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WatchMyBit, LLC Terms of Service

Nature of the Service provided by WatchMyBit

For viewers: WatchMyBit allows you to access and pay individual Content Creators for their creative works such as video and audio content as a Pay Per View Service through use of digital payment tokens such as bitcoins. Currently, individual works of audio and video will be available for 24 hours after the payment has been transmitted and recognized on a particular digital payment token’s system. WatchMyBit places no advertising anywhere in the videos however, individual Content Creators are free to place ads in their own creations.

For Content Creators and Agents: WatchMyBit allows you upload content for free and sell it on a Pay Per View model directly to individual viewers. WatchMyBit currently pulls a service fee of 25% of the cost for each view. For example, if you charge viewers 10 cents to watch a particular video, WatchMyBit passes 7.5 cents to you. We never hold your money permanently. The net amount earned is automatically passed through to you at predetermined times (currently every 24 hours at 8am CST). The price charged for access to your content is determined solely by you in the form of digital payment tokens such as bitcoins, but easily displayed as your local currency. Currently, your individual works of audio and video will be available to viewers for 24 hours after their payment has been transmitted and recognized on a particular digital payment token’s system.

The following Terms of Service applies to both Content Creators and viewers (with or without a WatchMyBit account)

1. Your Acceptance

1. By using or visiting the WatchMyBit website or any WatchMyBit products, software, data feeds, and services provided to you on, from, or through the WatchMyBit website or other websites or platforms invented or controlled by WatchMyBit (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) WatchMyBit's Privacy Policy, incorporated herein by reference, and (3) WatchMyBit's Content Guidelines, also incorporated herein by reference. If you do not agree to any of these terms, the WatchMyBit Privacy Policy, or the Content Guidelines, please do not use the Service.
2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. WatchMyBit may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service (Content Creators). “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of WatchMyBit, including but not limited to all products, software and services offered via the WatchMyBit website, such as the WatchMyBit “Split Engine”, WatchMyBit Artist Pages, WatchMyBit Channels, and the WatchMyBit "Embeddable Player” or the WatchMyBit “Paywall”.
2. The Service may contain links to third party websites that are not owned or controlled by WatchMyBit. WatchMyBit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WatchMyBit will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve WatchMyBit from any and all liability arising from your use of any third-party website.
3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. WatchMyBit Account

1. In order to access some features of the Service, you will have to create a WatchMyBit account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WatchMyBit immediately of any breach of security or unauthorized use of your account.
2. Although WatchMyBit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WatchMyBit or others due to such unauthorized use.

4. General Use of the Service—Permissions and Restrictions

WatchMyBit hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

1. You agree not to distribute in any medium any part of the Service or the Content without WatchMyBit's prior written authorization, unless WatchMyBit makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
2. You agree not to alter or modify any part of the Service.
3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means WatchMyBit may designate.
4. You agree not to use the Service for any of the following commercial uses unless you obtain WatchMyBit's prior written approval:
  • the sale of access to the Service;
5. Prohibited commercial uses do not include:
  • uploading an original video to WatchMyBit, or maintaining an original channel on WatchMyBit, to promote your business or artistic enterprise;
  • showing WatchMyBit videos through the Embeddable Player on an ad-enabled blog or website; or
  • any use that WatchMyBit expressly authorizes in writing.
6. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the WatchMyBit website.
7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the WatchMyBit servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, WatchMyBit grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. WatchMyBit reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
8. In your use of the Service, you will comply with all applicable laws.
9. WatchMyBit reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to WatchMyBit by the individual Content Creators, subject to copyright and other intellectual property rights under the laws of their particular governments.
2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by WatchMyBit on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the individual Content Creators or their agents or the respective licensors of the Content. WatchMyBit and its licensors reserve all rights not expressly granted in and to the Service and the Content.
3. You agree not to 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.
4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that WatchMyBit is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WatchMyBit with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless WatchMyBit, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

1. As a WatchMyBit Content Creator you may submit Content to the Service, including video, audio, pictures and text for your Channels, and user comments. You understand that WatchMyBit does not guarantee any confidentiality with respect to any Content you submit.
2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to WatchMyBit all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to WatchMyBit, you hereby grant WatchMyBit a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and WatchMyBit's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video and other content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that WatchMyBit may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant WatchMyBit all of the license rights granted herein.
5. You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
6. WatchMyBit does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and WatchMyBit expressly disclaims any and all liability in connection with Content. WatchMyBit does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and WatchMyBit will remove all Content if properly notified that such Content infringes on another's intellectual property rights. WatchMyBit reserves the right to remove Content without prior notice.

