Terms Of Service
§1 General provisions
These Terms and Conditions specify the terms and conditions of using the filemoon.sx platform (hereinafter: filemoon.sx) and the rules for acquiring information and posting content on filemoon.sx.
filemoon.sx is a platform posting, viewing, downloading and sharing content for other people selected by the User.
Video Hosting Services LLC, Dmytro Yavornytskoho ave., House 41-V, Office 7, e-mail: [email protected] is the owner of filemoon.sx.
The terms used herein shall have the following meaning:
Platform – an online platform operated by the Service Provider in English which operates through the Website.
Service Provider – Video Hosting Services LLC, Dmytro Yavornytskoho ave., House 41-V, Office 7, e-mail: [email protected]
Website - the website at https://filemoon.sx and any subpages thereof.
Service – the full scope of services provided electronically by the Service Provider for Users to the extent specified in these Terms and Conditions. The service consists in enabling access to the filemoon.sx website via the Internet and to provide functionalities related to posting, viewing, downloading and sharing content by the User.
User – all entities using the Platform.
User Account – an individual account of the User on the Platform, containing individual data of the User and enabling use of Services provided through the Platform.
Consumer – in accordance with the Polish Civil Code of 23 April 1964 – a User who as a natural person performs an act in law not directly related to this natural person’s business or professional activity using the Platform. Within the meaning of these Terms and Conditions, a Consumer is an entrepreneur running a one-man business who enters into contracts which do not have a professional nature arising from the subject of its activity.
Users may contact the Service Provider by email: [email protected]
§2 Services provided through the Platform
The Service Provider provides Users with electronic services pursuant to distance contracts concluded between the User and Service Provider.
The Service Provider shall charge no fees for the provision of Services for the benefit of the Users.
The Services shall consist in enabling access to the Platform via the Internet. The Service Provider shall provide, among others, the following types of Services via the Platform:
Creating and maintaining User Accounts.
Adding, editing and deleting data.
Downloading and viewing data.
The contract for provision of services shall be concluded upon complete and correct registration on the Platform. The contract shall be concluded for an indefinite period of time. The User may terminate the aforesaid contract at any time, in the manner specified herein.
In order to user the Services referred to in sec. 3, the User shall register their Account.
The Service Provider shall have the right to modify, including to extend, the scope of Services.
§3 Registration at the Platform
The Users shall register individual accounts at the Platform.
Individual accounts enable Users to use the functionalities of the Platform.
In order to register at the Platform, the User has to fill in the registration form (and to provide, e.g., the following data: name, surname, e-mail, password).
Registration of a User Account and later actions within the Platform on behalf of and for the User may be performed only by persons authorised to represent the User or holding an appropriate authorisation.
It is forbidden to provide incorrect data.
It is prohibited to create User Account using automatic means.
In the case of any reasonable doubt regarding the authenticity of data provided by the User, a Service Provider may withhold the creation of a User Account or suspend the User Account until the doubts are clarified.
The Account shall include data provided by the User during registration and later while using the User Account. In the case of any later change of any of the data during the use of the Platform, the User shall be obliged to immediately update them, by using a relevant form available at the Website.
§4 General rules governing the use of the Platform
In order to use the Services accessible through the Website or via mobile devices, the User must fulfil the following technical requirements:
have a computer, laptop, mobile phone or any other device connected to the Internet
have access to electronic mail
use the web browser (latest version thereof);
enable the option to save cookies in the web browser.
All actions taken by the Users shall comply with the binding legal regulations and good practices.
It is forbidden to use the User Account to act to the detriment of other Users, the Service Provider or third parties.
Each User undertakes to:
use the Platform functionalities and resources provided in accordance with the purpose of the Platform
comply with the provisions of Polish law
respect the rights and personal rights of other Users
refrain from any action to the detriment of other Users, the Service Provider or third parties
The content published by the Users at the Platform shall be their property and only they are liable for any potential infringement of third party rights.
Placement of content that is illegal or contrary to good practices at the Platform, and in particular vulgar content, or defamatory, offending religious feelings, inciting racial, ethnic or religious hatred, propagating phonographic or computer piracy, disseminating techniques of infringing data, viruses and any other materials similar in content or action is strictly forbidden and shall constitute an infringement of the Terms and Conditions.
Each User shall have the right to view and download content posted by other users on the Platform. The User undertakes that any content downloaded or displayed by them shall be used solely for private purposes, under the rules of permitted personal use set out in Article 23 of the Act of 4 February 1994 on Copyright and Related Rights. The User acknowledges to be aware that any otherwise use of these contents, in particular in a way that goes beyond permitted personal use, shall constitute an infringement. The User acknowledges also to be aware that the User bears full responsibility for any use of the content contrary to the provision herein. The User consents to the display and downloading of content posted by them on the Platform by other users.
