TERMS OF SERVICE

Introduction

Thank you for using the SOEN platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to discover, watch and share 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. We provide lots of information about our products and how to use them in our Help Center. Amongst other things, you can find out about SOEN Kids, the SOEN Partner Program and SOEN Paid Memberships and Purchases. You can also read all about enjoying content on other devices like your television & your games console.

Your Service Provider

The entity providing the Service in the United Kingdom is Aberrant Ventures (referred to as “SOEN”, “we”, “us”, or “our”). References to SOEN’s “Affiliates” in these terms means the other companies within the Aberrant Ventures. corporate group.

Applicable Terms

Your use of the Service is subject to these terms, the SOEN Community Guidelines and the Policy, Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on SOEN Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content.

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?

Age Requirements

You may use the Service if you are at least 13 years old; however, children of all ages may use the Service and SOEN Kids (where available) if enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are under 18, you must have your parent or legal 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. You can find tools and resources to help you manage your family’s experience on SOEN (including how to enable a child under the age of 13 to use the Service and SOEN Kids) in our Help Center and through SOEN’s Family Link.

Businesses

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that 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 (collectively, "Content”). Content may be provided to the Service and distributed by our users and SOEN is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us.

SOEN Accounts and SOEN Channels

You can use parts of the Service, such as browsing and searching for Content, without having a SOEN account. However, you do need a SOEN account to use some features. With a SOEN account, you may be able to like videos, subscribe to channels, create your own SOEN channel, and more. You can follow these instructions to create a SOEN account.

Creating a SOEN channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists. Here are some details about how to create your own SOEN channel.

To protect your SOEN account, keep your password confidential. You should not reuse your SOEN account password on third-party applications. Learn more about keeping your SOEN account secure, including what to do if you learn of any unauthorised use of your password or SOEN account.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The SOEN Kids Privacy Notice provides additional information about our privacy practices that are specific to SOEN Kids.

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the SOEN Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show SOEN videos through the embeddable SOEN player.

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 specifically permitted by the Service; (b) with prior written permission from SOEN and, if applicable, the respective rights holders; or (c) as permitted by applicable law; circumvent, disable, fraudulently engage, or otherwise interfere with 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) except: (a) in the case of public search engines, in accordance with SOEN’s robots.txt file; (b) with SOEN’s prior written permission; or (c) as permitted by applicable law; collect or use any information that might identify a person (for example, harvesting 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 (spam); cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics; misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; run contests on or through the Service that do not comply with SOEN’s contest policies and guidelines; 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 in the Advertising on SOEN policies (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 SOEN videos are the only content of value).

Reservation

Any right not expressly granted to you in this Agreement remains the right of SOEN or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

Develop, Improve and Update the Service

SOEN 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. When the Service requires or includes downloadable software (such as the SOEN Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of theService or if we stop offering any part of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your SOEN Account using SOEN Takeout, subject to applicable law and policies.

Your Content and Conduct

Uploading Content

If you have a SOEN channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to SOEN and other users of the Service, as described below.

Licence to SOEN

By providing Content to the Service, you grant to SOEN a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

Licence to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

Duration of Licence

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require SOEN to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

Right to Monetize

You grant to SOEN the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be entitled to receive from SOEN under any other agreement between you and SOEN (including for example payments under the SOEN Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, SOEN will withhold taxes from such payments.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By SOEN

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to SOEN, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for SOEN or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, SOEN or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.