Terms and Conditions

Welcome to Glymt, a platform which enables you as an individual, business or organization, to record, publish and license your own videos as well as to request, explore, rate and license videos from other Users.

Through our two-sided marketplace, clients such as brands, marketers or video producers can crowdsource specific short videos, in almost real time from local everyday filmmakers, already on the spot and now empowered by HD capable devices.

By joining our community, and as we develop our platform, Users will receive requests matched by interests and location, which they can answer for the challenge, rewards and recognition.

Users may send requests, view the results for free and license only what they need, making Glymt a tool for anyone to freely search the world, discover or revisit places and cultures in honest light through short video freshly made for them.

Terms Acceptance

By accessing or using this Site and mobile App (the “Services”) in any way, Users agree to and are bound by the terms and conditions (“Terms & Conditions”) set forth in this document, as well as to our Privacy Policy. We advise you that if you do not agree with all or part of the terms contained in the Terms & Conditions do not access or use our Site or mobile App.

Glymt reserves the right to change these Terms & Conditions at any time without presenting with a justification. Glymt will notify the Users of the changed made to the Terms & Conditions on the Website, via the mobile application or via email, no later than four weeks before they take effect. That notification will include a link to the full version of the changed Terms & Conditions. If Users do not object to the application of the new Terms & Conditions within four weeks after receiving the notification, the amended document shall be deemed accepted.

We may attempt to notify Users of major changes to the Terms & Conditions, but we might not be able to notify our Users of all the changes, so we encourage you to check if they have been updated. The continued use of the Service constitutes an agreement to be bound by such modifications or revisions.

Upon the User registration as an individual, you represent and warrant that you are over the age of 18 and are lawfully able to accept the Terms & Conditions.

If using our Services on behalf of any entity, you further represent and warrant that you are authorized to accept the terms on such entity's behalf, and that such entity indemnifies Glymt of any violation of the Terms & Conditions.

If Users violate in any way or in part these Terms & Conditions or our Privacy Policy, Glymt reserves the right to, without prior notification, terminate their User Account. Users are solely responsible for the content and information they upload on our Service, as well as the interaction with other Users and for any consequences thereof.

Users Account and Registration

In order to use our Service, specifically if you wish to upload, publish or license videos you are requested to create a User Account. If you choose not to register through a third-party website, you will be requested to select a user name and a password, and provide us with a valid email.

It is strictly forbidden to choose user names that can be considered harmful, racially or ethnically offensive, sexually explicit, defamatory, or that in any way violate any personal rights.

By creating an Account you warrant that the information you provide us is accurate, and that you are responsible to keep it up to date, provided the request of such data does not contradict any data protection law/s.

Glymt may disable, suspend or terminate your access to all, or part of the Service at any time, without prior notice, and will not be liable for any of your losses if caused by any unauthorized use of your Account.

Service

To use our Service, specifically if you wish to upload, publish, license videos or send requests, you are requested to create a User Account.

Glymt grants Users permission to access and use the Service as set forth in the Terms & Conditions, provided that they agree not to:

1. Alter or modify any part of the Service.
2. Interfere with or disrupt the Service or servers or networks connected to the Service, including transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
3. Inject content or code or otherwise alter or interfere with the way any Glymt content is rendered or displayed in a User's browser or device.
4. Circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

5. Access Glymt’s private APIs unless authorized to do so by Glymt.
6. Create any Glymt Account through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
7. Crawl, scrape, cache, or otherwise access any Content within the Service via any automated means.
8. Create multiple Accounts with the intention of being disruptive or abusive to the Service.
9. Use the Service in any way that breaches any applicable law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, for the purpose of harming or attempting to harm minors in any way.

Users understand and accept that Glymt reserves the right to modify, suspend or discontinue any aspect of the Service or the Users access to the Service for any reason, without notice, at any time, and is not liable for any content loss through use of the Service.

Content Guidelines

As a Glymt User you may submit Content to the Service. The term “Content” includes, but it is not limited to video, text, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.

The Users represent and warrant that they own the Content posted on the Service or otherwise have the right to grant the rights and licenses set forth in these Terms & Conditions, and that all royalties, fees, and any other monies owed by reason of Content they post on or through the Service, have been paid for.