The account of a User who posts illegal content or content that violates the personal interests of others may be blocked or removed by the Service Provider.
The Service Provider reserves the right to impose age restrictions on the content posted. The materials referred to in the preceding sentence may be displayed and downloaded only by persons aged at least 18, after they have submitted a statement confirming their age. The materials referred to in this section are those which:
depict dangerous or harmful activities
promote or encourage, directly or indirectly, the consumption of prohibited or harmful substances (e.g. drugs, alcohol or cigarettes)
contain erotic content, in particular pornography
contain drastic scenes and violence
contain vulgar content or vulgar language
§5 Rules for uploading content to the Platform
By submitting content to the Platform, each User declares:
To have the full right to dispose of the content posted on the Platform, to have property right to this content that are not limited by the right of any third person or to have the right to use the content
That persons recorded in messages or on the photographs, whose consent is necessary for their dissemination, have given their consent to the dissemination of their image
That information contained in the posted content is truthful and not intended to mislead anyone
The User undertakes to present relevant documents proving the legal status referred to in § 5.1 a, b, c of the Terms and Conditions each time when requested to do so by the Service Provider.
By posting content subject to intellectual property rights on the Platform, the User grants Service Provider a non-exclusive, free licence, unlimited in time and space, to use the content posted by the User, with the right to grant sub-licences to third parties. The license is granted in the following fields: recording in any way and on any media, multiplication by any technique, distribution, public screening and reproduction, making available in a chosen place and time. The User authorises the Service Provider to create and distribute derivative works, including, in particular, authorising the Service Provider to translate posted content and to combine it with other content on the Portal. The licence granted shall not deprive the User of any rights to the content. The licence shall expire when the content is removed from the Platform or when the account is deleted.
The User shall be fully responsible for the content they upload and for any possible infringement of third party rights.
The Service Provider shall have the right to remove content which violates the law or contains content contrary to the law or morality, posted on the Platform by the User. The Service Provider shall also have the right to block access temporarily or permanently to the content in question.
The Service Provider may delete or block the content referred to in § 5.4, in particular when:
the infringement is identified by a filtering system designed to find content that infringes the copyright of third parties
the Service Provider receives an official notification indicating that the content posted on the Platform by the User violates the rights of third parties
the Service Provider receives a credible notification indicating that content placed on the Platform by the User violates the rights of third parties
For the purposes of these Terms and Conditions, a message which is accompanied by evidence confirming or substantiating that the content posted on the Platform by the User is or may be of an unlawful nature shall be deemed a credible notification referred to in § 5.5 c.
The Service Provider shall delete or block access to specific content immediately upon receipt of a report generated by the filtering system referred to in § 5.5 a., receipt of an official notification referred to in § 5.5 b, or receipt of a credible notification referred to in § 5.5 c, but no later than within 3 days.
The User may request access to the material be restored provided that they present documents or other evidence proving that the content they have uploaded to the Platform does not infringe the rights of third parties or violate decency.
The Service Provider is not responsible for potential infringements that may be caused by content posted on the Platform by the User. In the event that a third party makes a claim against the Service Provider for infringement of their rights, in particular for infringement of third party copyrights, resulting from specific content placed on the Platform by the User, the User undertakes to indemnify the Service Provider against all liability, to join the legal proceedings on the Service Provider’s side and to pay all adjudicated claims, court costs, mediation fees and legal costs.
Service Provider shall not be liable to the User for damages or lost profits related to the removal or blocking of access to material which violates the rights of third parties or for which Service Provider has received an official notification referred to in § 5.5 b or a credible notification referred to in § 5.5 c. The Service Provider shall also not be liable for damages and lost profits related to the removal or blocking of access to the material if the filtering system referred to in § 5.5 a demonstrates that the material in question infringes the copyright of third parties.
Any reports regarding material which potentially violates the rights of third parties or public decency, including, in particular, official notifications referred to in § 5.5 b or a credible notification referred to in § 5.5 c, shall be sent to the address: Ukraine, 49044, Dnipropetrovsk region, Dnipro city, Dmytro Yavornytskoho ave., House 41-V, Office 7 or by e-mail at: [email protected]
The Service Provider undertakes to respond to the notifications referred to in § 5.11 immediately, but no later than within 3 days of receiving them.
