General conditions - mediaCastpro.

This document constitutes the regulations of the Platform and establishes the rights and responsibilities of the User when using the services offered. By using our services or even just browsing the Website, the User agrees to comply with these Conditions in relation to the use of the Platform.

2.1. The site www.mediacastpro.net is a technological platform (hereinafter also "Platform" or "service"), designed and operated by the company netMtech srl, in the person of the legal representative pro tempore based in Genoa in Via Montevideo 7/1A, VAT 02773520990, email info@netmtech.net (hereinafter also "Manager" or "Owner"), through which it intends to achieve the meeting between supply and demand between professional operators (B2B) who operate in the creation and distribution of audiovisual material and who are interested in the online sale and purchase of video content.

2.2. The aim of the Platform is to facilitate B2B (business to business) commercial transactions, i.e. between professionals and companies in the sector, excluding both transactions between companies and consumers (B2C) and transactions between consumers and consumers (C2C).
The Manager, through the Platform, makes available to buyers and sellers (if together, hereinafter also "Users" or "Professional Operators") a show-windows service, i.e. a portal-window within which interested Users may, respectively, buy or sell the material they are interested in. The Manager reserves the right to arbitrarily choose and display the previews of the uploaded material and related metadata for promotional purposes without prior information or authorization from the Seller.

2.3. As a mere Manager/Owner of the Platform, the company netMtech is not a party to the contract of sale between the professionals.

2.4. These conditions apply only in the event that the negotiation between Users takes place within the Platform and in the manner described, while they do not apply to relationships that have arisen or will arise in ways other than those indicated or, in any case, outside of the Platform managed by the company.

2.5. The graphic properties and functionalities of the site mediaCastpro are owned by netMtech srl; some images and icons used are owned by third parties who have allowed their use.

2.6. Regarding the territorial scope, the service is aimed at the market of the countries listed in the Platform.

2.7. Using the Platform in one language implies entering information in the same language.

3.1. Registration to the site is free of charge. In order to view the material contained in the Platform and possibly proceed with the sale or purchase, it is necessary to create an account and a profile. The account identifies, by means of the username and password, the physical person requesting access to the site; the profile identifies the entity, company or freelancer, on whose behalf the physical person is authorized to operate. The qualification of each profile to be able to view, sell or purchase videos is subject to the approval of the Manager, who may request additional documentation at any time in order to verify registered Users and prevent fraud. Each person has the ability to create a single account, but it is possible to create multiple profiles for the same account, as long as they are related to different entities.
In the event that two different accounts create two profiles relating to the same company, these profiles, for the Platform, will to all intents and purposes be different profiles, each with its own authorizations, purchases and sales.

3.2. The User who registers with the Platform and creates an account and one or more profiles guarantees the truthfulness and correctness of the data entered, assuming all responsibility for it. The User also undertakes to keep this data up to date at all times.
The data required to log in (username and password) must be kept with care, are strictly personal and must not be given to anyone, persons or bots. The password must not be used for other accounts on other platforms and social networks.

3.3. Authorized "guest" accounts are available exclusively at the discretion of the Manager. These accounts only allow the viewing of videos in order to assess the opportunity to proceed later with the registration and creation of an account and related profiles.

3.4. The User is responsible for any improper activity that may occur on the site, due to the lack of confidentiality of the password. The Manager assumes no responsibility towards Users for any damages that may result from unauthorized access - by third parties - to the Platform.

4.1. Connection to the Platform takes place via access to the telematics network, through the connection to the website. This connection, except for maintenance operations (see point 4.3), is operational every day of the week, for 24 hours a day. In order to correctly view the pages of the site, a valid internet connection and the use of a modern desktop browser updated to the latest version such as Chrome (preferred), Firefox, Opera, Edge or Safari are required; off-line access is not permitted.

4.2. If the User does not have the minimum configuration, the Manager will not guarantee proper access to the Platform and its services and will not be liable for any direct or indirect, incidental or consequential damages, including loss of earnings, loss of business opportunities and anything else that may arise for the User as a result of not having the required minimum configuration.

4.3. The performance of maintenance operations and/or updates to the site, which will prevent the connection, may occur indicatively between 22:00 (Rome time) on Sunday and 02:00 (Rome time) on Monday.
In any case no type of damage, actual or potential, can be requested from netMtech srl for the failure to connect to the site for reasons of updating and/or maintenance, both for reasons of extraordinary interventions.

