Terms of Use

Content Upload Terms and Conditions

Last Updated: 13th Nov 2024

These Content Upload Terms and Conditions ("Terms") govern the agreement between the Content Supplier (referred to as "you" or "Content Supplier") and DYNOXE ENTERTAINMENT LLC ("DYNOXE" or "we"). By uploading or exporting any content to the DYNOXE platform, you agree to comply with these Terms.

Please read these Terms carefully before submitting any content to the DYNOXE platform. If you do not agree to these Terms, you may not upload or submit content to the platform.

1. Content Ownership and License

1.1 Ownership of Content
You retain full ownership of all content you upload to the DYNOXE platform, including but not limited to videos, audio, images, scripts, and any associated media ("Content"). By submitting the Content to DYNOXE, you represent and warrant that you are the sole owner of the Content, or that you have obtained all necessary rights and permissions to use, distribute, and exploit the Content on the platform.

1.2 Grant of License to DYNOXE
By uploading Content to DYNOXE, you grant DYNOXE a non-exclusive, worldwide, royalty-free license to:

  • Distribute, stream, display, and promote the Content through the DYNOXE platform.
  • Use the Content for marketing, advertising, and promotional purposes as part of the platform's operations.
  • Sub-license the Content to third parties as necessary to operate the platform, including advertising and syndication partners.

1.3 Third-Party Rights
You agree that the Content does not infringe upon the intellectual property rights of any third party. If the Content includes any third-party content (e.g., music, images, clips), you are responsible for obtaining all necessary licenses or permissions before uploading the Content to DYNOXE.

2. Content Specifications and Technical Requirements

2.1 Technical Standards
You agree to comply with DYNOXE’s technical specifications and format requirements for Content submission. The current requirements include, but may not be limited to:

  • Video Format: [MP4, MOV, etc.]
  • Resolution: [e.g., 1080p or 4K]
  • File Size Limit: [Maximum file size]
  • Audio Quality: [e.g., AAC or MP3, 192 kbps or higher]

These specifications may be updated from time to time, and you will be notified of any changes.

2.2 Metadata
You agree to provide accurate and complete metadata for each piece of Content, including but not limited to:

  • Title, description, and tags
  • Genre, language, and subtitle information
  • Cast and crew details (if applicable)
  • Closed caption in English and Foreign language (if applicable)

The metadata you submit must be truthful, accurate, and non-deceptive.

3. Content Upload Process

3.1 Upload Interface (DYNOXE MEDIA LAUNCH)
You will upload your Content via the DYNOXE platform's designated upload interface (https://dynoxe.com/medialaunch/), using the credentials provided to you. You are responsible for ensuring that your account information and credentials are kept secure.

3.2 Review and Approval
All uploaded Content will be reviewed by DYNOXE to ensure it complies with our technical, legal, and content standards. DYNOXE reserves the right to reject any Content that does not meet our criteria, including but not limited to:

  • Violating any laws or regulations
  • Infringing on third-party intellectual property
  • Containing inappropriate or offensive material

If your Content is rejected, DYNOXE will provide a reason, and you may resubmit a corrected version.

3.3 Content Availability
Once approved, your Content will be available for streaming on the DYNOXE platform. You understand that DYNOXE cannot guarantee the performance or visibility of your Content and is not responsible for content consumption metrics or user engagement.

4. Content Removal and Modifications

4.1 Content Removal Request
You may request to remove your Content from the platform at any time by submitting a formal written request to DYNOXE. Upon removal, DYNOXE will take commercially reasonable efforts to remove the Content from the platform, but you understand that cached copies or residuals of the Content may remain temporarily.

4.2 Content Modifications
If you wish to make any changes or modifications to the Content after upload, you must submit the updated version through the DYNOXE Media Launch portal. DYNOXE will review the new version and make it available if approved.

4.3 Continued Use After Removal
You understand that any content removed from the platform will no longer be available to users, but DYNOXE may retain certain data and usage statistics for reporting purposes.

5. Revenue and Payments

5.1 Revenue Generation
Your Content may generate revenue through various means, such as subscription fees, advertising revenue, or pay-per-view models. DYNOXE will provide a breakdown of how revenue is generated and reported based on user interactions with the Content.

5.2 Revenue Share
The revenue generated from your Content will be shared according to the following:

TVOD (Transactional Video on Demand)

  • DYNOXE’s Share: 30%
  • Content Supplier’s Share: 70%

SVOD (Subscription Video on Demand)

  • Hourly $0.05 cents

5.3 Payment Terms
DYNOXE will process payments to the Content Supplier on a quarterly basis, with payment terms to be specified in a separate agreement. Payments will be made after deductions for any applicable taxes, platform fees, or third-party costs.

5.4 Reporting
DYNOXE will provide detailed reports on Content performance, including but not limited to:

  • Views, streams, and interactions
  • Revenue generated
  • Demographics of viewers

6. Representations and Warranties

6.1 Content Supplier’s Warranties
You represent and warrant that:

  • You have all necessary rights and permissions to upload and distribute the Content on DYNOXE.
  • The Content does not infringe upon any third-party intellectual property rights or violate any applicable laws.
  • The Content is not defamatory, offensive, obscene, or otherwise illegal.
  • You have obtained all necessary clearances for any third-party materials included in the Content, such as music, trademarks, or likenesses.

6.2 DYNOXE’s Warranties
DYNOXE represents and warrants that it will use reasonable efforts to operate the platform in accordance with its business practices and legal requirements.

7. Indemnification and Liability

7.1 Indemnification by Content Supplier
You agree to indemnify, defend, and hold harmless DYNOXE, its affiliates, and its employees from any claims, losses, damages, or liabilities arising from your breach of these Terms, your Content, or your violation of any applicable laws or third-party rights.

7.2 Limitation of Liability
DYNOXE will not be liable for any indirect, consequential, or punitive damages arising from the use of the platform or the Content uploaded. Our liability is limited to the amount of revenue generated from the Content during the term of the Agreement.

8. Confidentiality

Both parties agree to keep all confidential information, including but not limited to content, financial details, and business strategies, confidential and will not disclose such information to third parties without prior consent unless required by law.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Texas. Any disputes arising from these Terms will be resolved through arbitration in Texas, and the decision will be binding.

10. Miscellaneous

10.1 Entire Agreement
These Terms constitute the entire agreement between you and DYNOXE regarding the upload and distribution of Content on the platform.

10.2 Amendments
DYNOXE reserves the right to modify these Terms at any time. You will be notified of any significant changes, and continued use of the platform after the changes will constitute acceptance of the new Terms.

IN WITNESS WHEREOF, the Content Supplier has read, understood, and agreed to these Terms and Conditions by uploading or exporting Content to the DYNOXE platform.

 

For any questions or inquiries please reach out to DYNOXE support,. Email: support@dynoxe.com