Each User who intends to publish or distribute materials containing the content referred to in § 4.9 on the Platform shall be obliged to notify the Service Provider thereof within 24 hours before uploading the material to the Platform. Users who fail to notify the Service Provider of their intention to publish or disseminate material referred to in the preceding sentence shall be liable for any damage related to the publication or dissemination of that material. If, in connection with the publication or dissemination of the material referred to herein, any related claims are made against the Service Provider, the User undertakes to take all possible measures to free the Service Provider from liability and to pay the amounts awarded, the costs of court proceedings, the costs of mediation, stamp duties and legal fees.
The Service Provider shall not be liable for the publication or dissemination of the materials referred to in § 5.14 if the User publishes or disseminates them without prior notice to the Service Provider by e-mail. Notification of the intention to publish or disseminate the materials referred to in § 5.14 shall be sent by the User to the e-mail address indicated in § 1.5(b).
Materials containing content referred to in § 5.14 shall be subject to the age restrictions referred to in § 4.9.
§6 Settlements with the Users
The Service Provider enables the User to earn from the content posted by the User on the Platform under the following programmes:
Affiliate Programme “Pay Per View” – a programme enabling the Service Provider to pay remuneration to the User, based on the total number of views of the content posted by the User on the Platform.
Affiliate Programme for Publishing Entities – a programme enabling the Service Provider to pay remuneration to the User, based on the total number of views of the content posted on the Platform via User’s website.
Participation in the programmes referred to in § 6.1 a and b shall only be possible after correct registration on the Platform and correct notification of the intention to participate in them.
The Service Provider shall pay the User remuneration in amount specified in § 6.11 for each 10,000 views of the material posted on the Platform.
A specific view shall be included in the pool of views entitling to remuneration, provided that 10% of the displayed material has been viewed.
The remuneration shall not be paid to the User if they block the possibility of displaying advertisements with the material.
The User undertakes not to engage in actions aiming at a fake increase of the number of views of materials, and in particular not to use any automatic tools aiming at increasing the number of views.
The Service Provider declares that, for security reasons, the number of views made by entities using the same IP address shall be counted as one display in the case of a single view of a material within 24 hours, or as two views in the case of multiple views of a material within 24 hours.
The minimum payment amount which is paid to the User shall be USD 20.
Payments shall be made by the Service Provider everyday.
The remuneration shall be paid to the User within ninety days from the end of the month in which they acquired the right to be paid, by means of one of the following payment services: BitCoin, PayPal, WebMoney, Payoneer.
Remuneration referred to in this section depends on the country in which the User has registered. The User shall be entitled to the following remuneration for each 10,000 views:
• USD 35, in case of Users registered in Australia, Germany, Norway, the United States and the United Kingdom
• USD 22, in case of Users registered in Austria, Canada, Denmark, Finland and France;
• USD 12, in case of Users registered in Belgium, Ireland, the Netherlands, New Zealand, Spain, Switzerland, Indonesia, Thailand, Greece, Ukraine and Hungary;
• USD 8, in case of Users registered in Brazil, Bulgaria, Cyprus, Czech Republic, Hong Kong, India, Italy, Japan, Mexico, Poland, Romania, Russia, Serbia, Slovakia, Vietnam, South Korea, Chile and the Philippines;
• USD 4.5, in case of Users registered in countries other than those specified in § 6.11 a, b, c and d.
§7 Liability. Access to and use of the Platform
The Service Provider undertakes to take all necessary measures to ensure the appropriate, secured, uninterrupted and error-free access to the Platform.
The Service Provider shall not be liable for:
actions undertaken by Users
failure to fulfil the specific requirements of the User, other than resulting from the general purpose of the Platform
correctness, reliability and accurateness of data obtained during the use of the Platform and provided by the User
temporary technical errors occurring during the operation of the Platform
defects of data introduced to the Platform by Users
quality, access and correctness of the content obtained through the Platform.
The Service Provider shall not be liable for any damage (also in the form of loss of profit), image infringement, disruptions in the operation of the enterprise, loss of data or any other type of economic information or other property loss resulting in particular from:
inability to use the Platform
the use of the Platform
lack of access to the Platform, data, information, messages published or read at the Platform
an error in the functioning of the Platform
unauthorised access of a third party to data
influence of third parties
deletion of the Account
and any other reasons related to the Service, regardless of whether the loss, infringement and loss was the direct or indirect effect of the event.
The Service Provider shall not be liable for any damage caused by third parties which accessed the Platform by using correct data of any User.
The Service Provider shall not be liable for any interruption in the operation of the system caused by technical problems in the hardware of software used by the User, or malfunction of the Internet, force majeure or forbidden interference of third parties which prevent the User from the use of the Platform and the Service offered via the Platform.
