haView is a subscription and pay-per-view service that provides account holders with access to movies, series, documentaries and animations (“Video Content”), streamed via the Internet to devices capable of an Internet connection and accessing the haView service. haView also presents recommendations, user nominations and other information regarding the available movies, series, documentaries and animations.

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.haView.com.au website (the “Service”) operated by haView (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

You can obtain a copy of the current version of this Agreement at any time by contacting us. A copy of the current version of this Agreement is also available on the haView Website at www.haView.com.au.

You can contact us by going to the haView Website at www.haView.com.au.

We may change any term of this Agreement (including the haView Privacy Policy) at any time. However we will notify you of any material change no later than when it becomes effective on the haView Website. If such change has a material effect on you to your detriment, you may cancel your haView Service subscription in accordance with paragraph 8 below.

You may cancel your haView subscription at any time by unsubscribing via your haView Account and the relevant subscription will be disconnected at the end of the current Subscription Period. Subject to your rights under the Australian Consumer Law, you may not receive a refund of any Subscription Fee or other amounts paid when you cancel your haView Service including but not limited to where you cancel your haView Service if you have changed your mind. You may reconnect your haView Service at any time via your haView Account on the haView Website however you may no longer be eligible for discounts you were receiving previously.

1. haView Service

1.1   You must be at least 18 years of age to generate an account within the haView service. Minors may only use the service under the supervision of an adult.

1.2   The haView service and any video content available through the service, are for your personal and non-commercial use only.

1.3   To use the haView service, your account must be attached to a valid credit card with a billing address.

1.4    You must have an Internet connection with an effective line of bandwidth of a three (3) Mbps minimum.

1.5.   You agree to use the haView service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the haView service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the haView service; use any robot, spider, scraper or other automated means to access the haView service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the haView service; insert any code or product or manipulate the content of the haView service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the haView service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

2. Accessing the haView Service

2.1 You must have a haView Account linked to a valid Australian credit card with a legitimate billing address to access the haView Service. You can set up a haView Account via the link on the haView Website at www.haView.com.au.

2.2 An effective Internet connection with a bandwidth minimum of 3 Mbps will provide the greatest benefit from the haView service, when accessing content in standard definition (SD). A bandwidth minimum of 5 mbps is recommended for accessing high definition (HD) content. Please note that not all content is available in HD and its availability may vary depending on our location, Internet connection, available bandwidth and other factors.

2.3 You are responsible for all expenses and charges allocated to you via your internet service provider in relation to haView’s metered service. If you are unsure if you will be affected, please contact your Internet service provider for more details.

2.4 The quality and availability of the haView Service may be subject to outside factors, as it is a service provided via your Internet connection. haView will not be responsible for the interruption or unavailability of your service but we will use heightened efforts to provide an optimal service.

2.5 The haView Service is subject to change depending on the Device you register and access the haView Service through.

2.6 You are responsible for all hardware, systems and software applications that you download, install and/or operate to use the haView Service (including, but not limited to, any hardware, systems and/or software necessary to access the internet).

3. Using the haView Service

3.1 You must use the haView Service in conjunction with the reasonably provided instructions in the Terms of Use. You must not use the haView Service for any improper or unlawful purpose and you will not allow anyone else to do the same.

3.2 haView does not give you permission to copy, record, reproduce, republish, post, broadcast, transmit or make any haView Service content available to any other person or authorise or assist anyone else to do so. Special circumstances may be provided to allow the aforementioned acts but only via written permission from haView.

3.3 You must not attempt to bypass digital rights management and anti-piracy measures, which make up part of the haView Service.

3.4 You can only view the haView Service content for personal non-commercial purposes. You must not permit your haView Service to be viewed in public areas or commercial premises. Special circumstances may be provided to allow the aforementioned acts but only via written permission from haView.

3.5 The haView Service will automatically collect information through cookies as you use the Service. If you reject or disable cookies within your browser the haView service may not operate at its optimal capacity. More information can be found in the haView Privacy Policy in regards to information obtained via cookies.

3.6 If you, or anyone you allow to use the haView Service, misuse the Service, there may be a requirement for haView to be compensated for any expenses, costs or losses caused from said misuse.