7. Use of Digital Payment Tokens

1. You understand that the use of digital payment tokens such as bitcoins that may be used to pay for Content or collected for offering Content are an independent system of value not maintained or controlled by WatchMyBit.
2. You agree that acquiring, storing, securing, and using digital payment tokens is your sole responsibility.
3. WatchMyBit has no control over the value of any digital payment token; any information about acquiring tokens presented by the Service is not an endorsement of their current or future value and you agree that WatchMyBit is not responsible for any losses or gains you might experience by independently holding any digital payment token.
4. You understand that by employing any third party company, service, software, app, or plugin used to acquire, hold, secure, aid in use and transmit digital payment tokens to WatchMyBit Content Creators or received from viewers through any mechanism found on the Service is a relationship independent from WatchMyBit and WatchMyBit is not liable for any loss of digital payment tokens that might be suffered from the use of any third party products or services.
5. WatchMyBit allows individual Content Creators and their agents to directly accept payment via the current payment method indicated on each paywall prior to purchase. You are NOT making a payment to WatchMyBit, but rather directly to the Content Creator or their agents which may include bitcoins and any other form of payment that we make available to you from time to time.
6. Apart from Service determined minimums and maximums, the price for each piece of content is solely controlled by individual Content Creators or their agents, not WatchMyBit.
7. By using the WatchMyBit Service you agree to pay each Content Creator for their content and if you are a Content Creator, you agree to receive payment in the digital payment tokens the Service offers.
8. You understand that digital payment tokens are a “push” technology like cash and not a “pull” technology like credit cards. This means that after you make a payment to the Content Creator the payment has been sent instantly and irrevocably and WatchMyBit cannot stop, reverse, cancel or refund any payment.
9. Any request for refund should be addressed to the Content Creator, not WatchMyBit unless the error was due to a problem with the WatchMyBit Services.

8. Profile Termination Policy

1. WatchMyBit will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
2. WatchMyBit reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. WatchMyBit may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

9. Digital Millennium Copyright Act

1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing to us or our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. WatchMyBit's designated Copyright Agent to receive notifications of claimed infringement is Doug Scribner, email: copyright@WatchMyBit.com, any other feedback, comments, requests for technical support, and other communications should be directed to WatchMyBit customer service through. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
3. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: WatchMyBit:
  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Minneapolis, MN, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
4. If a counter-notice is received by WatchMyBit’s Copyright Agent, WatchMyBit may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WatchMyBit's sole discretion.

10. Taxes

WatchMyBit is not responsible for any taxable event. Any taxes required to be collected will be the sole responsibility of the Content Creators and individual purchasers of views of videos from Content Creators. WatchMyBit is not required to collect, pay or report any taxes in connection with your sale of your content or purchasing other’s content because WatchMyBit is not making available the content. Additionally, If required by law, you are responsible for reporting and paying certain taxes in connection with your use of digital payment tokens such as bitcoins. Such taxes may include duties, customs fees, capital gains or other taxes (other than income tax), along with any related penalties or interest, as applicable to your collection, use and spending of tokens depending on your country of origin.

11. Refunds

Any dispute or conflict about the nature of the content and/or promises made about the content in the title, description or comments about its length, quality, or substance, should be addressed to the Content Creator unless the content in question conflicts with the WatchMyBit TOS and copyright or other legal issues. If digital payment tokens are lost due a problem with WatchMyBit Services, a refund at the sole discretion of WatchMyBit may be granted.

12. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WATCHMYBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WATCHMYBIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, INCLUDING DIGITAL PAYMENT TOKEN IDENTIFIERS (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES (VI) LOSS OF ANY DIGITAL PAYMENT TOKENS SUCH AS BITCOINS OR ANY OTHER DIGITAL TOKEN DUE TO YOUR MISUNDERSTANDING OR IMPROPER USE OF WATCHMYBIT’S SERVICES SUCH AS SPLITS, THE PAYWALL, BITCOIN OR OTHER TOKEN ADDRESSES, IDENTIFIERS, ALIASES OR ANY OTHER DIGITAL TOKEN TECHNOLOGY AVAILABLE NOW OR MADE AVAILABLE IN THE FUTURE. WATCHMYBIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WATCHMYBIT 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. Limitation of Liability

IN NO EVENT SHALL WATCHMYBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN INCLUDING DIGITAL PAYEMENT TOKEN ADDRESSES, IDENTIFIERS, OR OTHER RELATED INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WATCHMYBIT 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 WatchMyBit from its facilities in the United States of America. WatchMyBit 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 volition and are responsible for compliance with local law.

14. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless WatchMyBit, its parent corporation, its officers, directors, employees, agents and investors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

15. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

16. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WatchMyBit without restriction.

17. General

You agree that: (i) the Service shall be deemed solely based in Minnesota; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over WatchMyBit, either specific or general, in jurisdictions other than Minnesota. These Terms of Service shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. Any claim or dispute between you and WatchMyBit that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hennepin County, Minnesota. These Terms of Service, together with the Privacy Notice and any other legal notices published by WatchMyBit on the Service, shall constitute the entire agreement between you and WatchMyBit concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WatchMyBit's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. WatchMyBit reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WATCHMYBIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: February 22nd, 2014
Revised: July 29th, 2015