4.4. Within the Platform, the default format of dates is YYYY-MM-DD and the time zone in which times are shown is automatically determined based on the User's state of residence, however, both can be changed at any time from the "Account" page. Within the Platform, unless otherwise specified, all prices are shown in the default currency of the profile, excluding VAT and taxes, using the dot as a decimal separator.

4.5. Professional operators undertake to operate within the Platform according to high standards of fairness, good faith and professionalism.

4.6. The Service allows the use of automatic translators to translate the descriptions of the videos uploaded, in this regard the Manager declines any responsibility for inaccurate and/or incomplete translations and no blame can be attributed to the seller.

5.1. The User who wishes to sell the video material on the Platform may do so after enabling the profile for sale. This qualification requires the entry of certain data and, if the business is based in a country supported by Stripe (https://stripe.com/global), also the creation of an account on that payment platform, operated by the company of the same name. For the creation of such an account, the User will be automatically redirected to Stripe's website, where additional data and even the uploading of certain documents related to the company, its executives or its business may be required. If the business is based in a country not supported by Stripe, any additional documentation needed to verify the business may be requested directly by the Manager.

5.2. Any request made to the User by Stripe is not managed or controlled by the Platform or the Manager. The activation of the account on Stripe, which is essential to enable the User to sell on the Platform, is done according to the unquestionable judgment of Stripe and the Platform or the Manager cannot in any way intervene in this decision-making process.
The conditions of use of Stripe, which the Seller will be required to accept, can be consulted at the Stripe website at the following address: https://stripe.com/legal/connect-account.
For further information on the processing of data pertaining exclusively to Stripe, please consult the following link: https://stripe.com/privacy#personal-data-we-collect.

5.3. The User who has enabled the sales profile and created a Stripe account will not however be able to access his/her Stripe account directly, but will only be able to do so through the use of the Platform. If the User needs to update or rectify any of the data communicated to Stripe, the User may proceed through the "Profiles" page by clicking on the "Update" or "Validate" button, and will then be redirected back to the Stripe website.

5.4. Stripe and the Platform, in certain instances, may exchange certain User profile data, including but not limited to: company name, first name, last name, email, date of birth, state, province, city, zip code, address, IBAN, bank account number, bank account routing number and VAT number, in order to achieve proper alignment between the two systems. From time to time, Stripe may request additional or updated data, in which case the User will be notified by email, and the missing data may be entered using the procedure described above from the "Profiles" page.

5.5. Each Seller can use 1 TB of free space for uploading files. Any additional space can be requested to the Manager who, by evaluating the quality of the content and the quantity of sales that have already occurred, can decide whether or not to provide it.

5.6. The User who has enabled the profile to sell, by flagging "Enable for sale", if he/she no longer intends to sell, but only to buy, may ask the Manager to delete his/her account on Stripe, if previously created, since unflagging the box "Enable for sale" does not allow the deletion of the account on Stripe. The account on Stripe is only automatically deleted if the relevant profile on the Platform is deleted.

6.1. Once the profile has been enabled for sale, the User can upload the video files he/she wishes to sell using the "Upload" function of the Platform. During the upload procedure, the User must select the files and complete the forms relating to descriptions, technical characteristics, licenses and sale prices.
Alternatively, the User can upload the files via FTP (File Transfer Protocol) using the parameters that can be consulted on the "Upload" page and his/her password for access to the Platform. If the User opts for uploading via FTP, within 72 hours the User is still required to access the Platform and invoke the "Upload" function in order to select the files uploaded via FTP and proceed to enter the descriptive and technical data relating to licenses and sales prices.

6.2. The files that make up the shoot must be the same in format, codec, frame rate, etc. The files must come from a suitable camera or computer for skimming/checking functions, but the files must remain as similar as possible to how the camera generated them.

6.3. It is forbidden to use the FTP server to station files not intended for sale on the Platform. Files uploaded via FTP and not offered for sale within 72 hours may be deleted by the Manager at any time and without notice.

6.4. By uploading a video, the Seller authorizes the Manager and the Platform to publish and offer for sale the material uploaded.

6.5. The selling price chosen by the Seller for the whole video, as well as that for the single clip, must be between € 5.00 and € 100000.00, if indicated in euros, or between the corresponding countervalues, if indicated in another currency.

6.6. The Platform has been designed to accept most possible audio, video and container formats, but compatibility with any format the Seller tries to upload is not guaranteed. It is therefore possible that the files uploaded by the Seller are not correctly recognized by the Platform. In this case, an informative email will be sent to the User. Files whose type is not recognized, as well as those uploaded only partially (for example due to disconnections or voluntary interruptions of the upload by the User) will be permanently deleted by the Manager within 96 hours.