4. Protecting your haView Account

4.1 A username and password are necessary to access the haView Service and these must be selected when you create your haView account. The username and password you select must remain private and secret to you and under no circumstances should they be disclosed to any third party.

4.2 It is your responsibility to ensure your selected username and password remain confidential and secure. Reasonable precautions and methods bust be taken to prevent them being used by a third party. If at any time you suspect your username or password security has been breached or compromised, you must notify us immediately. In this occurrence, you myst also change your username and password as soon as possible.

4.3 You may be restricted from using the haView service and have your username and password suspended if we believe there has been, or there is potential to be, a breach of security regarding your private login details.

5. Paying for the haView Service

5.1 For each month that you subscribe to the haView service, you must pay to us a Subscription Fee (a Subscription Period being each month). Pricing details can be found on the haView Website and include GST where applicable.

5.2 Subscription Fees are paid in advance of each Subscription Period. Your first Subscription Period starts when you complete the verification process of your haView Account for the haView Service and pay your first Subscription Fee from the credit card you have assigned to your haView Account.

5.3 haView will automatically renew your subscription at the end of every month for the following Subscription Period. Your Subscription Fee will be deducted from the credit card you assigned to your haView Account. This process will continue for each of the following Subscription Periods until you tell us that you want to cancel the haView Service. All billing information provided by you must be accurate, complete and kept up to date. Invoices will not be sent to you but can be accessed via your haView account.

5.4 The cancellation of your haView subscription can be achieved at any time by simply unsubscribing through your haView Account. As you have prepaid, your current subscription will be disconnected at the end of the current Subscription Period and no further Subscription deductions will be made via the credit card attached to your haView Account. Subject to your rights under the Australian Consumer Law, you may not receive a refund of any Subscription Fee or other amounts paid when you cancel your haView Service. You may reconnect your haView Service at any time via your haView Account on the haView Website however you may no longer be eligible for discounts you were receiving previously.

5.5 We may increase your Subscription Fees at any time by giving you at least one calendar month’s notice. We may also increase your Subscription Fees without notice if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Fees directly or our pricing structure directly (if this happens we will try to give you reasonable notice).

5.6 We may alter the amount we deduct from your haView Account if your Subscription Fees change in accordance with this Agreement. We may also deduct any other payment owed to us under this Agreement.

5.7 If we are unable to collect your Subscription Fee or other charges due to us from you, we may immediately cancel or suspend the provision of all or any part of the haView Service to you without giving you notice.

5.8 As apart of the haView Pay-Per-View option, you must pre-pay for selected content. Each purchase allows twenty four (24) hours access to the selected content. Pricing details can be found on the haView Website and include GST where applicable.

5.9 Credits may be paid to your haView Account from the credit card you assign to your haView Account. These Credits can be of any amount you choose and will provide a source for Pay-Per-View Fees to be paid from. Your Pay-Per-View selection will commence streaming upon the completion of the verification process of your haView account for the haView Service and a Credit total equal to, or greater than, the selected content has been paid to your account from your assigned credit card. All billing information provided by you must be accurate, complete and kept up to date. Invoices will not be sent to you but can be accessed via your haView account.

5.10 Subject to your rights under the Australian Consumer Law, you may not receive a refund of any Pay-Per-View Fee or Credits paid to your haView Account.

6. Cancellation, Suspension or Restrictions of the haView Service

6.1 This agreement may be cancelled in part or in its entirety by us:
(i) with seven (7) days notice to you; or,
(ii) immediately, as stipulated in section 5. If your service is cancelled by us, you will still have access to the haView Service for the remainder of the Subscription Period that you have currently paid for, but your next Subscription Period will not automatically renew – this may be affected by section 6.2.

6.2 Your use of the haView Service may be suspended or restricted by us:
(i) where it is deemed to be necessary within reason for operational or technical reasons;
(ii) if there is reason to believe the security or use of available content on the haView Service has been breached or is breaching this Agreement, including any inconsistencies relating to the requirements of haView’s Licensors or partners;
(iii) if overdue payments for the haView Service exceed thirty (30) days without reconciliation;
(iv) if any other terms within this Agreement are violated; or,
(v) if there is reason to believe you are engaging or have engaged in any fraudulent activity toward us or any person or organization through your or their use of the haView Service.

