Terms Of Service
Thank you for using the ONEST Network platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
The Service allows you to discover and watch videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small.
Creator - content creator who has paid a fee to feature their content on the ONEST Network for a specific period of time according to their contract ("Creator", "Creators", "our Creators")
Viewer - person or entity who has purchased a subscription for one month or one year and is authorized to consume live and on-demand content available on the ONEST Network ("Viewer", "Viewers", "Subscriber", "Subscribers")
Your Service Provider
The entity providing the Service is ONEST Network LLC, a company operating under the laws of Florida, located on 1000 Brickell Avenue, Suite 715 PMB 333 in Miami, FL 33131 (referred to as “ONEST Network”, “we”, “us”, or “our”).
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
You must be at least 13 years old to use the Service; however, children of all ages may use the Service (where available) if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by viewers, creators, ONEST Network or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. ONEST Network reserves the right to remove or discontinue content that violates our terms by representing any type of harassment, discrimination or unlawful behavior.
ONEST Network Accounts
You can use parts of the Service, such as browsing and searching for Content, without having a registered account. However, you do need ONEST Network account and an active subscription to watch unlimited content.
To protect your ONEST Network account, keep your password confidential. You should not reuse your ONEST Network account password on third-party applications.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from ONEST Network and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed by ONEST Network (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where ONEST Network videos are the main draw for users visiting the webpage).
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or ONEST Network.
Develop, Improve and Update the Service
ONEST Network is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time by deleted your account and canceling your subscription.
Terminations and Suspensions by ONEST Network
ONEST Network reserves the right to suspend or terminate your account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, ONEST Network or our Creators
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, ONEST Network or our Creators.
CONTENT CREATORS RULES & CONDITIONS
Content Creators and Applicable Copyright
ONEST Network does reserve the exclusive right to host, stream and feature the content provided by a content creator for a specific period of time based on the airtime package plan purchased. This content may not be featured, aired, streamed or otherwise featured on any other platform during the period of time mentioned in the agreement. The content may be repurposed once it is taken down from the ONEST Network platform and database. ONEST Network does not reserve any further copyrights to host, distribute or repurpose the content.
Content creators retain ownership rights in their Content.
Content creators are required to upload the content to the ONEST Network database according to the instruction and in respect to the given deadlines. Content that is not uploaded on time will not be considered for the particular airtime period, if the deadline has been missed. ONEST Network will then feature the content at the next available airtime period. Creator may miss the deadline maximum TWO TIMES. If the deadline has been missed for the third time, the creator's contract will be terminated.
Creators are required to pay airtime fee to feature their content on the ONEST Network unless otherwise agreed. Please refer the currently available Airtime Plans to choose the option that fits your budget and business model. Creator's ONEST Network airtime slot is not guaranteed until the fee is paid in full unless otherwise mentioned in the contract between the creator and the ONEST Network.
Creator's content will be removed from the ONEST Network database and platform once the contract period expires.
Ads and Profits
Creators grant to ONEST Network the right to display ads and charge users a fee for access. If required by law, ONEST Network will add appropriate taxes to subscription, airtime and any other payments made using our platform.
This Agreement does not entitle creators to any profit share from business agreements between ONEST Network and advertisers nor access fee charged to viewers accounts.
Creators are granted extra 10 min of free airtime to each episode published to the platform to be used for monetization. One hundred percent of all profits from this monetization go to the creator. ONEST Network does reserve the right to approve or disapprove any advertising if it violates our policy, promotes violence, discrimination, harassment, gambling and/or any unlawful activity.
Other Legal Terms applicable to ALL SUBSCRIBERS
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND ONEST NETWORK DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, ONEST NETWORK, ITS CREATORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR ONEST NETWORK, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
ONEST NETWORK AND ITS CREATORS’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO USD $100.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ONEST Network, its Creators, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by the law of the state of Florida and will be litigated exclusively in the federal or state courts of Miami-Dade County, Florida, USA. You and ONEST Network consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND ONEST NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.