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mediaCastpro.

General Conditions - Terms of Use

Edition 2022-11-22

1. Foreword

This document constitutes the regulations of the Platform and establishes the rights and responsibilities of the User when using the services offered. By using our services or even just browsing the Website, the User agrees to comply with these Conditions in relation to the use of the Platform.

2. Scope of application

2.1. The site www.mediacastpro.net is a technological platform (hereinafter also "Platform" or "service"), designed and operated by the company netMtech srl, in the person of the legal representative pro tempore based in Genoa in Via Montevideo 7/1A, VAT 02773520990, email info@netmtech.net (hereinafter also "Manager" or "Owner"), through which it intends to achieve the meeting between supply and demand between professional operators (B2B) who operate in the creation and distribution of audiovisual material and who are interested in the online sale and purchase of video content.
2.2. The aim of the Platform is to facilitate B2B (business to business) commercial transactions, i.e. between professionals and companies in the sector, excluding both transactions between companies and consumers (B2C) and transactions between consumers and consumers (C2C).
The Manager, through the Platform, makes available to buyers and sellers (if together, hereinafter also "Users" or "Professional Operators") a show-windows service, i.e. a portal-window within which interested Users may, respectively, buy or sell the material they are interested in. The Manager reserves the right to arbitrarily choose and display the previews of the uploaded material and related metadata for promotional purposes without prior information or authorization from the Seller.
2.3. As a mere Manager/Owner of the Platform, the company netMtech is not a party to the contract of sale between the professionals.
2.4. These conditions apply only in the event that the negotiation between Users takes place within the Platform and in the manner described, while they do not apply to relationships that have arisen or will arise in ways other than those indicated or, in any case, outside of the Platform managed by the company.
2.5. The graphic properties and functionalities of the site mediaCastpro are owned by netMtech srl; some images and icons used are owned by third parties who have allowed their use.
2.6. Regarding the territorial scope, the service is aimed at the market of the countries listed in the Platform.
2.7. Using the Platform in one language implies entering information in the same language.

3. Registration - Profile creation

3.1. Registration to the site is free of charge. In order to view the material contained in the Platform and possibly proceed with the sale or purchase, it is necessary to create an account and a profile. The account identifies, by means of the username and password, the physical person requesting access to the site; the profile identifies the entity, company or freelancer, on whose behalf the physical person is authorized to operate. Each profile is immediately enabled to purchase and may subsequently be enabled to sell by providing additional data and documentation. Each person has the ability to create a single account, but it is possible to create multiple profiles for the same account, as long as they are related to different entities.
In the event that two different accounts create two profiles relating to the same company, these profiles, for the Platform, will to all intents and purposes be different profiles, each with its own authorizations, purchases and sales.
3.2. The User who registers with the Platform and creates an account and one or more profiles guarantees the truthfulness and correctness of the data entered, assuming all responsibility for it.
The data required to log in (username and password) must be kept with care, are strictly personal and must not be given to anyone, persons or bots. The password must not be used for other accounts on other platforms and social networks.
3.3. Authorized "guest" accounts are available exclusively at the discretion of the Manager. These accounts only allow the viewing of videos in order to assess the opportunity to proceed later with the registration and creation of an account and related profiles.
3.4. The User is responsible for any improper activity that may occur on the site, due to the lack of confidentiality of the password. The Manager assumes no responsibility towards Users for any damages that may result from unauthorized access - by third parties - to the Platform.