7. Liability

7.1 You are responsible for any and all actions and omissions of any person who uses your haView Service.

7.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. Our services provided to you under this Agreement come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a resupply or refund for a major failure of the haView Service. You may also be entitled to compensation for any reasonably foreseeable loss or damage caused by a failure of your haView Service.

7.3 In addition to any rights against you that we may have under this Agreement, you will be liable to us and must keep us, our Business Partners, their and our respective related bodies corporate, suppliers, agents and contractors, indemnified against any loss, cost, expenses, damage or other liability (including legal costs on a solicitor/client basis) arising out of any claim or demand against us by you or any person other than you, which arises from or is connected with our supply or removal of the haView Service to you or your use of the haView Service, unless the loss, costs, expense, damage or other liability is caused by us, our Business Partners’, related bodies corporates’, suppliers’, agents’ or contractors’ willful default, negligence or breach of this Agreement or any law.

7.4 Subject to your rights under the Australian Consumer Law, or any other law, neither we nor our Business Partners or their and our respective related bodies corporate, suppliers, agents or contractors will be responsible to you or any other person in connection with:
(i) the suspension or restriction to the haView Service in accordance with this Agreement or any interruption or delay to the haView Service caused by matters outside our reasonable control;
(ii) any errors, viruses or bugs present in or arising from your use of the haView Service that are not reasonably foreseeable and directly caused by or attributable to us;
(iii) any incompatibility of the haView Service with any other software, hardware or material on your Registered Device;
(iv) any damage to your property or your own equipment (for example, your Registered Device, your television, computer, video-recorder or DVD player, including any burn-in suffered to your television monitor) that is not reasonably foreseeable and directly caused by or attributable to us;
(v) any injury or harm to yourself or others that my arise from viewing or using the haView Service;
(vi) any misuse or failure of the haView Service caused by you or anyone else viewing or using the haView Service;
(vii) any loss you or any other person suffer as a result of:
(a) you or anyone else viewing or using the haView Service;
(b) any misuse or unauthorised use of your login details or your haView Account;
(c) your internet service provider;
(d) any other cause where the cause is outside our reasonable control; (vi) our use of your internet connection; or,
(e) your negligence or your failure to follow our reasonable instructions.

7.5 To the extent permitted by law, including the Australian Consumer Law, we do not accept any liability for any content provided by third parties as part of the haView Service or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the haView Service or otherwise. While we will make efforts to ensure that the information contained in or on the haView Service is as accurate as possible, to the extent permitted by law, including the Australian Consumer Law, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the haView Service.

7.6 You agree that we are not responsible in any way for any Consequential Loss arising out of or in connection with the haView Service and/or this Agreement.

8. Intellectual Property Rights

8.1 This Agreement and intellectual property rights protect your use of the haView Service.

8.2 Copyright, trade marks and all other intellectual property rights in all material, content or software supplied as part of the haView Service will remain ours or, where applicable, our content partners or licensors. We grant you a licence to use such rights for your personal use of the haView Service only, in accordance with this Agreement.

8.3 You will not, nor will you assist, facilitate or authorise any third party to:
(i) copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the haView Service or any material or content you obtain from the haView Service;
(ii) sell or make any charge for watching or using any part of the haView Service; or,
(iii) show any part of the haView Service in public to an audience, even if no charge is made – unless written permission is provided by haView.

9. Information about the haView Application and your Registered Device

9.1 The haView Service contains software components that may track and capture end user activity and related information (including but not limited to information about your Registered Device(s)) and will send this information to us. The information we collect includes end user activity, information about your Registered Device(s) unique device number, the internet protocol address of your Registered Device(s), and information derived from the hardware configuration of your Registered Device(s) and is used to identify your Registered Device(s), to validate your right to use the haView Service, and so that we can report on and improve the haView Service. By using the haView Service, you consent to the transmission of this information. You can find further information in our haView Privacy Policy available on the haView Website, www.haView.com.au.

