Account and registration
Publication of information
License to other users
Availability and maintenance
Liability of Headsub
Duration and termination
Adaptation of these terms
Headsub is an online service for bringing video effects designers in contact with video effects users. Headsub is brought to you by Duracom, the Netherlands (Chamber of Commerce 01129031, Leeuwarden).
All video effects are templates featuring dynamic elements that can be edited by using a webform. Headsub does not offer the original template files for download. Instead it renders the result and offers it as a video download ready for use in your video editor or for uploading to a video sharing site.
In order to use the Headsub service, you must create an account first. During this process you must provide certain personal information about yourself or the company or organization you represent. You represent and warrant that this information is correct. If you are registering on behalf of a company or organization, you further represent and warrant that you are authorized by that company or organization to do so.
Headsub will provide you access to your account using a username and password. You can choose the username yourself. However, a username may not contain false or misleading information regarding your legal status or affiliation with Headsub or any other party. Use of third-party trademarks in your username is permitted only if you are an authorized licensee of that third party.
It is your responsibility to keep the password private from others. Headsub is not responsible for any misuse of the password and is entitled to assume that anything that occurs using your username is under your supervision and risk. If you suspect that a third party has gained access to your password or account, you must inform Headsub as soon as possible so Headsub can take appropriate steps to prevent or stop abuse.
You may use at most one account at any time. If Headsub can reasonably conclude that you have multiple active accounts, Headsub can temporarily suspend some or all of these accounts until you can provide proof that you are not operating these multiple accounts.
Using your account you can publish templates, comments to templates and a profile of yourself or a company or organization you represent. You are solely responsible for the content thereof, but any content you publish must be in accordance with Dutch law and the provisions of this article.
Templates, comments and profile content may not contain text, images, audio or other information that
- is defamatory, libelous, harassing, threatening, pornographic, racist, homophobic or otherwise objectionable;
- contains malicious code, e.g. spyware or viruses, or hyperlinks to external websites that provide such malicious content;
- encourages illegal activities of any kind, including incitement to hatred towards persons or groups and pyramid schemes, Ponzi schemes or multi-level marketing systems;
- creates the false impression that you are working for Headsub or any company or organization or otherwise are authorized to speak on their behalf;
- incorporate materials (other than fonts) with third party copyrights, neighboring rights or similar rights, unless the materials are licensed by another Headsub template designer to you or qualify as a parody, quotation, minimal use or other exception to Dutch copyright law (please note: “fair use” does not exist in this law);
- incorporate fonts with third party copyrights, unless the fonts are licensed under a royalty-free license that permits commercial reuse of the type exercised by Headsub and its users;
- contains third-party trademarks or products protected by a design right or trade dress, unless the use qualifies as a referring use or is otherwise legal under applicable trademark, trade dress or design right law;
- violates the privacy of other members, Headsub employees or third parties; or
- creates disproportionate stress or load on the servers used for the Headsub service.
Headsub has published the Headsub Content Community Guidelines that provide more detailed information about what is and is not permitted in templates. Please read these carefully, as your template(s) must comply with the HCCG. From time to time Headsub may update the HCCG.
Headsub is not liable for any damages you may suffer as a result of its actions under this article. Furthermore, you agree to fully indemnify Headsub for any third-party claims alleging that information you publish on the Headsub site violate their rights or otherwise are unlawful.
Headsub has no obligation whatsoever to screen or moderate any publication by you or others. Headsub strives to promptly respond to any bona fide claim that any publication violates any of these terms of service.
By publishing a template using the Headsub service, you grant any Headsub user who downloads a video rendered from that template the license as provided in this article. As a Headsub user, you receive the following license from the user who published the template regarding any video you download after payment of the appropriate amount of credits.
The user (and any company or organization that user represents) may reproduce, copy and publish in any medium and communicate to the public using any communication medium now known or hereafter devised the video in an unlimited fashion, and may authorize others to do so.
The user may change any aspect of the video, including but not limited to removing parts of the video, adding other materials, transcoding the format(s) used or adapting the video to technical requirements of a third party.
This license is perpetual but you may terminate it by means of written notice to a Headsub user who is in violation of any of its terms. However, you may only so terminate if you have previously notified the user in question of the violation and given a reasonable term for him to cure the violation, and after this term the violation has not been so cured.
Regarding a preview, the license is limited to internal use by you or the company or organization you represent for evaluation purposes. A preview may not be distributed to any third party.
In consideration for this license, you will receive from Headsub the amount of credits agreed upon during your publication of the corresponding template when a Headsub user downloads the rendered video.
If your repeatedly claim to Headsub users that their licenses are terminated and Headsub finds that such repeated claims are inaccurate, Headsub may terminate your account with immediate effect.
You represent and warrant that you fully own all rights to any materials you publish on the Headsub service and that you are permitted to grant the license requested above without any obligations or restrictions for any licensee.
In case you publish materials to which third parties hold the copyright, you represent and warrant that you have the right to sublicense these materials under the license requested above or that the copyright holder licenses these materials under a similar or more liberal license to any third party.
Headsub warrants that it shall not make available templates you publish to other users or third parties. Only videos rendered from your templates are made available.
Headsub provides low-resolution previews of any videos available through the Headsub service. Such previews may differ from the actual rendering. Furthermore, colors and audio quality may change as a result of the rendering process. Accordingly, no guarantees are given regarding a preview.
Headsub guarantees that the rendered video file is free from rendering and transmission errors. In case of any such errors, Headsub will re-render and transmit the video file free of charge until the guarantee is met. If after repeated attempts to do so errors still occur, Headsub may refund all credits paid for the video file in question. Headsub makes no other guarantees or warranties regarding any other aspects of a rendered video file (for example, the quality of images or audio, the availability of certain glyphs in a font, and so on).
