Terms of Service

Laws and requirements

UK

General Data Protection Regulation (GDPR) – This regulation governs how you collect, process, store, and transfer personal data.
Consumer Protection Legislation – The Consumer Rights Act 2015 sets out the legal framework for consumer protection, including fairness in terms and conditions, the right to refunds, and the provision of services.
E-Commerce Regulations – The Electronic Commerce (EC Directive) Regulations 2002 apply to services offering online content and digital services, outlining rules for online contracts, business conduct, and obligations regarding information disclosures.
Cookies and Tracking – Under the Privacy and Electronic Communications Regulations (PECR), businesses in the UK must obtain user consent before storing or accessing cookies on a user’s device.
Distance Selling Regulations – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 requires online businesses to provide clear information about contracts, cancellation rights, and delivery times for consumers.

1. Acceptance of Terms

By accessing or using [Service Name], you agree to comply with and be bound by these Terms of Service ("Agreement"). If you do not agree to these terms, you should not use the service.

2. Changes to Terms

We reserve the right to modify these Terms of Service at any time. If we make changes, we will notify you either by posting an updated version on our website or by other appropriate means. The updated Terms will become effective as soon as they are posted.

3. User Obligations

By using our service, you agree to:

Provide accurate and complete information during the registration process.
Maintain the confidentiality of your account credentials.
Comply with applicable laws, including intellectual property laws and UK consumer protection laws.

4. User Content

You retain ownership of any content you submit to the service ("User Content"). However, by submitting content, you grant us a license to use, modify, and distribute it in accordance with our service.

You are responsible for ensuring that you have the necessary rights to any content you upload.
You may not upload or distribute content that infringes on intellectual property rights, is defamatory, or is otherwise unlawful.

5. Copyright Infringement (DMCA/UK Copyright Law)

We respect the intellectual property rights of others. If you believe that your work has been infringed upon, please send a notice to our designated agent at [contact details]. We will take appropriate action in accordance with the Copyright, Designs and Patents Act 1988.

6. Privacy Policy

Your use of the service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with the UK GDPR. By using the service, you consent to the collection and use of your personal information as outlined in our Privacy Policy.

7. Cookies

We use cookies to enhance your experience with our service. By continuing to use our website, you consent to our use of cookies as described in our Cookie Policy.

8. Prohibited Activities

You may not:

Engage in fraudulent or deceptive conduct.
Violate any laws or regulations, including those related to intellectual property, data protection, or consumer protection.
Attempt to interfere with or disrupt the operation of the service.

9. Termination

We reserve the right to suspend or terminate your access to the service if you violate these Terms, engage in unlawful activities, or fail to comply with our policies.

10. Consumer Rights

Under UK consumer protection laws, you have certain rights. If you are a consumer, you may have the right to cancel your contract within 14 days of purchase under the Consumer Contracts Regulations 2013. Please refer to our Refund and Cancellation Policy for more information.

11. Disclaimer of Warranties

The service is provided "as is" without any warranties of any kind, express or implied. We do not guarantee that the service will meet your requirements or be free from errors, interruptions, or security breaches.

12. Limitation of Liability

In no event will we be liable for any indirect, incidental, special, or consequential damages arising from your use of the service.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses arising from your use of the service, including any violation of these Terms of Service.

14. Governing Law

These Terms of Service will be governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts in England and Wales.

15. Dispute Resolution and Consumer Rights

Alternative Dispute Resolution (ADR): If you are a consumer, you may choose to use an alternative dispute resolution scheme to resolve disputes without going to court. For more information, please visit the UK government’s website.
Ombudsman Services: If we are unable to resolve your complaint, you may refer the matter to an independent ombudsman or alternative dispute resolution body, such as Ombudsman Services.

USA

· Digital Millennium Copyright Act (DMCA) – U.S. law requiring services to have a policy for addressing copyright infringement.

· Children’s Online Privacy Protection Act (COPPA) – If collects data from children under 13, you need to comply with this law.

· California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) – These apply to services that collect data from California residents and have certain revenue thresholds or data collection criteria.

· General Data Protection Regulation (GDPR) – If you collect data from European Union (EU) residents, you may need to comply with GDPR, even if your service is based in the U.S.

· Americans with Disabilities Act (ADA) – Ensure your website or service is accessible to individuals with disabilities.