6.7. The Seller guarantees the correctness of the descriptions and technical data entered when uploading the video content and will be solely responsible to the Buyer for any mismatch between what he/she stated and the actual technical characteristics or the actual content of the videos sold.

6.8. The Manager will not be obliged to carry out any prior check on the truthfulness and correctness of the information entered. In no case the Manager will be, for any reason and towards anyone, responsible for the inaccuracy of the technical data entered or for false, incomplete or no longer true statements made by the Seller regarding the description or technical characteristics of the videos.

6.9. The Manager will generate a preview of the uploaded material with "watermark" and will inform the Seller by e-mail as soon as the clips are offered for sale.

6.10. At the end of the sale, the Seller will receive a confirmation e-mail, containing the Buyer's data, his/her e-mail address, the clips purchased and the amounts paid.
The Buyer's and transaction data will also be available from the site after the following steps:

Click on the "Account" tab
Click on "Sales Orders"
Select month and year of interest
Browse the list of sales orders

6.11. In the event that a sale involves a Buyer and/or a Seller who does not use the euro as a currency, the Platform takes charge of the appropriate conversions, ensuring that the Buyer pays in his/her currency, the Platform Manager receives commissions in euro, and the Seller receives compensation in his/her currency. Specifically, the Platform calculates the amount due in the Buyer's currency by applying the latest exchange rate available from the Bank of Italy. This amount paid by the Buyer is immediately converted into euros by Stripe and, immediately thereafter, the portion due to the Seller is converted into the latter's currency. This latter conversion is done by Stripe, if the Seller has a Stripe account and is not based in the United States, or by the Manager at the latest exchange rate obtained from the Bank of Italy, in all other cases. This entire procedure, because of fluctuations in the exchange rate and because of the misalignment that may exist between the exchange rates used by Stripe and those obtained from the Bank of Italy, may result in the Seller receiving slightly higher or slightly lower amounts than expected based on the prices chosen when uploading the videos. The Seller accepts this risk and agrees that it has no recourse against the Manager in this regard.

6.12. Each video put up for sale by the Seller remains for sale on the Platform indefinitely until one of the following circumstances occurs:

the Seller requests its removal, by clicking on the appropriate "Delete" link on the video sale page;
the Manager removes the video in the cases provided for by these Conditions;
the video is sold under an exclusive or semi-exclusive license to a Buyer.

In the event of any of the above circumstances occurring, the video will no longer be available for purchase and no one, other than the Seller and any Buyers, will be able to view the preview. However, the Platform reserves the right, if permitted by law, to keep the files stored for up to 45 (forty-five) days, in order to allow Users-Buyers to download files that they may have purchased before the prohibition to sell, to allow access to the files by the Authorities in case of disputes or alleged violations of these Conditions, to detect any fraud consisting in the re-uploading of files that are not allowed, or to be able to exceptionally recover files mistakenly deleted at the request of the User.

6.13. The Seller is given the opportunity, from his/her profile management page, to activate an option called "Allow mediaCastpro to choose the prices of your videos". If the Seller activates this option, he/she agrees that his/her videos may be sold at different prices than those he/she indicated when uploading. However, the Manager assures the Seller that if sales are made at prices different from those indicated, the price charged for each video clip (excluding VAT and taxes) will never be less than US $ 20 or a corresponding amount in another currency.
The Seller is also given the opportunity, from his/her profile management page, to activate an option called "Allow mediaCastpro to apply discounts if a user purchases more than one video from your shop in a single order". If the Seller activates this option, he/she agrees that, in the case of orders containing multiple clips, discounts of up to 50% may be applied. The simultaneous activation of both options makes it possible for some clips to be sold for less than US $ 20.

6.14. Any video and release files uploaded by the Seller may not be downloaded, except upon proper purchase.

6.15. In some circumstances, the Seller may opt to use a simplified upload procedure, which will show some data already pre-filled, based on previously uploaded videos or based on values that the Manager considers most commonly used. Despite the fact that some data are already pre-filled, the Seller is still required to check their veracity and modify them where necessary.

6.16. The Manager may modify certain metadata of the videos uploaded by the Seller in order to improve their searchability by Buyers. Specifically, the Manager will be able to edit categories, add tags, and change the type of video.

