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TERMS AND CONDITIONS


1. INTRODUCTION
The present terms and conditions (hereinafter, ''T&C'') are agreed between each Provider of audiovisual material and the Greek company ''DIGITAL MINDS'' with registered seat in Athens, Greece (hereinafter, ''DM''). The T&C also subject to (a) the Privacy Policy and (b) the Age Verification Policy.
The Provider is invited to read carefully all the above and provide DM with the audiovisual material only after having fully accepted the T&C.
The T&C may be modified at the discretion of DM for different reasons. All modifications will be published here. The latest T&C will be always available, so if the Provider continues to use the modified T&C following the date of application of the last modifications, it will be assumed that the Provider has accepted these modifications.



2. DEFINITIONS AND WHEREAS
DM: DM is a company specialized in the provision of online marketing and advertising services. On the scope of the above business activities, DM undertakes the management and development of online services regarding several websites and platforms, such as Youtube. DM has the know-how of the management and development of the online services of Google Ιreland Limited (hereinafter, ''Google'') and is included among the Google's co-operating agencies.
Audiovisual Material: Any kind of audio, visual or audiovisual material, transmitted in the above websites and platforms, either owned or legally used by the Provider.
The Provider: The person, above 18 years old, who either owns or legally uses the audiovisual material, and accepts the provision of the said audiovisual material to DM for further exploitation after receiving the agreed fee.
WHEREAS DM – based on its co-operation with Google – provides Google with a non-exclusive license, which includes (among others) the use, exploitation, storage, management, presentation to the public of audiovisual materials, either owned or controlled by DM, that include YouTube videos, according to the specific terms of the sound recording and audiovisual content license agreement, signed between DM and Google.



3. PROVISION OF THE AUDIOVISUAL MATERIAL
3.1 The Provider may provide DM with audiovisual material. The copyright of the audiovisual material is either owned or used in a lawful way by the Provider, such as following the granting of a license.
3.2 DM is entitled to use the provided audiovisual material at its discretion and only after the Provider has accepted the said T&C and is in no way obliged to accept any kind of audiovisual material, provided by the Provider as per para. 3.1. This means, that the following steps have to be taken prior to the conclusion of a co-operation between DM and the Provider:
➢ Firstly, DM will receive some primary contact data of each Provider through a communication form (to be found in its website)
➢ DM will check the said contact data
➢ DM - at its solely discretion - will contact those Providers, who might have an interesting audiovisual material for further use.
➢ These Providers will have to complete and return to DM a PDF-datei, which includes the T&C.
3.3 Following the above steps the co-operation between DM and the Provider begins, i.e the Provider grants to DM the explicit right to use, exploit, manage, present the said audiovisual material in any way, that it makes possible the presentation to the public, the downloading, storage, use of the said audiovisual material to the online platforms (e.g You Tube), according to the above sound recording and audiovisual content license agreement.
Furthermore, the Provider hereby accepts the fact that the management of its channel is being transferred to DM's management system.
3.4 The above co-operation has a duration of two (2) years and may be terminated or extended as per para. 10.
3.5 The Provider upon filing the T&C PDF-datei will provide DM with some mandatory personal data, such as (including but not limited) full name, email account, entire address, date of birth and bank account details (''Data'').
3.6 DM reserves the right to exclude Providers with fake or inadequate Data. Upon request of DM, the Provider is obliged to present satisfactory evidence of his identity, such as an ID or passport copy.

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4. PRIVACY POLICY – PERSONAL DATA
4.1 The personal Data (identifiers, such as name, surname, birth date, email address) that will be notified by the Provider to DM upon provision of the audiovisual material, will be proccessed and stored by DM and its employees.
4.2 DM maintains with severeness a certain safety policy, uses the most updated techniques regarding the collection of personal data and complies with the current Greek and ΕU legislation.
4.3 By providing the audiovisual material, the Provider acknowledges that he/she has read and accepted the terms of this Privacy Policy. If the Provider does not wish to disclose the Data to DM, the Provider will not be able to provide DM with audiovisual material.
4.4 DM will never send the Provider - without his/her approval - any kind of advertising material/offers of third parties, unless DM is instructed to do so by law. DM has no warranty, if the personal data, stored in its registers, are either collected or processed illegally and if due to the said unlawful action, which did not occur intentionally or because of gross negligence of DM and its employees, the subjects of the personal data suffer a moral or property damage.
4.5 DM is entitled to use the Provider's Data in order to inform him/her - for marketing purposes - about its services.
4.6 DM preserves the right to transfer the Prodiver's Data in case of its partial or total purchase, merger with another company or bankruptcy.

