ProducerTerms of Service
This document shall serve as an addendum to the general Terms of service agreement and is applicable specifically to Producers. By agreeing to sell and distribute your content on our site you agree to the following
ACCOUNT AND PAYOUTS
- You agree and warrant that the contact information you have provided to GWNB is complete and accurate, and you further agree to notify GWNB with in fifteen days of a change to any such contact information. Failure to update contact information may result in loss of payout, loss of data or termination of this contract.
- By selling your content on GWNB you authorize GWNB display, distribute, and advertise your content and collect payment from customers for access to your content. This payment shall be directly made to GWNB for profit and be distributed to the customer on your behalf. GWNB has no other rights to your content and will remove and /or disable customer access to your content upon your written request.
- You Agree that You will receive 75% commission on sales and GWNB takes 25% commission of all payments sent by customer. Your commission will be sent as a Payout via Paypal or another payment processor in the future as updated in writing by GWNB. This commission rate is subject to change at any time and will be updated in a new terms and conditions that you may agree with or decline by deactivating your account and removing your content. Continued use of our site to sell your content after any such changes, constitutes agreement that future commission rate and terms and condition set forth.
- You understand and agree that Commissions totaling over 600 U.S. Dollars in a calendar year require us to file tax form 1099. You will be required to provide your EIN or Social Security number before any further payouts that bring your total commission to 600 dollars or more. This information will be requested in writing in a secure fashion. Failure to do so may result in delayed pay out or termination of your account.
- You agree that GWNB my at its sole discretion may terminate your account and remove your content for any reason and with out explanation including but not limited to violation of these terms. You are entitled to appeal this decision in the event that it happens, but there is no guarantee of restitution. GWNB retains the right to decide what content is available on this site and to protect our own interest require the right and ability to remove content with out authorization by you.
- You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of GWNB and that no taxing authorities shall have any claim against GWNB or any persons affiliated therewith for the payment of such taxes.
- You agree and warrant that your use of the GWNB Digital Marketplace and GWNB for sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP4 and wmv), or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of site by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the GWNB Digital marketplace shall at all times comply with all applicable Laws.
- You agree and warrant that you will neither create or store on nor allow to be transmitted by GWNB any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than 18 years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.
- You agree and warrant that your content shall be solely for entertainment, business and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.
- You agree and warrant that Your Content shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by GWNB, in its sole discretion.
- You agree that if, in GWNB’s sole and exclusive judgment, GWNB concludes that YOUR Content displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then GWNB may, without prior notice to you and in GWNB’s sole and exclusive discretion, either remove and erase the material from Your Store, and/or disable public access to the material on Your Store, and/or cease hosting Your Store, without any liability of any kind to GWNB from either you or any third party.
- You agree that you enter into this agreement of your free will and use this site at your own risk.
- GWNB does not claim ownership of your content and is not responsible for backup or retention of an disaster, outage or site closure. You agree that your content shall not be backed up or stored by GWNB or its web host or servers and that you are responsible for your own backups and restoration. GWNB uses third party servers and cloud storage for file distribution and offers assistance in integration with the site, but otherwise can provide no technical support or warranty of these third party services.
- You agree This site and its services are available free of charge with the exception of a small commission on sales. As such there is no financial risk to you, with the exception of potential missed pay out and lack of commission paid. While we do our best to prevent this, This may occur due to technical issues, disaster, illness, death, or other unforeseen circumstance. We make nor warranties bout your Pay out in these events, but You are entitled to deactivate your account and remove, or request removal of your content at any time you feel it is not profitable for you
- GWNB shall not be liable for any claim of unfair competition, violation of publicity or privacy, infringement of trademark, copyright, or any other intellectual property rights that is the result of your failure to have or obtain the appropriate permission to use Content when using the GWNB Digital Marketplace. It is your responsibility to ensure that any images and other Content are used in full compliance with any third party license, these Terms and Conditions, and any applicable laws. This includes but is not limited to obtaining proof of age, signed model release or consent forms
NOCASE SHALL GWNB, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES,AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL,EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM
YOUR USE OFOR OTHERWISE RELATING TO THE GWNB DIGITAL MARKETPLACE.
SOME COUNTRIES, STATES ORJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
THE LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN SUCH COUNTRIES,STATES OR JURISDICTIONS, GWNB’s LIABILITY SHALL
BE LIMITED TO THEEXTENT PERMITTED BY LAW.
YOU HEREBY RELEASE GWNB FROM ANY ANDALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITYLIMITATIONS.
- You understand that GWNB is hosted and accessed in the United States and in other countries around the world, and you agree to abide by United States law, the local laws of other jurisdictions where your content may be hosted or accessed, and any other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization; you agree that GWNB may remove content, restrict access, or shut down your store, or any of its content that is not in compliance with applicable law, in GWNB’s discretion
- You agree that in the event that GWNB is informed by any party that your domain name or any material on Your Store infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then GWNB may, without prior notice to you and in GWNB’s sole and exclusive discretion, either remove the material from Your Store, and/or disable public access to your content, and the material on Your Store, and/or terminate this Agreement, without any liability of any kind to GWNB from either you or any third party. You waive any and all claims you may have, now and forever, against GWNB relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless GWNB from and against any such claims.
- You affirmatively represent, agree and warrant that you have and at all times shall have all necessary documentation, proof of age, model releases, and intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Your Content or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the GWNB Digital Marketplace or servers, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the GWNB Digital Marketplace
- You agree that you shall fully defend and indemnify GWNB, including its officers, directors, owners, managing agents, attorneys,shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages,injuries, fines penalties, costs and expenses, attorneys’ fees,arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement,including, but not limited to, your warranties listed above or your violation of a third party’s intellectual property rights or rights of publicity. You further agree to defend, indemnify and hold harmless GWNB,including its officers, directors, owners, managing agents,attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses,liabilities, damages, injuries, fines, penalties, costs and expenses,including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any actor omission of you or your agents in connection with the performance of this Agreement. You agree that GWNB shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
- You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the GWNB Digital Marketplace
- You represent and warrant that you are over 18 years of age (21 in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.