VIMOOZ provides a marketplace where filmmakers, film festivals and others (filmmakers/sellers) can connect with an audience to offer goods and services for sale within the United States.
Filmmaker warrants and represents that Filmmaker owns the rights to so use such Name and Likeness and that the use of same will not infringe upon the rights of any Person. Filmmaker shall provide VIMOOZ with documentation satisfactory to VIMOOZ substantiating the foregoing rights; it is expressly understood and agreed that the review by VIMOOZ of the said documents supplied by Filmmaker shall in no way limit the representations and warranties set forth in the Agreement.
Filmmaker shall be entitled to receive a percent of the Gross Receipts generated by the item.
Accountings shall be rendered bi-weekly. Statements and payments shall be rendered on the 16th and 1st within fifteen (15) days after the transaction date of streaming/non-physical goods or fifteen (15) days after the confirmed ship date of physical goods.
(4) Representations & Warranties.
Filmmaker warrants and represents that:
(a) Filmmaker has the full right, power and authority to enter into this Agreement and to grant the rights herein granted.
(b) Neither the film, nor any item for sale – nor any of its contents, nor any other materials or any elements or parts thereof, shall violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any Person, nor shall same constitute a libel or defamation of any Person whatsoever.
(c) There are not now and during the Term there shall be no liens, claims, encumbrances, legal proceedings, restrictions, agreements or understandings which might conflict or interfere with, limit, derogate from, or are inconsistent with or otherwise affect any of the provisions of this Agreement, any of Filmmaker’s representations and warranties contained herein.
(d) Filmmaker is the sole and exclusive owner of the Film and all rights granted hereunder in and to the Film and all literary, dramatic and musical material contained therein and Filmmaker has obtained all licenses and permissions as may be required for the full and unlimited exercise and enjoyment by VIMOOZ of all of the rights granted to VIMOOZ. Filmmaker may be requested to supply to VIMOOZ all chain‑of‑title documents regarding literary, dramatic and musical material, and any other material contained in the Film. It is expressly understood and agreed that the review by VIMOOZ of the said documents supplied by Filmmaker shall in no way limit the warranties contained in this clause.
(e) All persons and entities connected with the production of the Film, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Film or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Film and the rights herein granted to VIMOOZ in connection therewith, including, without limitation, with respect to the Additional Materials.
(f) All obligations with respect to the Film, and its production, distribution and exploitation, including but not limited to all salaries, royalties, license fees, service charges, laboratory charges and the like, shall have been or will be fully paid by Filmmaker. Except for royalties payable to Filmmaker hereunder, VIMOOZ shall have no obligation for past, current or future salaries, royalties, residuals, deferments, license fees, service charges, laboratory charges or similar payments. All fees, payments, costs and charges, including, without limitation, all fees, payments, costs, charges or payments to any producer, director, writer, actor, composer, musician or any other Person who performed services or furnished material in connection with the Film, and/or to any guild, union, performing rights society, publisher or owner of master recordings arising by reason of the exercise by VIMOOZ of any of the rights granted to it hereunder shall be Filmmaker’s responsibility and shall, under no circumstances, be the responsibility of VIMOOZ.
(g) All necessary synchronization, public performance and other licenses for the use of any musical compositions throughout the Territory on the Videos embodying the Film and the exploitation by VIMOOZ of its other rights herein have been obtained from the copyright owners. All monies payable under such licenses or otherwise by reason of such uses have been or will be paid by Filmmaker.
(h) In the production of the Film, all laws, statutes, ordinances, rules and regulations of each country, state, city or other political entity having jurisdiction have been or shall be satisfied, as well as rules, regulations and requirements of any union or guild having jurisdiction.
(i) The Film (including all elements thereof) is not in the public domain, and the Film has been validly registered for copyright. The Film as delivered will contain all proper copyright notices required or permitted for protection of the Film under the U.S. Copyright Act and the Universal Copyright Convention.
Filmmaker will at all times indemnify and hold harmless VIMOOZ and its officers, employees, licensees, related companies, subs and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to any breach or alleged breach of any warranty, representation, covenant or agreement made by Filmmaker in this Agreement or any other act or omission by Filmmaker inconsistent with the provisions hereof. In the event of any such claim, VIMOOZ will have the right in addition to its other rights and remedies, to withhold monies which would otherwise be payable to Filmmaker under this Agreement in an amount not in excess of Filmmaker’s potential liability to VIMOOZ under this paragraph.
Filmmaker shall own all right, title and interest, under copyright and otherwise, in and to the Materials delivered to VIMOOZ by Filmmaker. VIMOOZ shall own all right, title and interest, under copyright and otherwise, in and to the Materials created and/or sourced by VIMOOZ.
This Agreement has been entered into in the state of New York, and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the state of New York applicable to contracts entered into and performed entirely within the state of New York. Any dispute or controversy between the parties which the parties are unable to resolve for themselves shall be subject to arbitration in New York County, the State of New York.
(8) Refunds, Returns & Cancellations
When you sell on VIMOOZ, you agree to be bound by all of our policies including our Return & Exchange Policy.
You are required to have the physical items on hand and available to ship within 2 days.
Mark the order as shipped when you ship it. When you mark an order as shipped, the buyer will receive a notification.
You can’t fulfill an order or part of an order.
If you are unable to ship within this time, or for any other reason, please notify us immediately.
We will notify the buyer that the item is unavailable or will take a bit longer, and/or Refund the buyer.
The customer doesn’t receive your order.
Our customer service will work with the buyer to reach a mutually agreeable solution
We will first ask the buyer to wait a bit longer for their order to arrive.
Request Filmmaker to re-ship a new item at Filmmaker’s cost, or Refund the buyer.
If the customer files a credit card chargeback
Customers can file a chargeback with their credit card company at any time, from one day after the transaction has taken place to months later. Filmmakers share in the responsibility for chargebacks up to but not exceeding their royalty portion.
A credit of at least 1 purchase may be held in your account to offset any future returns.
Refund(s) may also be debited from future payments.
We may in our discretion change these Terms and Conditions, VIMOOZ’s Conditions of Use and/or its Privacy Notice at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions.
YOUR CONTINUED USE of VIMOOZ.COM OR RELATED SITES AFTER WE CHANGE THESE TERMS AND CONDITIONS, VIMOOZ’S CONDITIONS OF USE AND/OR ITS PRIVACY NOTICE CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.