4. Connection to the Platform

4.1. Connection to the Platform takes place via access to the telematics network, through the connection to the website. This connection, except for maintenance operations (see point 4.3), is operational every day of the week, for 24 hours a day. In order to correctly view the pages of the site, a valid internet connection and the use of a modern desktop browser updated to the latest version such as Chrome (preferred), Firefox, Opera, Edge or Safari are required; off-line access is not permitted.
4.2. If the User does not have the minimum configuration, the Manager will not guarantee proper access to the Platform and its services and will not be liable for any direct or indirect, incidental or consequential damages, including loss of earnings, loss of business opportunities and anything else that may arise for the User as a result of not having the required minimum configuration.
4.3. The performance of maintenance operations and/or updates to the site, which will prevent the connection, may occur indicatively between 22:00 (Rome time) on Sunday and 02:00 (Rome time) on Monday.
In any case no type of damage, actual or potential, can be requested from netMtech srl for the failure to connect to the site for reasons of updating and/or maintenance, both for reasons of extraordinary interventions.
4.4. Within the Platform, the default format of dates is YYYY-MM-DD and the time zone in which times are shown is automatically determined based on the User's state of residence, however, both can be changed at any time from the "Account" page. Within the Platform, unless otherwise specified, all prices are shown in the default currency of the profile, excluding VAT and taxes, using the dot as a decimal separator.
4.5. Professional operators undertake to operate within the Platform according to high standards of fairness, good faith and professionalism.
4.6. The Service allows the use of automatic translators to translate the descriptions of the videos uploaded, in this regard the Manager declines any responsibility for inaccurate and/or incomplete translations and no blame can be attributed to the seller.

5. Enabling the profile for sale

5.1. The User who wishes to sell the video material on the Platform may do so after enabling the profile for sale. This qualification requires the entry of certain data and the creation of an account on the payment platform "Stripe", managed by the company of the same name. For the creation of such an account, the User will be automatically redirected to Stripe's website, where additional data and even the uploading of certain documents related to the company, its executives or its business may be required.
5.2. Any request made to the User by Stripe is not managed or controlled by the Platform or the Manager. The activation of the account on Stripe, which is essential to enable the User to sell on the Platform, is done according to the unquestionable judgment of Stripe and the Platform or the Manager cannot in any way intervene in this decision-making process.
The conditions of use of Stripe, which the Seller will be required to accept, can be consulted at the Stripe website at the following address: https://stripe.com/legal/connect-account.
For further information on the processing of data pertaining exclusively to Stripe, please consult the following link: https://stripe.com/privacy#personal-data-we-collect.
5.3. The User who has enabled the sales profile and created a Stripe account will not however be able to access his/her Stripe account directly, but will only be able to do so through the use of the Platform. If the User needs to update or rectify any of the data communicated to Stripe, the User may proceed through the "Profiles" page by clicking on the "Update" or "Validate" button, and will then be redirected back to the Stripe website.
5.4. Stripe and the Platform, in certain instances, may exchange certain User profile data, including but not limited to: company name, first name, last name, email, date of birth, state, province, city, zip code, address, IBAN, bank account number, bank account routing number and VAT number, in order to achieve proper alignment between the two systems. From time to time, Stripe may request additional or updated data, in which case the User will be notified by email, and the missing data may be entered using the procedure described above from the "Profiles" page.
5.5. Each Seller can use 100 GB of free space for uploading files. Any additional space can be purchased from the "Optional" page.
5.6. The User who has enabled the profile to sell, by flagging "Enable for sale", if he/she no longer intends to sell, but only to buy, may ask the Manager to delete his/her account on Stripe, since unflagging the box "Enable for sale" does not allow the deletion of the account on Stripe. The account on Stripe is only automatically deleted if the relevant profile on the Platform is deleted.