7.1. The sales licenses that the Platform adopts are as follows:

Standard license: this license allows all or parts of the video footage to be sold to multiple buyers. Each Buyer is aware that the same video could be used by other users.
Exclusive license: this license allows the entire video footage to be sold only to one buyer. The Buyer is guaranteed that only he/she may use the purchased video. The Seller who enables the exclusive license on one of his/her content guarantees:
- to be the sole owner of the video footage in question and never to have transferred it to third parties, not even partially;
- not to give the video footage, or parts of it, to third parties as long as it is for sale on the Platform;
- that, once the sale has taken place with an exclusive license, he/she agrees to delete the video footage in his/her possession and not to transfer it to others, not even partially.

In the event that the Seller enables both licenses (standard and exclusive) on the same video footage, the Buyer will choose the one he/she prefers at the time of purchase. In this case:

if the first sale is made with an exclusive license, the video footage will no longer be available for further purchases;
if the first sale is made under a standard license, the possibility of further purchases under an exclusive license will be inhibited. However, future purchasers will be allowed to select a special semi-exclusive license as an alternative to the standard license. In the case of a semi-exclusive license, the video footage will no longer be available for further purchase, but the semi-exclusive licensee is aware that other users may have already purchased those videos in the past and may therefore have the right to use them. As in the case of exclusive sales, also in the case of semi-exclusive sales, the Seller is obliged to delete the clips and not to sell them to others.

7.2. The Buyer has the right to use the purchased videos in an unlimited number of projects, with no time limit, no limit on distribution channel or audience size, no need to name the Platform or Seller from which the videos were purchased, and no need to pay any additional fee.

7.3. The Buyer may use the purchased videos for editorial purposes, such as to accompany news reports. In these cases, the Buyer is not allowed to edit the videos in a way that alters the filmed situation.
The Buyer is also entitled to use the purchased videos for commercial purposes, such as to market, promote, sell, or advertise a product, service, or business, only if the videos meet all of the following conditions:

a release is available for each person recognizable in the videos;
a release is available for each property or artwork featured in the videos;
the videos do not infringe on any intellectual property;
no logos, trademarks or company names are visible in the videos.

It is the Buyer's responsibility to ensure that all of these conditions and any other conditions imposed by current regulations are met. In order to facilitate this assessment, the Manager makes available, based on the information provided by the Seller, an "Info" panel, for each video, in which the presence of any releases is indicated. The indication "Commercial usage allowed", present in such "Info" panel and valued on the basis of the indications provided by the Seller, is only a rough indication inserted in order to improve the searchability of the videos, but the real evaluation of the usability of the videos for commercial purposes must be made by the Buyer, also on the basis of how he/she intends to realize the finished video. The Buyer, even if he/she has purchased videos that do not meet the above requirements, may modify them, obscuring people, logos, trademarks or other elements, so that they are also usable for commercial purposes.

7.4. Buyer is not allowed to use the purchased content by portraying the persons depicted in the videos (the "Models") in a manner that a reasonable person would find offensive, including, but not limited to, portraying the Models:

in connection with pornography, adult videos, adult entertainment venues, escort services, dating services, or the like;
in a political context, such as promoting, advertising, or endorsing any party, candidate, or elected official, or in connection with any political policy or viewpoint;
as if they were suffering from or treating a physical or mental disorder;
as if they were engaged in immoral or criminal activity.

The Buyer is not allowed to use the purchased content in pornographic, defamatory or deceptive contexts, or in ways that could be considered defamatory, obscene or illegal.

7.5. Purchased video footage may be resold or transferred to third parties by the purchaser, either within the Platform (after re-uploading) or outside it, only if purchased under an exclusive or semi-exclusive license. In the case of purchase under a standard license, content cannot be resold or transferred to third parties, as purchased, by the Buyer, either inside or outside the Platform. However, resale and transfer to third parties of finished video projects that include the purchased video footage or part of it are permitted.

7.6. Video footage purchased under a standard license remains the property of the Seller and the Buyer may use it only in compliance with the relevant license. If the Buyer sells or transfers finished video projects that include the purchased video footage or any part thereof, it is the Buyer's responsibility to inform the receiving party of the sales license applied.

8.1. For each video uploaded to the Platform, the Seller declares and guarantees:

that he/she owns all necessary ownership and copyrights;
that all clips of the uploaded video are usable for editorial purposes and, if indicated at the time of upload, also for commercial purposes;
that the uploaded content does not violate the rights of third parties, including intellectual property rights or rights related to the image and privacy and data protection of the portrayed subjects;
that, for the persons portrayed and identifiable, the Seller has obtained signed release, in the cases provided for by law;
that the videos do not have pornographic, defamatory, illegal, discriminatory or immoral content, also in relation to minors;
that, if minors are filmed in the videos, in the absence of appropriate releases issued by parents or legal guardians, they will be made unrecognizable by means of appropriate blurring techniques;
that with the upload of the video he/she authorizes the company netMtech to publish, transmit and disseminate, communicate, modify (limited to transcoding, resizing and insertion of watermarks or other technological protection measures) and archive (suspension and deletion in the cases provided for), granting the company the rights of economic exploitation;
that the Manager shall not have the burden or obligation to request and obtain licenses/releases from third parties regarding the video content uploaded by the Seller.

