchase.
ViewStub fees and individual ticket prices are subject to change at any time. ViewStub reserves the right and has full authority to issue refunds directly to the customer at our discretion prior to those funds being transferred to the event through any payouts.
All unauthorized transactions made on the ViewStub platform will be refunded, and the event organizer will be responsible for the associated refund fees. These fees will be collected via the card attached to the organizer’s account or deducted from event profits, whichever is needed.
ViewStub works very hard to have the best customer service, responsiveness to customer inquiries, and the most lawful interaction with clients; We take disputes very seriously. There are several dispute types including: 1) The attendee initiates a dispute, because they do not remember the purchase, and 2) The attendee did not authorize the transaction and transaction’s origination is fraudulent.
We do not offer refunds outside of our refund policy and the organizer’s refund policy. If a customer has an issue with their event then they are encouraged to contact ViewStub’s customer service team for advice on refunds or some other remuneration. If the event issues are the organizer’s fault, then ViewStub will keep their portion of the proceeds and the amount required to cover all processing fees. The refund policies are based on our own plus the organizer’s choice to allow refunds or not. ViewStub has the final say on whether refunds are given or not.
When a dispute occurs, an email is sent immediately to the organizer and the attendee. We assume that the attendee has failed to remember the transaction; it is possible that the statement descriptor may not have triggered their memory and request that they will immediately cancel the dispute with their merchant service or bank. The organizer is also contacted, so they may decide how to handle the dispute. Should the attendee not respond to our communications, evidence is provided to our merchant service, stripe, and they will work with the attendee’s bank or merchant service to resolve the dispute.
ViewStub has sections of our website where access is restricted. ViewStub reserves the right to restrict access to other areas of this website, or indeed this entire website, at ViewStub's discretion.
A Viewer is granted access to the video or live stream once paid in full. This includes but not limited to video(s) and chat engagement.
A viewer is allowed to engage in a live chat environment with the creator and other viewers. It is a user’s responsibility to act accordingly by the Code of Conduct; a creator or a member of the ViewStub team can report, block, mute, and remove the user from a specific stream or ViewStub.com.
Subsequently, users may also use the report function to notify ViewStub of possible breaches of our Code of Conduct, made by other users, including creators.
If a user is reported for a possible breach as mentioned above, ViewStub will conduct an independent investigation into these claims and take appropriate action. This investigation will be conducted with the utmost professionalism and without bias.
New account holders must verify their account via email verification before creating any events. First time event organizers who publish an account are subject to account verification. This trusted account verification process can take up to 24 hours to approve your first event. The approval or denial of your account as a trusted account is at the discretion of ViewStub.
If any fraudulent activity has been shown on an organizer’s account, ViewStub reserves the right to deactivate the account at any time, and refund all tickets to the attendees without any notice. ViewStub also reserves the right to deactivate an organizer’s account if fraudulent activity has been detected, and to charge the organizer for any processing fees related to refunds and disputes.
In the future, we may update these Terms to clarify our practices or to reflect new or different practices (adjustments, added features, etc.). ViewStub reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we may notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications to these Terms will become effective on the day they are posted unless stated otherwise. Your continued use of our services after changes become effective indicates that you accept those changes.
Any and all revised Terms shall supersede all previous Terms.
Appropriate action will be taken against any individual who violates these terms and conditions. This action will include but not be limited to account suspension, deletion, and permanent IP address bans.
Similar to other platforms where people can create and post content as well as interact, some things can go wrong, and you use ViewStub at your OWN RISK.