6. Modalities of sale - Guarantees and responsibilities of the Seller

6.1. Once the profile has been enabled for sale, the User can upload the video files he/she wishes to sell using the "Upload" function of the Platform. During the upload procedure, the User must select the files and complete the forms relating to descriptions, technical characteristics, licenses and sale prices.
Alternatively, the User can upload the files via FTP (File Transfer Protocol) using the parameters that can be consulted on the "Upload" page and his/her password for access to the Platform. If the User opts for uploading via FTP, within 72 hours the User is still required to access the Platform and invoke the "Upload" function in order to select the files uploaded via FTP and proceed to enter the descriptive and technical data relating to licenses and sales prices.
6.2. The files that make up the shoot must be the same in format, codec, frame rate, etc. The files must come from a suitable camera or computer for skimming/checking functions, but the files must remain as similar as possible to how the camera generated them.
6.3. It is forbidden to use the FTP server to station files not intended for sale on the Platform. Files uploaded via FTP and not offered for sale within 72 hours may be deleted by the Manager at any time and without notice.
6.4. By uploading a video, the Seller authorizes the Manager and the Platform to publish and offer for sale the material uploaded.
6.5. The selling price chosen by the Seller for the whole video, as well as that for the single clip, must be between € 5.00 and € 100000.00, if indicated in euros, or between the corresponding countervalues, if indicated in another currency.
6.6. The Platform has been designed to accept most possible audio, video and container formats, but compatibility with any format the Seller tries to upload is not guaranteed. It is therefore possible that the files uploaded by the Seller are not correctly recognized by the Platform. In this case, an informative email will be sent to the User. Files whose type is not recognized, as well as those uploaded only partially (for example due to disconnections or voluntary interruptions of the upload by the User) will be permanently deleted by the Manager within 96 hours.
6.7. The Seller guarantees the correctness of the descriptions and technical data entered when uploading the video content and will be solely responsible to the Buyer for any mismatch between what he/she stated and the actual technical characteristics or the actual content of the videos sold.
6.8. The Manager will not be obliged to carry out any prior check on the truthfulness and correctness of the information entered. In no case the Manager will be, for any reason and towards anyone, responsible for the inaccuracy of the technical data entered or for false, incomplete or no longer true statements made by the Seller regarding the description or technical characteristics of the videos.
6.9. The Manager will generate a preview of the uploaded material with "watermark" and will inform the Seller by e-mail as soon as the clips are offered for sale.
6.10. At the end of the sale, the Seller will receive a confirmation e-mail, containing the Buyer's data, his/her e-mail address, the clips purchased and the amounts paid.
The Buyer's and transaction data will also be available from the site after the following steps:
  • Click on the "Account" tab
  • Click on "Sales Orders"
  • Select month and year of interest
  • Browse the list of sales orders
6.11. In the event that a sale involves a Buyer and/or a Seller who does not use the euro as a currency, the Platform takes charge of the appropriate conversions, ensuring that the Buyer pays in his/her currency, the Platform Manager receives commissions in euro, and the Seller receives compensation in his/her currency. Specifically, the Platform calculates the amount due in the Buyer's currency by applying the latest exchange rate available from the Bank of Italy and then delegating to Stripe the conversion into euro and then into the Seller's currency for the portion due to him/her. This procedure, because of fluctuations in the exchange rate and because of the misalignment that may exist between the exchange rates used by Stripe and those obtained from the Bank of Italy, may result in the Seller receiving slightly higher or slightly lower amounts than expected based on the prices chosen when uploading the videos. The Seller accepts this risk and agrees that it has no recourse against the Manager in this regard.
6.12. Each video put up for sale by the Seller remains for sale on the Platform indefinitely until one of the following circumstances occurs:
  • the Seller requests its removal, by clicking on the appropriate "Delete" link on the video sale page;
  • the Manager removes the video in the cases provided for by these Conditions;
  • the video is sold under an exclusive or semi-exclusive license to a Buyer.
In the event of any of the above circumstances occurring, the video will no longer be available for purchase and no one, other than the Seller and any Buyers, will be able to view the preview. However, the Platform reserves the right, if permitted by law, to keep the files stored for up to 45 (forty-five) days, in order to allow Users-Buyers to download files that they may have purchased before the prohibition to sell, to allow access to the files by the Authorities in case of disputes or alleged violations of these Conditions, to detect any fraud consisting in the re-uploading of files that are not allowed, or to be able to exceptionally recover files mistakenly deleted at the request of the User.

