Payment Addendum
Last Updated: August 20, 2014
This Payment Addendum is a part of Vimeo’s Terms of Service and covers payments that you make to Vimeo (except for Vimeo PRO or Plus subscriptions) and payments that Vimeo may make to you.
- Payments made by you. You may make payments to Vimeo for transactions and services that Vimeo offers, including Music Store purchases, Tip Jar tips, and Vimeo on Demand video rentals and downloads. All payments are final and non-refundable. However, Vimeo may, in its sole discretion, authorize refunds if it determines that the circumstances warrant a refund.
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Payments made to you. Vimeo will pay you for transactions in which you are entitled to receive amounts within thirty (30) days of the end of each month in which a transaction occurred. Vimeo will make all payments to your PayPal account. To be eligible to receive payments, you must:
- Be a Vimeo Plus or PRO subscriber.
- Comply with all terms of Vimeo’s Terms of Service including this Payment Addendum.
- Be eligible to participate in a Vimeo program in which Vimeo pays users.
- Have a valid PayPal account.
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Tip Jar.
- Overview. Tip Jar allows Vimeo users and visitors to give tips to participating Vimeo users.
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Giving Tips. By giving a tip, you agree and acknowledge that:
- The tip is made solely as a gift to the person you are tipping (less Vimeo’s service fee).
- You are not making a payment for any good, service, or other valuable consideration and you do not expect to receive any financial benefit from making the tip (such as a tax deduction).
- You are not making the tip for any unlawful purpose.
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Receiving Tips. Vimeo PRO and Plus subscribers may receive tips by participating in Tip Jar. You may NOT use Tip Jar to solicit or accept:
- Donations for political causes.
- Payments for any goods, services, or other valuable consideration.
- Tips with respect to any content that violates Vimeo’s Terms of Service.
- Service Fees. Vimeo will retain 15% of tip amounts as a service fee. Vimeo will pay tips to eligible tip receivers after deducting the service fee.
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Vimeo on Demand.
- Overview. You may view and distribute videos through the Vimeo on Demand (“VOD”) service as set forth below.
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Watching VOD videos. You may “rent” (i.e., stream for a period of time) or “buy” (i.e., download) certain videos made available for VOD distribution. The following terms apply to such transactions:
- Limited License. After paying the fee displayed at the time of your transaction, you have the right to (a) stream rented VOD videos for your personal viewing during the time period displayed at the time of your transaction; and/or (b) download VOD videos you’ve bought for your own personal viewing.
- Limitations. If a VOD distributor ceases to make a video available through VOD or if a video becomes unavailable for legal reasons, Vimeo may, without penalty, eliminate or reduce the amount of time you have to stream or download the video, notwithstanding the terms displayed at the time of your purchase.
- Restrictions. You may not: (a) copy or redistribute any VOD video through any means; (b) publicly exhibit any VOD video; or (c) resell views of any VOD video or allow others to log into your Vimeo account for the purpose of watching a VOD video that you have rented.
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Distributing VOD videos. If you wish to distribute a video through VOD, the following terms apply:
- You must be a PRO subscriber.
- You must choose the following terms for each such video: (a) the price you wish to charge viewers who rent or buy the video; (b) whether you wish to offer a rent and/or buy option; (c) the rental period if applicable; and (d) the territory where the video may be distributed.
- You hereby grant Vimeo the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), make derivative works from (to transcode and stream video files), publicly perform and exhibit, and otherwise exploit and promote the video through VOD in accordance with your choices.
- The above licenses will continue so long as you offer a video for VOD distribution. If you remove a video from VOD distribution, (a) Vimeo will cease offering the video for VOD distribution; and (b) Vimeo may continue to make the video available to those users who previously rented or purchased pursuant to your prior VOD choices.
- Service Fee. Vimeo will retain 10% of Net Revenue as a service fee. “Transactional costs” are amounts paid by Vimeo to third parties to facilitate a transaction and may include, without limitation, payment-processing fees, foreign exchange fees, and platform fees (e.g., for transactions occurring through online third party stores or systems). “Net Revenue” means gross revenue actually received from end users less transactional costs, chargebacks, and refunds. Vimeo will pay your share (90%) of Net Revenue to you after deducting its service fee. If for any reason a VOD video cannot be viewed or downloaded (if offered) for the full rental period purchased by an end user, you will not be entitled to any revenue from such purchases. Vimeo shall be entitled to make deductions in any future payments of revenue.
- Currency. Vimeo may allow you to offer VOD videos in currencies other than U.S. dollars. Transactions in such currencies will be converted into U.S. dollars for each day of sales based upon the day’s final exchange rate. For clarity, a day is determined by reference to the time zone applicable to New York City. Any revenue share will be paid out in U.S. dollars.
- Violations. If you violate any of the terms of Vimeo’s Terms of Service, including this Payment Addendum, you will forfeit the right to receive any payment hereunder and must repay to Vimeo any amounts you have received. Vimeo may, in its discretion, suspend, limit, or disable any user’s participation in Tip Jar or VOD at any time.
- General. You agree and acknowledge that you and Vimeo are independent contractors and not partners, joint venturers, or fiduciaries of one another. If you have a negotiated agreement with Vimeo concerning your use of Tip Jar or the VOD service, the negotiated agreement governs and supersedes any inconsistent term in this Payment Addendum.