Users shall be solely responsible for their own Content and the consequences of submitting the Content on the Service.

Users warrant not to post, upload, create or otherwise publish through our Services any of the following:

1. Videos, requests, messages, comments, data, information that are unlawful, defamatory, obscene, pornographic, harmful to minors, indecent, suggestive, harassing, threatening or invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Videos, requests, messages, comments, data, information that would constitute, encourage a criminal offense or violate the rights of any party;

3. Any Content that might infringe in all or in part any patent, trademark, trade secret, copyright or other intellectual property or contract right. We would like to remind you that you represent and warrant that you have the lawful right to transmit, distribute and reproduce any content;
4. Files that may contain virus, corrupted data, or any other programs that may harm other people’s devices or/and our Service.

Glymt does not guarantee the accuracy, validity, or completeness of any Content on the Service, nor do we endorse or support any opinions expressed in the Service. Users understand and acknowledge that they might be exposed to Content that may be deemed inaccurate, offensive, indecent, objectionable or otherwise inappropriate, and you agree to waive any legal or equitable rights or remedies you have or may have against Glymt with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Glymt, its owners, operators, affiliates, contributors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

If Users post, upload, create or otherwise publish content in the Service that may in any way or in part violate the Terms & Conditions or the Privacy Policy, Glymt reserves the right to, without prior notification, remove the violating Content and terminate the User Account.

The Contributor

The Service, allows the “Contributor” (an individual, business or organization) to make new videos or upload existing ones through our mobile App when recorded with a mobile phone.When recorded with any other devices (digital cameras, drones cameras, etc...) it is also possible to upload the videos through our website.

Once uploaded, the videos will be available in our stock and Contributors will be able to submit them to Requests and Contests issued by Glymt or other Users.

A "Video" means a digital videograph file which has been taken with a camera phone, digital camera, action sports and drones cameras, or similar device designed for taking digital video file. Video lengths are set between 5 – 20 seconds but Glymt can at any moment change the length restrictions.

When Content is licensed via our platform the Royalty Fee will be credited in the Contributor’s Account. The Royalty Fee payment to Contributors will range from 30% to 50% of the net profit (after deducting transaction costs) of the licensed content, and may differ accordingly to the type of licensing agreement, the ranking of the Contributor's videos and the User’s licensing history.

Users understand that Glymt may make amendments to the royalty rates and methods for calculating the Royalties Fees. Nonetheless continued submission of Content will deem acceptance by you, of those changes.

Publishing Content

After registering and once signed in, Users are able to upload and publish their videos free of charge on our platform.

Glymt may set a limit on the number of videos each Contributor can publish on our Service at the same time, as well as the number a videos a Contributor can submit per request, and Glymt reserves the right to change it at any time. This limit may take into account the ranking of the Contributor's videos, the User licensing history as well as the number, ranking and licensing history of Users invited by the Contributor to the Platform.

When you create a video in your device or upload one to our platform it will become available in your Gallery, where it will not be visible to other Users. Once the video is uploaded you may publish it immediately or choose to go through the publishing process at a time of your convenience.

In order to publish a new video Contributors must:

1) Add a title.
2) Choose at least 1 of the predefined categories (provided in the Service Category list). Note: Glymt encourages you to select more than one category, and to include several keywords, since this will increase your video visibility in our Services.
3) Attach a Model Release waiver before publishing the video (if there are recognizable faces), since it is required in order to license the video for commercial purposes. To do so the mobile app features a built in tool that allows the Users to easily create a model waiver, or Users may also scan and upload a signed model release provided in our website. When a User publishes a video, Glymt or its partners/associates may review the content to determine if there is any abusive content, and if it meets our quality requirements before the video becomes visible on our platform.

When a video is rejected, Glymt may send an email stating the issues found. Repeated infringement may lead to Account termination.

Users acknowledge and agree that the Content is owned or duty licensed by the Contributor, and that Glymt can freely use the Content, without the need to request any permission to a third-party, and that by publishing the videos in the Service, those videos will become visible to the Users/non-Users worldwide as part of our stock. Other Users will be able to search and view them for free as well as rate, report and license the videos.