7. Sales Licenses

7.1. The sales licenses adopted by the Platform are composed of two features, one of "use of content" and one of "distribution of content".
  • The "use of content" feature defines how the videos can be used by buyers and allows for two possibilities:
    • Editorial license: with this license the video material can be used for documentary, informational, educational or news purposes.
    • Commercial license: with this license, video material may be used to market, promote, sell or advertise a product, service or business. To enable this license, it is necessary to comply with applicable regulations, which include, for example:
      • Authorization/release of any person recognizable in the images.
      • Property releases, if applicable, for private property and artwork.
      • No infringement of intellectual property.
      • Non-visibility of logos, trademarks, corporate names.
    Editorial license is always available for all content for sale, while commercial license is optional and, if applicable, must be indicated by the seller when uploading videos. If a video footage is offered for sale with both licenses, the buyer is not required to choose one of them at the time of purchase, but can freely choose each time which one to apply for each use he/she will make of the images.
  • The "content distribution" feature defines to whom the videos can be sold and therefore their degree of uniqueness, and allows for two possibilities:
    • Standard license: this license allows to sell all or parts of the video footage to multiple buyers.
    • Exclusive license: this license allows to sell the whole video footage only to one buyer. The seller enabling the exclusive license on one of his/her contents guarantees:
      • to be the sole owner of the video footage in question and never to have transferred it to third parties, not even partially;
      • not to give the video footage, or parts of it, to third parties as long as it is for sale on the Platform;
      • that, once the sale has taken place with an exclusive license, he/she agrees to delete the video footage in his/her possession and not to transfer it to others, not even partially.
    In the event that the seller enables both licenses (standard and exclusive) on the same video footage, the buyer will choose the one he/she prefers at the time of purchase. In this case:
    • if the first sale is made with an exclusive license, the video footage will no longer be available for further purchases and the buyer will become the sole owner of the video material;
    • if the first sale is made under a standard license, the possibility of further purchases under an exclusive license will be inhibited. However, future purchasers will be allowed to select a special semi-exclusive license as an alternative to the standard license. In the case of a semi-exclusive license, the video footage will no longer be available for further purchase, but the semi-exclusive licensee is aware that other users may have already purchased those images in the past and may therefore have the right to use them. As in the case of exclusive sales, also in the case of semi-exclusive sales, the seller is obliged to delete the clips and not to sell them to others.
7.2. Purchased video footage may be resold or transferred to third parties by the purchaser, either within the Platform (after re-uploading) or outside it, only if purchased under an exclusive or semi-exclusive license. In the case of purchase under a standard license, content cannot be resold or transferred to third parties, as purchased, by the buyer, either inside or outside the Platform. However, resale and transfer to third parties of finished video projects that include the purchased video footage or part of it are permitted.

8. Guarantees and responsibilities relative to the contents uploaded by the Seller (disclaimer)

8.1. For each video uploaded to the Platform, the Seller declares and guarantees:
  • that he/she owns all necessary ownership and copyrights;
  • that all clips of the uploaded video comply with the requirements for the selected Editorial License or Commercial License indicated in point 7.1;
  • that the uploaded content does not violate the rights of third parties, including intellectual property rights or rights related to the image and privacy and data protection of the portrayed subjects;
  • that, for the persons portrayed and identifiable, the Seller has obtained signed release, in the cases provided for by law;
  • that the videos do not have pornographic, defamatory, illegal, discriminatory or immoral content, also in relation to minors;
  • that, if minors are filmed in the videos, in the absence of appropriate releases issued by parents or legal guardians, they will be made unrecognizable by means of appropriate blurring techniques;
  • that with the upload of the video he/she authorizes the company netMtech to publish, transmit and disseminate, communicate, modify (limited to transcoding, resizing and insertion of watermarks or other technological protection measures) and archive (suspension and deletion in the cases provided for), granting the company the rights of economic exploitation;
  • that the Manager shall not have the burden or obligation to request and obtain licenses/releases from third parties regarding the video content uploaded by the Seller.
8.2. The Manager of the platform, following the receipt of communications from third parties about possible unlawfulness of the video content or infringements of copyright, image rights, privacy rights and data protection regarding the ownership of the video and the portrayed subjects, reserves the right to suspend the sale, obscuring the video or removing the content. The Seller will be held responsible for any ascertained violation concerning the content of the uploaded video.
8.3. In the event that notices of illegality are provided by judicial or administrative authorities, the Platform Manager, in compliance with the notices received, will obscure the video or remove the files.
8.4. As a result of the above, no claim for damages can be made against netMtech srl for the obscuration and removal of the video material with consequent suspension and/or cancellation of the sale.
8.5. It will be the responsibility of the Seller to report through the appropriate form the presence of videos containing strong images that may offend the sensitivity of the User.
8.6. The uploaded videos are sold with "Editorial License" (for example: news/documentary/informative facts). If they are sold to be used for commercial purposes, the Seller, by explicitly enabling the "Commercial License", guarantees that the video and all the clips of which it is composed meets all the requirements for commercial use. If the Seller is in possession of authorizations/releases relating to images depicting people, trademarks or logos, works of art in the clips and video will be his/her responsibility to upload them, when requested by the Platform, so that they can be downloaded by buyers.