8.2. The Manager of the platform, following the receipt of communications from third parties about possible unlawfulness of the video content or infringements of copyright, image rights, privacy rights and data protection regarding the ownership of the video and the portrayed subjects, reserves the right to suspend the sale, obscuring the video or removing the content. The Seller will be held responsible for any ascertained violation concerning the content of the uploaded video.

8.3. In the event that notices of illegality are provided by judicial or administrative authorities, the Platform Manager, in compliance with the notices received, will obscure the video or remove the files.

8.4. As a result of the above, no claim for damages can be made against netMtech srl for the obscuration and removal of the video material with consequent suspension and/or cancellation of the sale.

8.5. It will be the responsibility of the Seller to report through the appropriate form the presence of videos containing strong images that may offend the sensitivity of the User.

8.6. Uploaded videos are sold to be used for editorial purposes. If they are sold to be used for commercial purposes as well, the Seller, by explicitly enabling this possibility during upload, guarantees that the videos and all clips of which they are composed meet all requirements for commercial use. If the Seller holds any permissions/releases relating to persons, trademarks, logos, properties, or works of art featured in the clips and videos it is the Seller's responsibility to upload them, when requested by the Platform, so that they can be downloaded by buyers who request them.

9.1. The Buyer, after having chosen the material of his/her interest and the license among those available, will be able to insert the material in the "cart".

9.2. It is the Buyer's responsibility to make sure that the contents of the videos that are about to be purchased, visible thanks to the previews, correspond with what is desired, regardless of any errors or inaccuracies in their description. Therefore, the Buyer waives any claims for refunds or damages, either against the Manager or against the Seller, in the event that the clips purchased have contents that do not correspond to the published metadata or have defects and such anomalies were already readily apparent in the preview viewable prior to purchase.

9.3. The contents of the cart are divided by each Seller. Videos or clips purchased from different Sellers will be inserted in different orders with consequent separation of the payment phase of the relative amounts.
At the end of the choice of the material of interest, the Buyer, after verifying that the content of the "cart" corresponds to what has been decided to purchase, will be able to proceed, for each order, with the payment of the amount due.

9.4. It will not be possible to finalize purchase orders that have a total amount, excluding VAT and taxes, of less than € 5.00 or the corresponding equivalent value in the currency of the order.

9.5. The netMtech company, for the management and processing of the payments related to the purchases made, uses the payment platform managed by the Stripe company (https://stripe.com). The payment of the video material that the User intends to purchase may be made by debit or credit card. The positive outcome of the payment, confirmed by a pop-up window, will indicate the conclusion of the sales contract. At the end of the payment, the Buyer will have 30 days to download the video files, after which access to the files will be inhibited.

9.6. If the Buyer needs to download or view the releases associated with a video that he/she has purchased, he/she must send a request to the Manager, accompanied by a detail of the dispute or the reasons why he/she needs them, within 3 (three) years from the purchase, by e-mail to support@mediacastpro.net or by using the appropriate "Contact us" form within the Platform. If the request is complete and justified, the Manager agrees to provide releases within 7 (seven) business days of its receipt.

9.7. In order to download the purchased files, the User can use the appropriate links on the "Purchased Media" page or use the FTP server using the parameters described on the same page. If the User wishes, he/she can, from the "Profiles" page, enable the download of purchased files through "external downloaders". This option, which applies to all the files already purchased or that will be purchased in the future, allows the download links, accessible from the "Purchased Media" page, to work even from external or internal browser programs that do not have an active session on the Platform. This setting reduces the security of the profile and should only be activated if it is really necessary.

9.8. If Buyer has chosen to purchase some videos not in original quality but in a reduced quality, Buyer agrees that these files may take up to 20 minutes, from the time of payment, to be generated and thus be downloadable.

9.9. Within 7 (seven) days after the sale, the Platform Manager will send the relevant invoice to the Buyer by e-mail.

9.10. It is the Buyer's responsibility to respect current regulations and the selected sales license in the use he/she intends to make of the purchased videos.

10.1. For each User-Seller profile that has made at least one sale during an Italian calendar month, the Platform Manager will, by day 3 (three) of the following month, calculate the amount due to the Seller for all sales that took place in the previous month and publish this amount on the "Balance / Bank Transfers" page.