10. Your Privacy and Personal Information

10.1 When you use and create an account on the haView Service, we record personal information about you, which may include your name, address, contact details, credit card information you provide and other details as displayed in our Privacy Policy. You understand and agree that we may record data relating to your Viewing Habits and information when you or anybody else uses the haView Service, as is displayed in our Privacy Policy. “Personal Information” describes the information collectively described within this heading. Any information that is unable to identify you will not be regarded as Personal Information. Any information with the ability to identify you will be handled in accordance with our Privacy Policy and this Agreement. If you have any queries regarding the information we collect or regarding your current Personal Information, please contact us.

10.2 Further information about how we handle Personal Information about you can be found in the haView Privacy Policy.

10.3 By entering into this Agreement, you acknowledge and agree that we will collect, use, handle, disclose and store your Personal Information in accordance with the haView Privacy Policy.

11. Classification of content on the haView Service

11.1 Each piece of content available on the haView Service will be accompanied by visible content classification. It is your responsibility to ensure you or anyone using your haView Account reviews the classification information for each piece of content. You take responsibility for ensuring the content is suitable and appropriate, when children or those under the age of eighteen (18) are using your haView Account to access the haView Service.

11.2 You must provide a declaration that you are eighteen (18) years or older, when you create your haView Account, as you are applying to access Age Restricted Content. It is your responsibility to ensure that only those persons over fifteen (15) years of age are authorized to view MA15+ content and those persons over eighteen (18) years of age are authorized to view R18+ content through your haView Account on the haView Service.

12. Promotion and Advertising

12.1 Your dealings with, or participation in promotions by, any third party advertisers on or through the haView Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the haView Service.

13. Links to Third Party Sites

13.1 The haView Service may display links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

14. Notices and Revisions

14.1 If we give you any notice that is required under this Agreement, we shall give it to you by electronic communication (including via the haView Website).
14.2 We will send notices to you using the contact details you have given us. You must provide us with accurate, true and correct contact details and you must keep this information up to date. Please ensure you notify us of any updates, amendments and corrections to your information by updating your contact information on your haView Account.

15. General

15.1 The haView Service may vary from time to time. We may alter the content, presentation of and/or the facilities available, on the haView Service from time to time without giving you notice. This includes altering the availability of, or withdrawing, any program and adding, withdrawing or changing any features or functionality of the haView Service.

15.2 We can transfer any or all of our rights and/or obligations under this Agreement to any company, firm or person. We can only do this if it does not affect your rights under this Agreement. You may not transfer your rights or obligations under this Agreement to anyone else, without our consent.

15.3 This Agreement is personal to you and no third party is entitled to benefit under this Agreement.

15.4 All or any part of any term of this Agreement that is found to be unfair or unenforceable will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.

This Agreement is governed by the laws of the State or Territory of the billing address attached to your haView Account.

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Privacy Policy

The following Privacy Statement outlines haView’s practices in the way of collection, application and disclosure of information, including personal information, accumulated via the services haView supplies.

Contacting haView

For any questions or information regarding your haView account and privacy, please email our Customer Service team at haview.content@gmail.com for assistance.

Alternatively, you may write to us at – haView, 16/93-103 High Street, Preston, Vic 3072, Attn: haView Privacy.

Please note that if you contact us for assistance, for both your safety and our own, we will need to authenticate your identity before progressing with assistance.

Information Collection

haView records information directly provided by you as you use our service. This will include details such as, your name, email, residential address, payment method and phone number. This information is most likely collected upon initial use of the haView service but may also include the interaction/participation in surveys, promotions, customer service enquiries and content submission.

Other information may be recorded automatically throughout the use of our service. Interaction with our team and advertising, as well as details relating to your computer or other devices used to access haView’s service, may also be recorded. This includes activity based information as you select and view content, specified information relating to interactions with haView team members, device ID’s and software, as well as cookies and other technologies providing on/offline analytics relating to user behavior and demographic.

Use of Information

haView implements the information collected to enhance the haView service and create optimal user experience. This relates to marketing, registration, user activity, communication and overall functionality.