1. Acceptance of Terms

By accessing or using [Your Service Name], you agree to comply with and be bound by these Terms of Service (the "Agreement"). If you do not agree to these terms, you may not use the service.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time. Changes will be posted on this page, and the updated Terms will take effect as soon as they are posted. It is your responsibility to review these Terms periodically.

3. User Obligations

You agree to:

Provide accurate, current, and complete information when registering or using our service.
Maintain the security of your account and password.
Comply with all applicable laws and regulations, including intellectual property laws and the DMCA.

4. User Content

You retain ownership of any content you upload or submit to our service ("User Content"), but you grant us a license to use, modify, and distribute it in connection with providing our services.

You must ensure that you have all necessary rights to the content you upload and that your content does not infringe on the rights of others.
You may not upload or post content that is obscene, defamatory, or otherwise violates applicable laws.

5. Copyright Policy (DMCA)

We respect the intellectual property rights of others. If you believe your work has been infringed upon, please send a notice to our designated copyright agent at [contact details]. For more information, see our [DMCA Takedown Policy].

6. Privacy

Your use of the service is also governed by our Privacy Policy, which can be found at [link to Privacy Policy]. This policy explains how we collect, use, and protect your personal information.

7. Prohibited Activities

You may not:

Engage in activities that could damage, disable, or overburden our infrastructure.
Attempt to gain unauthorized access to our systems or accounts.
Violate any local, state, or federal laws while using our service.

8. Termination

We may suspend or terminate your account if you violate these Terms or if we determine, at our sole discretion, that you are engaging in inappropriate behavior.

9. Disclaimer of Warranties

Our service is provided "as is" without any warranties or guarantees of any kind, either express or implied. We do not guarantee that the service will be free of errors, interruptions, or security breaches.

10. Governing Law

These Terms will be governed by the laws of the State of [Your State], without regard to its conflict of law principles. Any disputes will be resolved in the appropriate courts in [Your State].

Compliance with Specific Regulations:

For COPPA Compliance (if you collect data from children under 13):

Include a statement such as: "We do not knowingly collect personal information from children under the age of 13. If we discover that we have collected such information, we will take steps to delete it immediately."

For CCPA Compliance (if applicable to California residents):

Include the following:

"Do Not Sell My Personal Information" link, if applicable.
Disclosure of data rights (e.g., right to delete, right to opt-out of sales).

Thailand

PDPA, etc etc

Data Protection: Adhere to the PDPA for managing personal data responsibly and securely.
Cybersecurity: Implement adequate cybersecurity measures and report any incidents as required by the Cybersecurity Act.
Consumer Protection: Ensure that business practices, advertising, and e-commerce comply with the Consumer Protection Act and related regulations.
Content Regulations: Monitor and manage content on online platforms to avoid violating the Computer Crime Act or other content-related laws.
E-Commerce Compliance: Follow the rules under the Electronic Transactions Act to ensure your online transactions and digital signatures are legally valid.

Existing examples

https://www.newsflare.com/about/terms
Others

Terms

These Terms of Service ("Agreement") govern your access to and use of the ViralPress platform ("Platform"), which provides a marketplace for the licensing of video clips and other content ("Content"). By accessing or using the Platform and associated services ("Services"), you agree to be bound by these Terms of Service, as well as any additional terms, policies, or agreements that may apply to specific features, products, or services offered by ViralPress. In the case of Content Providers, these Terms of Service are supplemented by any additional Deal Terms agreed to between ViralPress and the Content Provider.

1. Interpretation

The following definitions and interpretations apply to these Terms of Service:

· "Agreement" means these Terms of Service, including any amendments or updates to these terms, and any additional Deal Terms agreed to by Content Providers.

· "Content" refers to any video clips, images, audio, or other media uploaded by Users or Content Providers to the Platform for the purpose of licensing or distribution.

· "Content Provider" refers to a User who provides Content for licensing through the Platform, and who may also have additional contractual arrangements with ViralPress under separate Deal Terms.

· "Deal Terms" refers to specific terms, conditions, and agreements between ViralPress and Content Providers that govern the licensing and distribution of Content. These Deal Terms supplement these Terms of Service and are specific to Content Providers.

· "Platform" refers to the digital marketplace and associated services provided by ViralPress for the upload, licensing, and distribution of Content.

· "Services" refers to the tools, features, and resources provided by ViralPress through the Platform, including but not limited to Content licensing, content management, payment processing, and communication features.