10.2. The amount due to Seller is calculated by summing all net amounts (i.e. exclusive of VAT and taxes) paid by Buyers for his/her clips, each of which is preliminarily reduced by the sales commissions agreed with the Seller. In the absence of a specific agreement, sales commissions are 25% for Sellers in the euro zone and 30% for Sellers outside the euro zone. All exchange rates that may be involved, from Buyer's currency to the euro and from the euro to Seller's currency, are determined by Stripe at the time the transaction is made or obtained from the Bank of Italy (see Section 6.11 of these Conditions for more details).

10.3. Within 10 (ten) days after the amount due is posted, the Seller shall issue an invoice for that amount to the Platform Manager and submit it using the appropriate form on the "Balance / Bank Transfers" page.

10.4. Upon receipt of the invoice from the Seller, the Manager will, within 7 (seven) days, make a transfer to the Seller for the balance of the invoice.

10.5. If the Seller is a non-resident of Italy, no tax or withholding shall be applied in the invoice sent to the Manager, and the amount due shall be exactly equal to the amount due as published on the "Balance / Bank Transfers" page. Any implications of taxation shall be borne by the Seller.

10.6. If the Seller is resident in Italy, the amount due published on the "Balance / Bank Transfers" page is to be considered as the taxable amount, on which a VAT rate and/or withholding, if necessary, may be applied and reported on the invoice. The bank transfer issued by the Manager in favor of the Seller will take into account these amounts and may therefore be higher or lower than the amount published on the "Balance / Bank Transfers" page.

10.7. If the Seller is resident in Italy and intends to apply INPS recoupment to invoices issued to the Manager, it may do so provided that it reduces the taxable amount on the invoice until that amount added to the INPS recoupment amount equals the amount due as published on the "Balance / Bank Transfers" page.

11.1. The sale contract with the Seller shall be considered completed only after the payment has been successfully verified. If for any reason the payment is not successful (e.g. due to lack of coverage, incorrect credit card number or reaching the credit card limit), the contract shall not be considered valid and shall not produce its effects.

11.2. Once the contract has been concluded, it is not possible to cancel it or to request a full or partial refund.

11.3. It is not possible to withdraw from the contract for the purchase of digital content via a non-material medium once the download has begun.

11.4. If the Buyer detects defects in the purchased videos or inconsistencies with what is described by the Seller on the sales pages, he/she may file a complaint with the Manager within 2 (two) days of the purchase, by e-mail to support@mediacastpro.net or by using the appropriate "Contact us" form within the Platform. The Manager, if the complaint turns out to be well-founded, may exceptionally cancel the order by issuing a refund: in this case, the Seller cannot object to this procedure and the Buyer must provide a self-declaration guaranteeing that he/she has deleted and never used the content for which the refund was issued. If the Buyer has already used the purchased content or at least 2 (two) days have passed since the purchase, a refund cannot be requested.

11.5. Once the contract is concluded, an email is sent to the Buyer and one to the Seller containing the data of the order and of the two parties. Both parties, in any case, will have access to all the information regarding the order and the conditions applied by accessing the Platform with their own credentials, and will be able to check the status of the order.

12.1. It is expressly forbidden to circumvent or remove, or any attempt to circumvent or remove, the technological measures applied by the Manager on the videos (such as watermarks), following their upload, in order to make them protected, identifiable or traceable.

12.2. Any violation of this prohibition will be prosecuted according to law.

12.3. The videos, once purchased, can be downloaded without the technological measures mentioned above.

13.1. Subscriptions are provided and made available to all Users to enable additional features. From the "Optional" page, the User can view all the subscriptions that can be activated with the relative fees, payment methods and characteristics.

13.2. The management of payments for subscriptions is delegated to the Stripe platform (https://stripe.com).

13.3. The User may activate, modify (if applicable) or deactivate subscriptions at any time from the "Optional" page, with the exclusion of periods during which ordinary or extraordinary maintenance is being carried out, and with the exclusion of the period between 23:00 UTC on the last day of each month and 10:00 UTC on the first day of the following month. During this time period, automatic renewals of subscriptions are processed and no changes can be made.

13.4. All subscriptions are taken out on a non-refundable pre-payment basis, so any cancellations or downgrades will only take effect from the next renewal period.

13.5. Monthly subscriptions are automatically renewed on the first day of the month. Annual subscriptions do not have any renewal and cease automatically after one year from the day of activation.