By submitting any Content to our Service, you hereby grant Glymt a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, reproduce, process, modify, adapt, prepare derivative works, monetize, publish, transmit, display, perform and distribute the Content in connection with the Service and Glymt's (and its successors' and affiliates') business, including without limitation, promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You hereby agree that Glymt may place advertising, sponsorship or promotional material on the Service in conjunction with your Content.

Users understand and agree that this license includes the right for Glymt to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Glymt for the broadcast, distribution or publication of such Content on other media and services, subject to our Terms & Conditions for such Content use. Such additional uses by Glymt, or other companies, who partner with Glymt, may be made with no compensation paid to the User with respect to the Content that you published or otherwise made available through the Services.

Users are free to remove their Content from our platform at any time. Nonetheless you understand and agree that Glymt may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by you, and that any Content you have submitted which has been previously downloaded by Glymt, Glymt's partners or any other Licensee, will remain within the control of such User.

The Licensee

In our Service Users can either license videos from a worldwide stock of Content that was previously checked for quality control and sensitive content, or make free specific video requests, as detailed as needed, and license only the videos they want.

Once the Licensee (an individual, business or organization), acquires a royalty free license for the use of the select Content, it will be available in the User Account, where it may be downloaded at any time.

License Guidelines

Royalty-free License

When a Contributor publishes a video in our Services, acknowledges and agrees that any other User can purchase a worldwide and royalty-free license, that grants the Licensee the right to use, publish, distribute, modify, adapt, publicly perform and publicly display such Content as allowed in the Terms & Conditions, and that the Content may be use for editorial or commercial purposes.

Since all licenses are non-exclusive please recall that Users may be violating copyright law or intellectual property rights, if the videos are or were available, or were licensed under any other licensing agreement that may conflict with a royalty-free license.

Once the Licensee (an individual, business or organization), acquires a royalty free license for the use of the select Content, it will be available in the User Account, where it may be downloaded at any time.

Licensing and Payment

After registering as User and accepting the Terms & Conditions, Users may license content throughout our online platforms which are processed through Paypal and Easypay. Payments on Glymt Mobile App are processed through App Store (iOS devices) and Google Play (Android devices).

Users can pre-acquire Glymt Credits (packages) with discounted prices for licensing content on Glymt. Therefore the Licensee can pay for the selected Content either through (1) a one-time Fee or (b) by using the balance of pre-acquired Credits (Glymt website only).

The licensing price for a video might differ according to whether it is being licensed through a request or through the stock, and the value will be specified at the time of purchase, Glymt may change this policy as well as the base value at any time.

The Licensing Fee for the content submitted to a Request will reflect the reward determined upon its submission, and the same video will not be available to the Requester in the stock. Payment of the Content Fee is made by the Licensee through the purchasing process on our Service, therefore Glymt receives the License Fee on behalf of the Contributor and credits the Royalty Fee in the Contributors Account. All payments are final and binding and will not be refunded to a Licensee under any circumstances.

Contributors will be notified when their Content is licensed and will be able to check the transactions at the end of the month in the "Account" section.

Contributors must provide a PayPal Account in order to receive Royalty Fees, and will be able to transfer their funds from the User Account within 30 days of the end of every reporting month.

There is a minimum payout rate of twenty five US Dollars (USD 25.00) per accounting period. Glymt reserves the right to at any time, change the minimum payout rate, and will notify the Users of such changes.

If during an accounting period, Users did not accumulate twenty five US Dollars (USD 25.00) in Royalty Fees, the compensation will be brought forward into the next accounting period.

The Contributor may request payment to be made even if the balances on the User Account is below the minimum payout rate of twenty five US Dollars (USD 25.00) as long as he pays a $ 5 US Dollars processing fee.

If you cancel the Account prior to accrue earnings in your royalty account totaling twenty five US Dollars (USD 25.00) in royalties, such royalties will be forfeited by you.

Glymt does not withhold taxes from your royalties; therefore Users agree and understand that they are responsible for their own claims and taxes.