· "User(s)" refers to any individual or entity that accesses or uses the Platform, whether to upload, license, or access Content. This includes both Content Providers and other users who access the Content for licensing purposes.

· "License" refers to the rights granted to Users by Content Providers or ViralPress to use Content under specific terms and conditions, including but not limited to scope, territory, duration, and any financial or royalty arrangements.

· "Upload" refers to the act of submitting Content to the Platform for storage, display, or licensing.

· "Revenue Share" refers to the proportion of licensing fees or income derived from Content licenses that is paid to the Content Provider or other rights holder, as specified in the Deal Terms.

2. Accepting the Terms

By using the Platform, you agree to be bound by these Terms of Service. If you do not agree to these terms, you should not use the Platform. ViralPress reserves the right to update these Terms of Service at any time. We will notify you of any material changes, and continued use of the Platform after such changes constitutes your acceptance of the revised terms.

3. Termination and Suspension

· Termination by User: You may terminate your use of the Platform at any time by discontinuing access to the Services. Termination of your account does not relieve you of any obligations incurred prior to the termination.

· Termination by ViralPress: ViralPress may suspend or terminate your access to the Platform at any time, for any reason, including violation of these Terms of Service, illegal activity, or any behavior that disrupts the operation of the Platform. Upon termination, all licenses granted to you will be revoked, and you must immediately cease using the Platform.

4. DMCA Copyright Infringement and Takedown Procedures

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed upon, you may file a DMCA takedown notice with us.

Repeat Infringers

In accordance with the DMCA, we will terminate the accounts of users who are repeat infringers of copyright. We may also suspend or terminate access to our Service for any user who repeatedly infringes on the intellectual property rights of others.

Limitations of Liability for DMCA Takedown and Counter-Notices

Please note that we are not responsible for any loss, damage, or harm that may result from the submission of a DMCA Takedown Notice or Counter-Notice, including any legal claims arising from such notices. You agree to indemnify and hold us harmless from any claims related to the takedown and counter-notification process.

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Content Policy

Effective Date: [Insert Date]

Welcome to ViralPress (“we,” “our,” “us”). Our goal is to provide a safe and enjoyable experience for all users. By using our platform, you agree to comply with our Content Policy, which outlines the types of content that are prohibited and sets expectations for how content is handled.

Prohibited Content

We do not allow the following types of content on our platform:

1. Illegal Content

Content that violates any law or regulation.
Content that facilitates illegal activities, including fraud, hacking, or piracy.

2. Hate Speech & Discrimination

Content that promotes hate speech, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, or disability.

3. Harassment & Bullying

Content that harasses, intimidates, or threatens others.
Content that includes insults, personal attacks, or defamatory statements.

4. Pornographic & Explicit Content

Content that includes pornography, explicit materials, or nudity (unless educational or artistic in nature).
Content that promotes sexual exploitation or objectifies individuals.

5. Violence & Graphic Content

Content that promotes or depicts violence, harm, or injury.
Content that encourages self-harm or suicide.

6. Malicious Content

Content that contains malware, viruses, or other harmful software.
Content designed to mislead or manipulate users, such as fake news or phishing attempts.

7. Impersonation & Fraud

Content that impersonates others or misrepresents affiliations.
Content used for scams, fraud, or deceitful activities.

8. Spam & Unsolicited Commercial Content

Content that engages in spamming, including unsolicited advertising or promotions.
Content that promotes irrelevant or low-quality products/services.

9. Copyright Infringement

Content that infringes on the copyrights, trademarks, or intellectual property rights of others.

User Responsibilities

As a user, you agree to:

Follow the rules: Ensure all content you upload or share complies with this Content Policy.
Respect others: Do not engage in illegal, abusive, or disruptive activities.
Report violations: Use the reporting tools to flag any inappropriate content you encounter.

Content Moderation & Enforcement

We actively moderate content to ensure compliance with our policies. If you violate this Content Policy, we may take the following actions:

1. Content Removal

We may remove or disable access to content that violates this policy.

2. Account Suspension or Termination

If you repeatedly violate this policy, we may suspend or permanently terminate your account.

3. Reporting Violations

If you see content that violates this policy, report it to us using the Report feature or by contacting our support team.

Changes to the Content Policy

We may update this Content Policy from time to time. When changes are made, we will post the updated policy on this page with a new "Effective Date." By continuing to use the platform, you agree to the updated policy.

Contact Us

If you have any questions or concerns about this Content Policy, please contact us at contact@viralpress.com .