When making available a template through the Headsub service, you must set a number of Headsub credits in consideration for the license granted above. Headsub will derive from this number the price for the various formats in which a video rendered from this template can be purchased based on the formulas and pricing lists set by Headsub. You may change the price you set at any time. Headsub may change its formulas and pricing lists at any time as well.
When Headsub makes available a video rendered from your template, you will receive 80% of the price you set in credits plus 20% of the price for the chosen format as derived by Headsub.
To render and download videos from templates available through the Headsub service, you must make payment using Headsub credits. Headsub will timely announce the necessary amount of credits and give you an opportunity to confirm or cancel your payment.
Headsub credits may be purchased using various payment schemes, as documented on the Headsub website.
After you first purchase credits, Headsub will render your first video free of charge. You can purchase credits at the price of one Euro for every 100 credits, excluding taxes and exchange rates. Headsub will arrange for any credits due to you to be added to your account.
Credits are bought in blocks. Headsub is entitled to adapt the price of blocks at any time. Purchased credits can, unlike earned credits, not be cashed.
You can request 10,000 or more of your earned credits to be paid out once a calendar month to a valid bank account using the facilities provided on your private account page. Headsub will provide an electronic invoice for such payout in consultation with you. Credits are paid out in Euros at the rate of 100 credits to one Euro. Currency conversion risks rest with you. Further, any currency exchange costs shall be deducted from the amount to be paid out. Headsub has the right to withhold payment if essential information (such as IBAN or VAT numbers) is missing or incorrect. It is your sole responsibility to provide such information.
Headsub may set a limit on your credit balance. If this balance is exceeded, Headsub may without request initiate a payout of the balance or the surplus amount.
If you do not supply full and accurate information regarding yourself, Headsub may be technically unable or prohibited by law to effect a payout. In such an event Headsub may, after notifying you and giving a reasonable period for you to resolve the issue, forfeit your credits.
Credits are valid for a period of two years from the moment of purchase. At any time your purchase history and balance is visible on your private account page on the Headsub website.
Headsub strives to make the Headsub service available on a 24/7 basis, but cannot guarantee its availability at any time.
The Headsub service of rendering videos from user-supplied templates is fully automated. Headsub does not inspect or test any templates or elements thereof prior to their becoming available.
Headsub may temporarily disable access to the Headsub service or parts therefor for the purposes of maintenance or upgrades to the Headsub service and related systems. Headsub will strive to schedule such maintenance or upgrades during times when average usage of the Headsub service is low and will announce such maintenance or upgrades in advance if possible. However Headsub cannot be held liable for any damages that may result from your inability to use the Headsub service during maintenance or upgrades.
Headsub may adapt the Headsub service and associated hard- and software to correct errors and to improve the functionality. If any adaptation will result in significant changes in functionality, Headsub will strive to inform you in advance about such changes. While Headsub listens to your feedback, Headsub is unable to refrain from adopting any particular change just for you.
Any liability for Headsub concerning direct damages suffered by you, regardless of cause, shall be limited to the value of the credits involved, or the amount of 10 Euros (excluding VAT) per event or series of related events. This limitation does not apply in case of intent or gross negligence on the part of Headsub.
Headsub is not liable for any indirect damages, including consequential damages, loss of income or profits, loss of data or special damages suffered by you or others.
You waive any right to sue Headsub for any damages suffered as a consequence of a publication by you, Headsub or others using the Headsub service that is in violation of Dutch law or any of these terms of service.
Your right to compensation of any direct damages is subject to your contacting Headsub as soon as possible after your discovery of the damages with a sufficiently detailed complaint, allowing Headsub to take all necessary actions.
Headsub nor the template designer accept any liability for any content added by you to the video that is rendered for you. You are solely responsible for such content and you must indemnify and hold harmless Headsub and the template designer(s) for any third-party claims regarding such content.
The agreement between you and Headsub is entered into when your registration is complete and remains in force until terminated by either party. You may terminate at any time by canceling your account. Headsub may terminate the agreement at any time if you violate any of these terms and conditions. After termination by either party, you may no longer use the Headsub service. Furthermore, any credits in your account at the moment of termination shall be forfeited to Headsub. It is your sole responsibility to request payout of credits before termination.
Any license regarding a rendered video remains unaffected by termination, regardless of reason.
Headsub has the right to adapt these terms or to provide additional terms at any time. Such adapted or additional terms shall enter into force 30 days after publication thereof on the Headsub website. Headsub will strive to discuss any such changes on public beforehand.
If you do not want to accept an adapted or additional term, you must terminate your account within these 30 days. By using the Headsub service after these 30 days, you indicate your acceptance of these new terms.
Any terms, conditions or exceptions provided by you are binding upon Headsub only if explicitly agreed upon in writing.
The laws of the the Netherlands apply to this agreement. Unless prescribed otherwise by mandatory provisions of law, all conflicts arising out of this agreement shall be brought before the competent Dutch court for the principal place of business of Headsub.
Headsub is entitled to transfer this agreement and any of its rights and obligations to any third party in case of a sale or other transfer of the Headsub service.
In case any part of this agreement is held to be invalid, void or unenforceable for any reason, such invalidity shall not affect the rest of this agreement. The parties shall in such a case determine (a) replacement provision(s) that most closely approximates the clause concerned and which is legal under applicable law.
Any requirement for a “written” statement can be fulfilled by using e-mail, provided the identity and integrity of such e-mail can be determined with sufficient certainty, unless a paper document is legally required.
If you send any message to Headsub, the version of such message stored by Headsub shall be regarded as authentic unless you can prove otherwise.