13.6. The Manager will issue an invoice for the amounts paid for the subscriptions within 7 days of payment of the same.

13.7. In case of automatic renewal, if the payment is not successful, the subscription will be immediately deactivated. It is not advisable to create monthly subscriptions with automatic renewal by relying on credit or debit cards that require authentication for each payment, even if this is a renewal of an existing subscription, as the subscription may be automatically deactivated if the payment of the first renewal fails.

13.8. Upon deactivation of a Subscription, whether explicitly requested by the User or automatic, e.g. as a result of a failed payment, all additional features provided by the Subscription will immediately cease to be usable.

13.9. With the "Corporate" subscription (described under the following link: https://www.mediacastpro.net/optionalmodify?type=corporate) the profile owner can share the profile with other accounts which can be traced back to other people but all work for the same company. In this case the holder of the "Corporate" profile can prevent the creation of other profiles to the holders of the accounts he/she has shared the profile with. At the request of the holder of the "Corporate" profile, the Manager may ban accounts that do not comply with this provision.

13.10. With the "Corporate" subscription, the holder is entitled to ask the Manager if there are other profiles related to the same business.

The Platform allows potential Buyers to search for content uploaded by Sellers, either through free text searches or through searches with additional parameters. The order in which the search results are displayed is calculated by an algorithm that objectively assesses the consistency of each video with what the User is looking for, except for Sellers with an active Premium subscription, which will benefit from a better ranking.

15.1. The Platform will send an email to the User whenever an event occurs that may be of interest to the User, such as, but not limited to, a change of access password, the offering for sale of content or the completion of an order of which the User is a seller or buyer.

15.2. It is up to the User to modify his/her preferences for receiving emails, activating or deactivating the events for which he/she wishes to receive emails. For some events it is not possible to deactivate the sending of e-mails, as they are particularly relevant for security purposes such as, for example, changing the password or e-mail associated with the account or profile.

The Manager, the Seller and the Buyer undertake to:

to apply to their computer systems and, therefore, to all telematic communications, the procedures and security measures considered appropriate, at the state of technical, computer and telematic knowledge;
to avoid the risks of unauthorized access, tampering, delay in recording or processing, destruction and loss of information and/or data transmitted.

17.1. The Users in using the Service offered undertake to:

not to violate any provision of applicable law;
not to use the Site, the Platform and the Service offered for an illicit purpose or illegal activity or for any commercial or other purpose that is not expressly permitted by these General Conditions;
not to use the messaging system or video request page for any purpose other than to request and/or exchange information regarding the sale and purchase of audiovisual content;
not to perform any act that may damage the image and/or reputation of netMtech srl;
not to copy, store or otherwise access or use any information contained in the Site, the Platform or the Contents for purposes not expressly provided for in these Terms and Conditions;
not to copy, record, publish or disseminate outside the Platform previews of content uploaded by Users, except with prior permission from the Manager;
not to copy, publish or disseminate outside the Platform information about members, their work and uploaded content, including the content of messages and video requests;
not to interfere with or damage the Site, the Platform or the Service offered through the use of, but not limited to, viruses, cancelbots, trojans, malicious code, flood pings, denial-of-service attacks, backdoors, IP spoofing, spoofed routing, email address information, or similar methods or technologies;
not to use the Site or the Platform with the intent to engage in "spamming" techniques;
not to use automatic data extraction or acquisition methods or devices (such as "data mining", "robots", etc.), except as explicitly permitted by the "robots.txt" file for the sole purpose of indexing the site in search engines;
not to carry out repeatedly and at very short distance operations that require a considerable amount of resources or that could generate unnecessary data traffic, without any real necessity, such as, purely by way of example, creation of accounts or profiles, creation of orders, login attempts or uploading of videos;
not to "reverse engineer" or decompile parts of the site.

17.2. The Users declare and guarantee that all the information provided to the Manager for the purpose of providing the service is accurate, up-to-date, complete and true and will therefore be solely responsible in the event that their statements prove to be false, incomplete or no longer true.

17.3. Users agree to defend, indemnify, and hold harmless netMtech srl from and against any and all claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to their conduct, use of the Site, total or partial violation of the Terms of Use of the Marketplace or any statement or undertaking contained herein, unauthorized use of the Content, or infringement of another person's rights.

18.1. If the User should become aware of rights violated by any content, material or illegal activity on the website, or of any activity that violates these Terms, he/she can notify it to the e-mail address support@mediacastpro.net or by using the appropriate form at the following link https://www.mediacastpro.net/messages-and-support?support=1 indicating:

a description of the material that violates rights and the directions to find it on the website;
the reasons why the User believes that the material infringes rights and the evidence in support of what he/she claims;
a description of the activity that violates the Marketplace Terms;
a statement that the information contained in the communication is true and correct;
the contact details of the person making the report.

