Terms of Service
Creator Terms of Service
Updated: June 15, 2022
This document lists terms of service that apply to content creators in wndr.
To make this short & sweet, here are the main things that you need to know, in plain English. In case we have made any mistake and there is a mismatch between the full version and these highlights, the full legal version is the one that counts.
We don’t ever download or store any content without the creator’s permission. If your content has been indexed on wndr, it is playing right out of the platform where you published it (YouTube or TikTok), according to that platform’s terms of service, using their embedded player. Each view of this content in wndr is actually a view on YouTube or TikTok.
If for any reason you prefer not to have your content indexed on wndr, no problem. Just let us know at email@example.com, and we will remove it from the index and stop sending our users your way. If you register as a creator on wndr, you explicitly consent to us indexing your publicly-available content, making it findable by our users, and playing it from the platform where you published it.
You may opt-in to upload your content to wndr, in order to get certain perks, or just to give wndr users a better experience when watching your content. If you upload your content to wndr, you give us permission to host and play it directly from wndr, and you are giving our users permission to watch it. You also agree to never upload content which is illegal, inappropriate, or that violates other people’s copyright - including music. You can use our partner SoundStripe for embedding licensed music in videos you upload to wndr, and if you do, you need to respect their terms of service too. If we have reason to think the music in your content is infringing on someone’s copyright, you agree for us to replace it with licensed music.
You may opt-in to monetize your content on wndr. If you do, you agree for us to monetize your content and share the revenue with you.
If you notice someone illegally using your content without permission, or if such unauthorized publication is available on wndr, please let us know and we will remove it as soon as we practically can. We will also inform whomever uploaded it of your request, and allow you and this user to sort the issue amongst yourselves.
1. SERVICE CONTENT
License to Use Service Content. Creators hereby grant a nonexclusive, royalty-free, perpetual, transferable, irrevocable, sublicensable, world-wide right to Wndr: (i) to index, publicly display, make available, use, translate, modify, run, adapt, distribute, promote, publish, create derivative works from and make available the Service Content to Wndr’s users, potential users and partners, for the purpose of improving and promoting the Services; and (ii) use Creator’s name, trademarks and image in connection with the Content provided by the Creator .
Opt-In License. In addition, Creators may provide Wndr additional permissions of use with respect to Service Content, and those Creators who opt-in through their Account hereby grant Wndr the right (i) to play any videos (in whole or in part) which are provided as part of Service Content in Wndr’s embedded video player, (ii) to perform any additional actions necessary in order to provide indexed Service Content in connection with such videos; and (iii) to compile the Service Content with any additional works, including music soundtracks of Wndr’s choice.
Responsibility for Service Content. Creators alone are responsible for Service Content, including with respect of users’ reliance on the quality, accuracy, or reliability, and any risks associated with the Service Content. Creators may not imply that Service Content is in any way sponsored or endorsed by Wndr. Except as required by law, Wndr has no obligation to retain or provide you with copies of Service Content, and Wndr does not create back-up copies of any Service Content. In addition, Wndr does not guarantee any confidentiality with respect to Service Content.
Representations and Warranties. Each Creator hereby represents and warrants that: (i) it owns or have the necessary permissions and licenses to use and authorize the use of Service Content contributed through the Services as described herein; (ii) the Service Content complies with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, confidentiality and the right to privacy; (ii) does not and will not contain any threatening, offensive, racist, hateful, violent, sexually explicit, obscene, libelous, defamatory, false, misleading or otherwise inappropriate content; (iii) does not and will not contain any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (iv) is free of viruses, trojans, time-bombs and any other malicious code; and (v) is free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies). It is the Creator’s responsibility to ensure that Service Content is compliant with any additional content guidelines which may apply to it, as made available by Wndr through the Website and updated from time to time at its sole discretion (“Content Guidelines”).
Editing and Music Licensing Tools for Creators. As part of the Services Wndr provides content Creators the ability to use video editing tools as well as to include music overlayed onto the video created. The use of the video editing tools provided by Wndr as well as the inclusion of only licensed music from the authorized source provided by Wndr is mandatory. Contents created which does not meet at least these to requirements shall not be uploaded from Creators to the Website and shall not be entitled to participate in the monetization and advertising program described below. In order to use the above-mentioned video editing tools as well as the music inclusion service Creators are required to accept the terms and conditions associated with those tools, which are provided by third parties and not by Wndr. adherence and compliance with such third party tools is required and is at the sole responsibility of the Creators.