9. Modalities of purchase and responsibility of the purchaser

9.1. The Buyer, after having chosen the material of his/her interest and the license among those available, will be able to insert the material in the "cart".
9.2. It is the Buyer's responsibility to make sure that the contents of the videos that are about to be purchased, visible thanks to the previews, correspond with what is desired, regardless of any errors or inaccuracies in their description. Therefore, the Buyer waives any claim for refunds or damages, either against the Manager or against the Seller, in the event that the clips purchased have contents that do not correspond to the published metadata and such inconsistency was already apparent in the preview viewable prior to purchase.
9.3. The contents of the cart are divided by each Seller. Videos or clips purchased from different Sellers will be inserted in different orders with consequent separation of the payment phase of the relative amounts.
At the end of the choice of the material of interest, the Buyer, after verifying that the content of the "cart" corresponds to what has been decided to purchase, will be able to proceed, for each order, with the payment of the amount due.
9.4. It will not be possible to finalize purchase orders that have a total amount, excluding VAT and taxes, of less than € 5.00 or the corresponding equivalent value in the currency of the order.
9.5. The netMtech company, for the management and processing of the payments related to the purchases made, uses the payment platform managed by the Stripe company (see point 5 of these Conditions). The payment of the video material that the User intends to purchase may be made by debit or credit card. The positive outcome of the payment, confirmed by a pop-up window, will indicate the conclusion of the sales contract. At the end of the payment, the Buyer will have 30 days to download the files (video and any releases), after which access to the files will be inhibited.
9.6. In order to download the purchased files, the User can use the appropriate links on the "Purchased Media" page or use the FTP server using the parameters described on the same page. If the User wishes, he/she can, from the "Profiles" page, enable the download of purchased files through "external downloaders". This option, which applies to all the files already purchased or that will be purchased in the future, allows the download links, accessible from the "Purchased Media" page, to work even from external or internal browser programs that do not have an active session on the Platform. This setting reduces the security of the profile and should only be activated if it is really necessary.
9.7. Within 7 (seven) days after the sale, the Platform Manager will send the relevant invoice to the Buyer by e-mail.
9.8. It is the Buyer's responsibility to respect the regulations in force in the use he/she intends to make of the purchased images.

10. Payment of the consideration and sales commission

10.1. For each User-Seller profile that has made at least one sale during an Italian calendar month, the Platform Manager will, by day 3 (three) of the following month, calculate the amount due to the Seller for all sales that took place in the previous month and publish this amount on the "Balance / Bank Transfers" page.
10.2. The amount due to Seller is calculated by summing all net amounts (i.e. exclusive of VAT and taxes) paid by Buyers for his/her clips, each of which is preliminarily reduced by the sales commissions agreed with the Seller. In the absence of a specific agreement, sales commissions are 25% for Sellers in the euro zone and 30% for Sellers outside the euro zone. All exchange rates that may be involved, from Buyer's currency to the euro and from the euro to Seller's currency, are determined by Stripe at the time the transaction is made.
10.3. Within 10 (ten) days after the amount due is posted, the Seller shall issue an invoice for that amount to the Platform Manager and submit it using the appropriate form on the "Balance / Bank Transfers" page.
10.4. Upon receipt of the invoice from the Seller, the Manager will, within 7 (seven) days, make a transfer to the Seller for the balance of the invoice.
10.5. If the Seller is a non-resident of Italy, no tax or withholding shall be applied in the invoice sent to the Manager, and the amount due shall be exactly equal to the amount due as published on the "Balance / Bank Transfers" page. Any implications of taxation shall be borne by the Seller.
10.6. If the Seller is resident in Italy, the amount due published on the "Balance / Bank Transfers" page is to be considered as the taxable amount, on which a VAT rate and/or withholding, if necessary, may be applied and reported on the invoice. The bank transfer issued by the Manager in favor of the Seller will take into account these amounts and may therefore be higher or lower than the amount published on the "Balance / Bank Transfers" page.
10.7. If the Seller is resident in Italy and intends to apply INPS recoupment to invoices issued to the Manager, it may do so provided that it reduces the taxable amount on the invoice until that amount added to the INPS recoupment amount equals the amount due as published on the "Balance / Bank Transfers" page.