The Manager will take the report of an alleged violation and will take the actions it deems appropriate.

18.2. The Manager shall not be liable for claims of intellectual property infringement in connection with the content uploaded by the Seller. All claims and legal actions shall be brought against the Seller.

18.3. In any case the Manager, while waiting for further clarifications and/or information, reserves the right to suspend the sale of the contested video material.

18.4. In case the User believes that the sale of his/her content has been suspended or the uploaded videos have been removed without a justified reason, he/she can send a written counter-notification in the manner indicated above, containing:

the identification of the content that has been removed;
the reasons and evidence to support the ownership of the rights and the non-violation of any rules;
a statement that the information contained in the communication is true and correct;
the contact details of the person making the report.

19.1. Without prejudice to all rights, in the event of a breach of these Conditions, the Manager may, alternatively and at his discretion:

send one or more formal notices;
temporarily suspend access to the Platform;
permanently prohibit access to the Platform;
take legal action for breach of contractual obligations.

19.2. The User using the services offered by the Platform agrees to indemnify and hold harmless the Manager from all damages, compensation and expenses (including legal fees) arising from or in connection with any violation of the Conditions herein.

Without prejudice to the Manager's disclaimers set forth in the various sections of these Terms, the Manager shall not be liable in any way to Users, Sellers and Buyers:

for any incomplete, false or incorrect statements made by Users;
for any commercial or economic loss, including (without limitation) lost profits from unsuccessful business, contracts, or commercial opportunities;
for any errors in the manner in which video content is described, including descriptions in video metadata;
for any loss, non-conclusion of the buying or selling contact, failure to download the purchased content, resulting from facts and events beyond the reasonable control of the Manager, i.e. resulting from unforeseeable circumstances or force majeure;
for any use of the videos contrary to law;
for any removal, blocking, dissemination, communication, prohibition of sale/purchase of videos made or ordered by the Judicial Authorities and the Police for the purposes of investigation and prosecution of crimes;
for any communication that the Company must make at the request/order of the Judicial Authority or Law Enforcement regarding information on accounts and economic transactions of members.

The Manager reserves the right to remove content uploaded by Sellers, in addition to the cases already provided for, if one of the following conditions occurs:

The User is using more space than he/she has available.
The footage in question does not meet the quality standards of the Platform.
The video has a selling price that the Manager considers too high.
Redundancy of topics and/or genres and/or events.
Any other reason deemed appropriate by the Manager, subject to prior notice to the Seller.

netMtech reserves the right to modify, improve and delete the functionality of the Platform at any time, without this entitling the Users to any form of compensation or indemnity for the mere fact that there have been changes and deletions; as far as possible the company will ensure that Users are adequately informed about the changes made to the main functionality of the Platform.

The Manager reserves the right to update these Conditions at any time. The changes will be effective from the moment they are published, after a transitional period that will be communicated by email.
The use of the Services by the User following the changes constitutes acceptance of the updated Conditions.

24.1. The User may delete the account or profile at any time. Deletion of the account or profile will not affect sales and purchases made previously. Obviously, the user, before the deletion of his/her account or profile, must ensure the fulfillment of contractual obligations assumed (payment of consideration and sending the invoice).

24.2. The User can proceed independently to delete his/her account or profile from the "Account" page. For technical reasons, it is not possible to delete an account via the "Account" page if there are still active profiles associated to it. On the other hand, again for technical reasons, through the "Account" page, it is not possible to delete a profile if at least one of the following conditions is met:

the Seller has material for sale;
the Seller's balance, which has yet to be transferred by bank transfer to his/her bank account, is greater than zero;
the Seller has active subscriptions;
the Seller profile is shared by several accounts.

24.3. The User can resolve these issues by logging into the Platform and/or waiting for the technical time (for example, waiting until the 10th of the following month for the balance to be cleared).

24.4. If the User, in the presence of any of the above obstacles, needs to immediately close his/her account or profile, he/she may contact the Platform Administrator who will directly proceed to close the account and/or profile as soon as possible, as per the User's request, taking all necessary actions (e.g. removing content for sale, cancelling subscriptions or making an advance transfer).

These General Conditions are governed by and interpreted in accordance with Italian law.
The Parties agree to submit to the exclusive jurisdiction and competence of the Court of Genoa, in relation to any dispute or question that arises against netMtech srl arising from these Terms and Conditions.