Review of Service Content. Wndr does not edit, or control Service Content posted to or distributed through the Services or the Website and will not be in any way responsible or liable for such content, nor will it be considered to condone or endorse such content. Wndr reserves the right to remove or reinstate without notice any Service Content from the Website. For example, Wndr may remove Service Content where it becomes aware or where it believes in good faith that such Service Content is in breach of the Terms, is reasonably necessary, in its sole discretion, to safeguard the rights of Wndr, its users or any third party.
Advertising. Wndr intends to place Ads in, alongside, near, adjacent, or otherwise in close proximity to Service Content in connection with promotion of products, services, offerings or establishments (e.g. restaurants, hotels, etc.) of third parties. Wndr will plaec Ads in direct and personal association with your User Content only with your express consent (the “Partnered Advertising”). You will be entitled to receive a certain revenue share in respect of any Partnered Advertising in accordance with Section 2 of these Additional Creator Terms. If you wish to enable Partnered Advertising you can opt-in to this option through your Account and provide any additional information required by Wndr for such purpose, including a payment method to allow transfer of applicable revenue amounts to you. Notwithstanding, Wndr reserves the right to generally place Ads in the Services, including alongside any Service Content, without obtaining your consent if such Ads are placed without any specific personal association to your Service Content (for example, if Ads are simultaneously placed next to Service Content of multiple users) (“General Advertising”). It is hereby clarified that you will not be entitled to receive any revenue share in respect of General Advertising..
Moral Rights. to the extent permitted by applicable law, you hereby waive any moral rights in connection with the Service Content, its publication, use, modification, deletion and exploitation in accordance with the license provisions set forth herein and further agree that Wndr may remove or include any personally identifying information be used in connection with the User Content or any derivative works thereof. You hereby irrevocably waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any Service Content and you release Wndr and its licensees, successors and assigns, from any claims by virtue of any such moral rights.
2. CREATOR’S REVENUE SHARE
For all Ads displayed in Sponsored Content as part of Partenered Advertising, Creator shall receive fifty percent (50%) of Net Advertising Revenue. “Net Advertising Revenue” means the gross advertising revenue recognized by Wndr as a result of delivery of Ads through Sponsored Content as well as booking fees received from establishments (such as hotels) who have an affiliation program with Wndr, less: (i) amounts owed to any other Creator in respect of Partnered Advertising related to the same Ad; (ii) taxes required to be paid by Wndr in connection with the Service, including without limitation, excise, sales, use or value added taxes or tariffs; (iii) fees owed to third parties, such as commissions, discounts and referral fees in connection with selling Ads; (iv) technology and other transaction related costs or fees in connection with selling, serving and/or displaying Ads; and (v) any credits, discounts, offsets or charge-backs made in connection with the selling of Ads. Nothing herein shall prevent Wndr from committing to multiple Partnered Advertising with respect to the same Ad, and you hereby acknowledge that any Net Advertising Revenue received by Wndr due to an Ad displayed in connection with multiple Partnered Advertising may be divided among those Creators entitled to receive a revenue share pursuant to this Section, all in accordance with Wndr’s sole discretion.
The payment of Net Advertising Revenue may be subject to additional third party terms and conditions or policies mandated by third parties who are affiliated with the provision of Ads through the Services and such terms apply separately of these Terms. It is your responsibility to familiarize yourself with any such applicable third party terms. In any event of conflict between these Terms and any such third party terms, the latter shall prevail.
3. BILLING AND PAYMENT
Wndr will remit Creator’s Revenue Share to Creator within sixty (60) days following the end of the calendar month in which the Creator’s Revenue Share was generated. Where the Creator’s Revenue Share is less than USD $100, the corresponding amount will be added to the amount for the following quarter and/or paid out by the end of the agreement at the latest.
Wndr shall remit payments to the address and contact information provided by Creator after registering for an Account on the Website.
Each party is responsible for all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of any contract, any transaction and any payments hereunder. However, if required by law Wndr may withhold any amount it is required to withhold from payments hereunder and the reduced amount shall be deemed as full and final payment, unless Creator provides a valid tax exemption certificate.
Creator has ninety (90) days from the receipt of payment to report any discrepancy or to challenge the payment. Wndr and Creator will use their best efforts to resolve any discrepancy or dispute quickly and fairly.