In the case of a notification of unauthorised access to the Platform, the Service Provider shall take immediate action to secure the data collected.
The Service Provider shall regularly create backup of data placed at the Platform, in order to minimise the risk of data loss due to the action of unauthorised persons or technical errors in the functioning of the Platform.
The Service Provider shall have the right to make changes in the Service and Platform, in relation to the work conducted for the improvement and modernisation of the Platform. In particular, the Service Provider shall have the right to change the Platform functionalities.
The above limitations of liability of the Service Provider shall apply to the User who is a Consumer only to the extent that is permitted by generally applicable law.
Each User shall be entitled to file a complaint on account of any irregularities in the functioning of the Platform and service provided by Users within 14 days of the occurrence of the irregularity. Complaints shall be submitted via email sent to the following address: con[email protected] The description of such malfunction should enable the Service Provider to identify the problem and to repair it.
The Service Provider shall examine the complaint within 14 calendar days of the date of receiving the complaint.
In case of a serious technical error, the Service Provider reserves the right to limit access to the Site, the Platform and the Service.
Any errors in the functioning of the Platform, comments and information on the functioning of the Platform and Website, as well as cases of infringement of the Terms and Conditions shall be reported to the Service Provider via electronic means.
§9 Deletion of User Accounts
The User shall be entitled to delete their Account at any time. In order to do so, the User shall go though the account deletion procedure at the Website.
The account shall be deleted at the User’s request within 14 days of the date of submitting a relevant request.
If the User Account was deleted as a result of the Service Provider decision, the User cannot re-register at the Platform without prior consent of the Service Provider. The re-registration without the consent shall result in deletion of the Account.
§10 Amendments of the Terms and Conditions
The Service Provider reserves the right to amend the Terms and Conditions at any time, exclusively for important reasons, in particular due to changes in the provisions of the applicable law or technical and organisational changes in the manner of concluding and performing contracts, as well as in the case of a change in the legal organisation of the Service Provider’s activity. The amendments mentioned above shall not affect placed, performed or completed orders and contracts. If the Terms and Conditions are amended during User’s Subscription, such an amendment shall come into force at the end of the Subscription.
The Service Provider shall inform the Users of the amendments and their content 14 days prior to their introduction. The information shall be provided to the User by e-mail sent to the address provided during registration and by an appropriate note on the Account, available after logging in.
If the User does not consent to the amendment of the Terms and Conditions, the User shall delete the Account as provided on the Website.
In the case of failure to undertake any of the activities, within 14 days of the provision of the information on the amendment to the Terms and Conditions, the amendment shall be binding upon the User as if the User accepted the amendment to the Terms and Conditions in the mode specified in this clause.
§11 Personal data protection
The data of the Users shall be used solely for the purpose they were made available and the Service provider undertakes not to disclose them to third parties, other than the Users, if the action of the User requires so, unless otherwise provided in the applicable law.
12 Non-judicial dispute resolution
In order to resolve a dispute arising in connection with the use of the Services through the Platform, the Consumer shall have the right to request assistance from the following institutions before bringing a case to a common court of law:
a permanent amicable consumer court referred to in the Act on Trade Inspection of 15 December 2000, by filing a motion to settle a dispute arising from the contract;
the Voivodeship Trade Inspection Authority, by requesting to initiate mediation proceedings in order to resolve the dispute amicably
the district or municipal consumer ombudsman or a social organisation protecting consumer rights.
Detailed information on possible non-judicial dispute resolution options and available procedures is provided in registered offices and at websites of such institutions as the Trade Inspection Authority, district (municipal) consumer ombudsmen, social organisations protecting consumer rights, and the Office of Competition and Consumer Protection (UOKiK).
Online dispute resolution platform for consumers and entrepreneurs at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual webpage with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
§13 Final provisions
The provisions of generally applicable Polish law shall apply to any matters not covered by these Terms and Conditions. These Terms and Conditions shall be construed in accordance with Polish law. However, these Terms and Conditions shall not limit in any way the rights of consumers, which the Users who are consumers are entitled to in accordance with the mandatory provisions of the law of their country of residence.
All disputes arising from these Terms and Conditions and the contract concluded by the User and the Service Provider shall be governed by Polish law and be settled by courts of Polish jurisdiction. The court competent for settling any and all disputes arising between the Service Provider and a User not being a consumer shall be the court with jurisdiction over the registered office of the Service Provider. The court competent for disputes to which the Consumer is a party shall be the Consumer's place of residence.
The Terms and Conditions shall enter into force as of 08.09.2021
FileMoon has the rights to change its terms and condition at anytime without prior notification. Last Update 08.09.2021 01:50 AM - Ukraine