What You Need To Know Terms of Service Agreement
Last Updated: August 31st 2019
This What You Need To Know Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between What You Need To Know Ltd. (“What You Need To Know,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). What You Need To Know provides online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable videos (collectively, the “Services”). This Agreement governs your use of our Services.
By creating an account, viewing videos, making a purchase, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, ‘you’ means both the entity and each person who is authorised to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2 Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Stream videos that you have the right to view,
- Embed our embeddable videos on your websites.
The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core vide
Registration: You may create an account to use certain features we offer. To do so, you must provide an email address. You consent to receive notices from What You Need To Know at this email address.
Organisational Accounts: Corporate, governmental, and other organisational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be at least 13 years old to create an account. If you reside in the European Union, you must be at least 16 years old. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian’s permission. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
Team Members: Certain subscription plans may allow you to grant other registered users (“team members”) access to the account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorised activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorised access to your account, you must change your password and notify us immediately.
4 Subscription Plans
Plan Types: We offer free (Basic) memberships and paid subscriptions that allow you to upload and share video content. You may purchase a “Self-Serve” plan (you sign up and pay online) or an “Enterprise” plan (you work with a sales representative and execute an individualised agreement). Advertised prices and features may change.
Basic and Plus Accounts: What You Need To Know Basic (free) members and Plus subscribers may not: (a) use the Services for commercial purposes unless they are film professionals or small film businesses; or (b) submit videos that they did not create or play a material part in creating.
Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee.
Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts.
Lapse Policy: When a subscription ends, the account will, at What You Need To Know’s option, will be deleted. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require What You Need To Know to provide any level of post-subscription account status
5 Acceptable Use Policy
5.1 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity),
- Act in a deceptive manner or impersonate any person or organisation,
- Distribute ‘spam’ in any form or use misleading metadata,
- Access another’s account,
- Engage in any unlawful activity,
- Embed our videos on or provide links to sites that contain prohibited content
- Cause or encourage others to do any of the above.
5.2 Prohibited Technical Measures
You will not:
- Submit any malicious program, script, or code,
- Submit an unreasonable number of requests to our servers, or
- Take any other actions to manipulate, interfere with, or damage our Services.
5.3 Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to the UK’s sanctions programme or are a Specifically Designated National (SDN).
6 Licenses Granted by You
As between you and What You Need To Know, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow What You Need To Know to host and stream your content, you grant What You Need To Know the permissions set forth below.
6.1 Sharing Video Content
- Embed the video on your websites and/or intranets;
- Generate stills (i.e., “thumbnails”) from our video to represent it.
The license period begins when you subscribe to What You Need To Know and ends when you or What You Need To Know delete it.
6.2 Account Profile
You grant What You Need To Know permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of managing your account. You may revoke the foregoing permission by deleting your account.
7 Your Obligations
You will indemnify, defend, and hold harmless What You Need To Know and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from the use of the Services; and allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
8 Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above.
If you breach this Agreement, What You Need To Know may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If What You Need To Know deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).
WHAT YOU NEED TO KNOW Ltd PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHAT YOU NEED TO KNOW Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, What You Need To Know makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device.
10 Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) WHAT YOU NEED TO KNOW Ltd SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) WHAT YOU NEED TO KNOW’S TOTAL LIABILITY TO YOU, EXCEPT FOR WHAT YOU NEED TO KNOW’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO WHAT YOU NEED TO KNOW OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED POUNDS (GB £100), WHICHEVER IS GREATER.
11 General Provisions
Choice of Law: This Agreement will be governed by UK laws, without regard to principles of conflicts of law.
Reservation of Rights, Severability, Force Majeure: What You Need To Know reserves all rights not expressly granted herein. What You Need To Know’s rights and remedies are cumulative. No failure or delay by What You Need To Know in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. What You Need To Know will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and What You Need To Know are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by What You Need To Know or who is prohibited from registering; any such assignment will be void.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorised representatives of What You Need To Know. If you have a signed agreement with What You Need To Know, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
What You Need To Know, Ltd
3 Church Lane
Dorset, BH23 1BS