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5. AGE VERIFICATION POLICY
Upon accepting the present T&C the Provider accepts and verifies that he/she is above 18 years old. DM is entitled to ask for evidence regarding the Provider's age (such as copy of passport or ID) and not accept the provision of the audiovisual material in case of non-submission of this evidence.

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6. COPYRIGHT
6.1 The Provider explicitly guarantees that all copyright and related rights regarding the audiovisual material, transferred hereby to DM for further exploitation, are owned or legally used by means of a license -or any other – agreement by the Provider. Furthermore, the Provider guarantees that the said audiovisual material is free from third party claims and/or burdens and that the further transfer to DM is done at a lawful way.
6.2 The Provider undertakes the sole responsibility for any future claim, which may arise, due to the transfer of the audiovisual material to DM and has to compensate DM in case of legal proceedings against DM regarding the transfer/use of the provided audiovisual material.

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7. LIMITATION OF DM's LIABILITY
7.1 The provision of the audiovisual material is under the Provider's risk. DM does not guarantee the uninterrupted provision of the audiovisual material and is not responsible for any damage occurred due to any virus, which may affect the Provider's computer, or due to unlawful acts of third parties.
7.2 The Provider is exclusive responsible for any copyright issue or claim regarding the provided audiovisual material to DM, as stated under para. 6.2 above. DM maintains the right to initiate legal proceedings against the Provider if it becomes aware, that the provision of the audiovisual material is done in an unlawful way, i.e if the Provider has no right for further transfer of the audiovisual material.
7.3 DM is not liable for the content of the audiovisual material, as long as it not violent, pornographic, racist, or contrary to the moral standards and ethics.
7.4 DM is not liable if the Provider has provided wrong bank account details.

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8. OBLIGATIONS OF DM
DM is obliged to undertake the management of the provided audiovisual material in good faith.

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9. PROVIDER'S FEE*
9.1 The Provider's Fee will be a certain percentage, resulting from the advertising profits of the Provider's channel. In particular, the Provider's Fee will amount to 75% of the advertising profit (incl. VAT) of the previous month and will be paid by DM at the end of next month. DM will receive the percentage of 25% (incl. VAT) of the above advertising profit.
9.2 The Provider's Fee is to be paid to the bank account, notified by the Provider as per para. 3.4 above. The Provider is charged with transfer fees, if any.

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10. TERMINATION OF THE PROVISION/ACCEPTANCE OF AUDIOVISUAL MATERIAL
10.1 TERMINATION BY THE PROVIDER
➢ The Provider has the right to terminate the further provision of audiovisual material two (2) years after the return of the accepted T&C to DM, by sending an e-mail to DM one (1) month prior to the expiry of the 2-year period.
➢ If the Provider does not send the termination e-mail within the above deadline, DM will sent to the Provider a new PDF-datei, including new T&C, on the scope of a mutual extension of their co-operation for further two (2) years.
➢ However, if the Provider wishes to terminate the co-operation before the expiry of the two (2) years, the Provider has to address an e-mail to DM (notice of termination) one (1) month prior to the expiry of the two (2) year period and DM has to grant its consent in written form. If DM does not grant its consent, the prior termination will not be valid.
10.2 TERMINATION BY DM
➢ DM is entitled to terminate the acceptance of the provision of the audiovisual material at its discretion and without a notice to the Provider.
➢ Moreover, DM preserves the right to claim damages, take any legal action against the Provider, deny the acceptance of provided audiovisual material by the Provider and/or delete previous provided audiovisual material by the Provider if any of the following violations occurs by the Provider: deception, fraud, criminal activity, cause of economy or other damage to DM, breach of copyright rights and/or breach of the said T&C.

11. COMMUNICATION
If the Provider wishes to submit a question or notify something to DM, an email is to be sent to the following email address, info@digitalminds.gr

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12. WAIVER
12.1 If DM does not insist on the exact and severe fulfillment of any of the Provider's obligations, this shall in no way mean that DM waives from its rights or allows the Provider not to comply with the said obligations.
12.2 Any kind of right waiver by DM regarding the T&C, does not mean a future waiver from any other (present or future) right.

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13. ENTIRE AGREEMENT
13.1 These T&C constitute the entire agreement between DM and the Provider.
13.2 If any provision of the T&C is held in the future to be invalid, illegal or unenforceable, such provision shall be severed from the T&C to the extend, which is required by law, and all other provisions shall remain in force unaffected by such severance.

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14. JURISDICTION – APPLICABLE LAW
All disputes arising out of or in connection with the T&C shall be referred to the exclusive jurisdiction of the courts of Athens. The present T&C shall be governed by Greek Law.​



*Updated March 10 2013