Please note that any information Users enter on a third-party website, will be shared with the owner of the third-party website or application, and that the information provide is no longer under these Terms & Conditions protection, and are subject to the third-party Privacy Policy.

Requests

The Service allows the “Requester” (an individual, business or organization) to make specific video request, as detailed as needed, and Users will have access to a feed of these requests, filtered by their choice of interests.

These Requests can be answered by submitting videos from the User published Content or by recording and publishing a new video at the time.

Users can submit videos to the request by uploading videos that are already published in their Gallery, or you my record a new video at the time.

Users are also able to track requests that match their interests and to report abusive request that are in violation of these Terms & Conditions.

Issuing Requests

Request can either be issued via our mobile App or our web Page.

When issuing a request, the Requester must insure that it includes:
1) A title.
2) Categories of interest used to match the request with the right Contributors.
3) A deadline.
4) The price the Requester is willing to pay to license a submitted video.

The Requester may further detail a particular request if its complexity so demands it and, by adding to the Request a script and/or the intended location.

The act of issuing a request is free, and the Requester is not obliged to license any of the submitted videos.

It is strictly forbidden to create requests that are in any way:

1) Unlawful, defamatory, obscene, pornographic, harmful to minors, indecent, suggestive, harassing, threatening or invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2) Constitute or encourage a criminal offense or violate the rights of any party. You may not request videos of a specific person such as celebrities or politicians.

The Users acknowledge that Glymt is not responsible for the requests created by other users and cannot be held responsible for it. Nonetheless Glymt may delete a request, as well as disable, suspend or terminate your access to all, or part of the Service at any time, without prior notice, if a request is not in agreement in with Terms & Conditions. If Users suspect a Request may in any way violate these Terms & Conditions, they can report that Request via our platform.

Licensing videos from the request

The Content uploaded on a Request section is public and might also be viewed and licensed by other Users, nonetheless in particular cases considering the use intended for the Content, the videos may not be available in our stock.

Neither Glymt nor the Requester is obliged to license any of the videos that were uploaded as a result of the request they created.

It is the Requester sole responsibility to select and determine which videos to license, therefore the Contributors agree and understand that Glymt, has no responsibility or interaction with the Requester regarding their choices.

Contests

The worldwide network of Glymt Contributors can also be invited to participate in video contest issue by Glymt, its partners or other Users.

Such contests will work similarly as the requests but will be focused on a theme, have a jury and will offer prizes only to the selected winners.

The Requester is obliged to select a winner if more than one video is uploaded as long as the submissions are related to the subject requested.

Contributors agree and understand that when a User issues a contest Glymt is not responsible for selecting the prize or the winner, and is also not responsible for shipping/delivering the prize.

General

Links

Glymt makes no claim and it is neither directly or indirectly responsible for the content nature displayed on third-party websites accessible by hyperlink from our Services. You accept that such sites are not under the control of Glymt, and therefore Glymt is not responsible for the contents of any linked site, changes or updates to such sites. We provide access to third-party website to your convenience, and to operate specific tasks, such as billing or registration. We would like you to be aware that when you leave our Service, the Terms & Conditions don't govern other websites.

Trademarks

Glymt, the Glymt logo, and any other product or service name or slogan contained in the Website or App are trademarks of Glymter, Lda. and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Glymter, and are subject to copyright and other intellectual property rights under the law.

Indemnification

To the extent permitted by applicable law, you (and also any third party for whom you operate an Account on the Service) agree to defend, indemnify and hold harmless Glymt, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, obligations, losses, and expenses, including without limitation attorney's fees and costs, arising from (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service; (ii) your violation of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; or (vi) any claim that your Content caused damage to a third party. You agree to cooperate as required by Glymt in the defense of any claim. Glymt reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Glymt. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GLYMT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. GLYMT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GLYMT 'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. GLYMT DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GLYMT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL GLYMT, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GLYMT'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, IN CASE OF TECHNICAL IMPLEMENTATION, THAT INCLUDE BUT AREN'R LIMITED TO SITUATIONS DUE TO NECESSARY MAINTENANCE OR NET ACCESS FAILURE,(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GLYMT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Glymter from its facilities in Portugal. Glymter makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own free will and are responsible for compliance with local law.

March 2015