11. Conclusion of contract and withdrawal

11.1. The sale contract with the Seller shall be considered completed only after the payment has been successfully verified. If for any reason the payment is not successful (e.g. due to lack of coverage, incorrect credit card number or reaching the credit card limit), the contract shall not be considered valid and shall not produce its effects.
11.2. Once the contract has been concluded, it is not possible to cancel it or to request a full or partial refund.
11.3. It is not possible to withdraw from the contract for the purchase of digital content via a non-material medium once the download has begun. Only if the files have never been downloaded by the Buyer, not even partially, the latter may submit, within 2 (two) working days from the conclusion of the sales contract, a request for cancellation of the order to the Platform Manager. The Platform Manager, having carried out the necessary checks, will proceed with the cancellation of the order and the simultaneous refund. In this case, the Seller will not have the right to oppose this procedure. In the event of repeated requests for cancellation of orders, the Manager may temporarily or permanently suspend the User's access to the Platform or refuse to carry out any subsequent order cancellation request.
11.4. Any complaints about possible defects in the video or inconsistencies with what is described by the Seller on the sales page must be addressed exclusively to the Seller. No complaint in this regard may be addressed to the Manager.
11.5. Once the contract is concluded, an email is sent to the Buyer and one to the Seller containing the data of the order and of the two parties. Both parties, in any case, will have access to all the information regarding the order and the conditions applied by accessing the Platform with their own credentials, and will be able to check the status of the order.

12. Removal of DRM - Digital Rights Management

12.1. It is expressly forbidden to circumvent or remove, or any attempt to circumvent or remove, the technological measures applied by the Manager on the videos (such as watermarks), following their upload, in order to make them protected, identifiable or traceable.
12.2. Any violation of this prohibition will be prosecuted according to law.
12.3. The videos, once purchased, can be downloaded without the technological measures mentioned above.

13. Subscriptions to "optional" services

13.1. Subscriptions are provided and made available to all Users to enable additional features. From the "Optional" page, the User can view all the subscriptions that can be activated with the relative fees, payment methods and characteristics.
13.2. The management of payments for subscriptions is delegated to the Stripe platform.
13.3. The User may activate, modify (if applicable) or deactivate subscriptions at any time from the "Optional" page, with the exclusion of periods during which ordinary or extraordinary maintenance is being carried out, and with the exclusion of the period between 23:00 UTC on the last day of each month and 10:00 UTC on the first day of the following month. During this time period, automatic renewals of subscriptions are processed and no changes can be made.
13.4. All subscriptions are taken out on a non-refundable pre-payment basis, so any cancellations or downgrades will only take effect from the next renewal period.
13.5. Monthly subscriptions are automatically renewed on the first day of the month. Annual subscriptions do not have any renewal and cease automatically after one year from the day of activation.
13.6. The Manager will issue an invoice for the amounts paid for the subscriptions within 7 days of payment of the same.
13.7. In case of automatic renewal, if the payment is not successful, the subscription will be immediately deactivated. It is not advisable to create monthly subscriptions with automatic renewal by relying on credit or debit cards that require authentication for each payment, even if this is a renewal of an existing subscription, as the subscription may be automatically deactivated if the payment of the first renewal fails.
13.8. Upon deactivation of a Subscription, whether explicitly requested by the User or automatic, e.g. as a result of a failed payment, all additional features provided by the Subscription will immediately cease to be usable.
13.9. With the "Corporate" subscription (described under the following link: https://www.mediacastpro.net/optionalmodify?type=corporate) the profile owner can share the profile with other accounts which can be traced back to other people but all work for the same company. In this case the holder of the "Corporate" profile can prevent the creation of other profiles to the holders of the accounts he/she has shared the profile with. At the request of the holder of the "Corporate" profile, the Manager may ban accounts that do not comply with this provision.
13.10. With the "Corporate" subscription, the holder is entitled to ask the Manager if there are other profiles related to the same business.

14. Sorting search results

The Platform allows potential Buyers to search for content uploaded by Sellers, either through free text searches or through searches with additional parameters. The order in which the search results are displayed is calculated by an algorithm that objectively assesses the consistency of each video with what the User is looking for, except for Sellers with an active Premium subscription, which will benefit from a better ranking.

15. Communications to Users

15.1. The Platform will send an email to the User whenever an event occurs that may be of interest to the User, such as, but not limited to, a change of access password, the offering for sale of content or the completion of an order of which the User is a seller or buyer.
15.2. It is up to the User to modify his/her preferences for receiving emails, activating or deactivating the events for which he/she wishes to receive emails. For some events it is not possible to deactivate the sending of e-mails, as they are particularly relevant for security purposes such as, for example, changing the password or e-mail associated with the account or profile.

16. General security obligations

The Manager, the Seller and the Buyer undertake to:
  • to apply to their computer systems and, therefore, to all telematic communications, the procedures and security measures considered appropriate, at the state of technical, computer and telematic knowledge;
  • to avoid the risks of unauthorized access, tampering, delay in recording or processing, destruction and loss of information and/or data transmitted.

17. Use of the Site

17.1. The Users in using the Service offered undertake to:
  • not to violate any provision of applicable law;
  • not to use the Site, the Platform and the Service offered for an illicit purpose or illegal activity or for any commercial or other purpose that is not expressly permitted by these General Conditions;
  • not to use the messaging system for any purpose other than to request and/or exchange information regarding the sale and purchase of audiovisual content;
  • not to perform any act that may damage the image and/or reputation of netMtech srl;
  • not to copy, store or otherwise access or use any information contained in the Site, the Platform or the Contents for purposes not expressly provided for in these Terms and Conditions;
  • not to copy, record, publish or disseminate outside the Platform previews of content uploaded by Users, except with prior permission from the Manager;
  • not to interfere with or damage the Site, the Platform or the Service offered through the use of, but not limited to, viruses, cancelbots, trojans, malicious code, flood pings, denial-of-service attacks, backdoors, IP spoofing, spoofed routing, email address information, or similar methods or technologies;
  • not to use the Site or the Platform with the intent to engage in "spamming" techniques;
  • not to use automatic data extraction or acquisition methods or devices (such as "data mining", "robots", etc.), except as explicitly permitted by the "robots.txt" file for the sole purpose of indexing the site in search engines;
  • not to carry out repeatedly and at very short distance operations that require a considerable amount of resources or that could generate unnecessary data traffic, without any real necessity, such as, purely by way of example, creation of accounts or profiles, creation of orders, login attempts or uploading of videos;
  • not to "reverse engineer" or decompile parts of the site.
17.2. The Users declare and guarantee that all the information provided to the Manager for the purpose of providing the service is accurate, up-to-date, complete and true and will therefore be solely responsible in the event that their statements prove to be false, incomplete or no longer true.
17.3. Users agree to defend, indemnify, and hold harmless netMtech srl from and against any and all claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to their conduct, use of the Site, total or partial violation of the Terms of Use of the Marketplace or any statement or undertaking contained herein, unauthorized use of the Content, or infringement of another person's rights.

18. Notification to netMtech srl of violations - Counter-notification

18.1. If the User should become aware of rights violated by any content, material or illegal activity on the website, or of any activity that violates these Terms, he/she can notify it to the e-mail address support@mediacastpro.net or by using the appropriate form at the following link https://www.mediacastpro.net/messages-and-support?support=1 indicating:
  • a description of the material that violates rights and the directions to find it on the website;
  • the reasons why the User believes that the material infringes rights and the evidence in support of what he/she claims;
  • a description of the activity that violates the Marketplace Terms;
  • a statement that the information contained in the communication is true and correct;
  • the contact details of the person making the report.
The Manager will take the report of an alleged violation and will take the actions it deems appropriate.
18.2. The Manager shall not be liable for claims of intellectual property infringement in connection with the content uploaded by the Seller. All claims and legal actions shall be brought against the Seller.
18.3. In any case the Manager, while waiting for further clarifications and/or information, reserves the right to suspend the sale of the contested video material.
18.4. In case the User believes that the sale of his/her content has been suspended or the uploaded videos have been removed without a justified reason, he/she can send a written counter-notification in the manner indicated above, containing:
  • the identification of the content that has been removed;
  • the reasons and evidence to support the ownership of the rights and the non-violation of any rules;
  • a statement that the information contained in the communication is true and correct;
  • the contact details of the person making the report.

19. Consequences of Breach of these Terms

19.1. Without prejudice to all rights, in the event of a breach of these Conditions, the Manager may, alternatively and at his discretion:
  • send one or more formal notices;
  • temporarily suspend access to the Platform;
  • permanently prohibit access to the Platform;
  • take legal action for breach of contractual obligations.
19.2. The User using the services offered by the Platform agrees to indemnify and hold harmless the Manager from all damages, compensation and expenses (including legal fees) arising from or in connection with any violation of the Conditions herein.

20. Exemption of liability for the Manager

Without prejudice to the Manager's disclaimers set forth in the various sections of these Terms, the Manager shall not be liable in any way to Users, Sellers and Buyers:
  • for any incomplete, false or incorrect statements made by Users;
  • for any commercial or economic loss, including (without limitation) lost profits from unsuccessful business, contracts, or commercial opportunities;
  • for any errors in the manner in which video content is described, including descriptions in video metadata;
  • for any loss, non-conclusion of the buying or selling contact, failure to download the purchased content, resulting from facts and events beyond the reasonable control of the Manager, i.e. resulting from unforeseeable circumstances or force majeure;
  • for any use of the videos contrary to law;
  • for any removal, blocking, dissemination, communication, prohibition of sale/purchase of videos made or ordered by the Judicial Authorities and the Police for the purposes of investigation and prosecution of crimes;
  • for any communication that the Company must make at the request/order of the Judicial Authority or Law Enforcement regarding information on accounts and economic transactions of members.

21. Removal of content by the Manager

The Manager reserves the right to remove content uploaded by Sellers, in addition to the cases already provided for, if one of the following conditions occurs:
  • The User is using more space than he/she has available. Normally the site prevents the User from uploading files when his/her space is exhausted, but there may be situations in which this block can not be applied effectively, for example, if the User makes several simultaneous uploads or if the User activates a subscription to have additional space and then cancels it without removing the content on that additional space.
  • The footage in question does not meet the standards of the Platform including, but not limited to, because the quality is too poor or because the procedure for generating the preview generates a file that is not consistent with the original, which could mislead buyers.
  • Redundancy of topics and/or genres and/or events.
  • Any other reason deemed appropriate by the Manager, subject to prior notice to the Seller.

22. Changes to the functionality of the Platform

netMtech reserves the right to modify, improve and delete the functionality of the Platform at any time, without this entitling the Users to any form of compensation or indemnity for the mere fact that there have been changes and deletions; as far as possible the company will ensure that Users are adequately informed about the changes made to the main functionality of the Platform.

23. Changes to the Terms and Conditions

The Manager reserves the right to update these Conditions at any time. The changes will be effective from the moment they are published, after a transitional period that will be communicated by email.
The use of the Services by the User following the changes constitutes acceptance of the updated Conditions.

24. Termination by the User

24.1. The User may delete the account or profile at any time. Deletion of the account or profile will not affect sales and purchases made previously. Obviously, the user, before the deletion of his/her account or profile, must ensure the fulfillment of contractual obligations assumed (payment of consideration and sending the invoice).
24.2. The User can proceed independently to delete his/her account or profile from the "Account" page. For technical reasons, it is not possible to delete an account via the "Account" page if there are still active profiles associated to it. On the other hand, again for technical reasons, through the "Account" page, it is not possible to delete a profile if at least one of the following conditions is met:
  • the Seller has material for sale;
  • the Seller's balance, which has yet to be transferred by bank transfer to his/her bank account, is greater than zero;
  • the Seller has active subscriptions;
  • the Seller profile is shared by several accounts.
24.3. The User can resolve these issues by logging into the Platform and/or waiting for the technical time (for example, waiting until the 10th of the following month for the balance to be cleared).
24.4. If the User, in the presence of any of the above obstacles, needs to immediately close his/her account or profile, he/she may contact the Platform Administrator who will directly proceed to close the account and/or profile as soon as possible, as per the User's request, taking all necessary actions (e.g. removing content for sale, cancelling subscriptions or making an advance transfer).

25. Applicable Law and Jurisdiction

These General Conditions are governed by and interpreted in accordance with Italian law.
The Parties agree to submit to the exclusive jurisdiction and competence of the Court of Genoa, in relation to any dispute or question that arises against netMtech srl arising from these Terms and Conditions.
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