The information collected allows us recommend localised personal content, which corresponds to demographic, taste, trends and previous history; all of which intends to heighten user experience. haView will also gain the means to detect, investigate and prevent any potential activities deemed illegal improper. haView acquires the information and feedback to advance and optimize our own platform and service, which in turn provides a greater experience for customers.

Disclosure of Information

While haView maintains the privacy of user information, disclosure of information to third parties for certain purposes is necessary.

Service providers, or companies outside of haView, are used to assist with the ongoing services provided on our behalf. This may include, but is not limited to, services such as: IT services, online payment methods, marketing, customer service and platform optimisation. To provide assistance, service providers may have access to personal or other information. haView in no way provides authorization for them to distribute or use your information for any other means than in connection with implementing their service.

Promotional offers have the potential of necessary collaboration of personal information between haView and third parties – all third parties are responsible for their own privacy practices. In the event where haView has reasons to believe protection can be generated toward haView and/or others, the disclosure of personal information will be implemented. This will only occur if necessary to satisfy any applicable law, regulation, legal process, or governmental request; or otherwise enforce terms of use, detect/prevent illegal or improper activity and protect the rights of haView, it’s users and content providers.

In the situation of haView being acquired by another company, the reorganization or restructuring of our business, haView may transfer information, including personal, on the proviso that the receiving party must treat your information in a manner that corresponds to the haView privacy statement.

Whenever we transfer personal information to countries outside of Australia and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this privacy statement and as permitted by the applicable laws on data protection.

Users may disclose information via publicly accessible means on the haView platform when intentionally providing feedback or personal displays of appreciation. Social plugins will allow users to share information on their platforms and users are subject to their terms of use and privacy policies, when doing so.

Access to Your Account and Profiles

haView uses technology allowing us to recognise individual account holders and provide them direct access to their account, without requiring the user to retype any previously entered user identification. This feature can be manually removed on your personal device by unchecking the box “Remember me on this device”, during the website log in process.

Users may also disable access to their haView account from their personal devices by signing out of their profile or deleting their haView settings – this process may vary among devices. Users of public or shared devices are urged to log out of the haView service at completion of use, as well as in the situation of selling or returning of a personal device. If the user fails to maintain the security of personal information or access to their device, or does not log out or deactivate their device, proceeding users may potentially access their account, which includes personal information.

If you share or allow others access to your account, they will be able to see your information, including in some cases personal information.

Your Choices

If you would like to cease certain communications from haView via email, you may access the email settings within “Your Account” on the haView platform and uncheck to unsubscribe. This can also be achieved via clicking the “Unsubscribe” link in received emails from haView. Please note, messages relating to haView account transactions cannot be unsubscribed from.

Your Information

Access to personal information, held by haView, for correction/update can be achieved by visiting “Your Account”. When logged in, you will have the opportunity to access and update a range of personal information, including contact details, payment details and other personal details.

You may also ask us to delete personal information that we hold about you if it is no longer needed to provide the service to you, for our billing or records purposes, or for other lawful reasons. To do this, or if you have any other question regarding our privacy practices, please contact us at haview.content@gmail.com.

Security

We believe haView uses reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information.

Other Websites, Platforms and Applications

haView’s services may be provided via other platforms or contain links to platforms operated by third parties. These parties may have differing information handling polices and haView recommends users read their privacy policies and statements, notices and terms of use. You may also experience third party plugins and interactions when using the haView service.

Children

You must be 18 years of age or older to subscribe to the haView service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.

Changes to This Privacy Statement

This privacy statement will be updated over due course as legal, regulatory and operational requirements change. Notice will be provided in the occurrence of such change in accordance with law. Continued use of the haView service after the implementation of any updates and their effects, will constitute the acceptance of those changes. Cancellation of your haView account may be conducted if you do not accept any privacy statement updates.

Cookies and Internet Advertising

Cookies and other technologies are used by haView and our service providers to analyze our platform, educate us about our users and generate an optimal user experience for those accessing the haView service.

Some cookies are essential for the haView service to function at optimum capacity for the best user experience. This relates to user authentication and identification, as well as allowing haView to prevent fraudulent behavior, maintain our security and enforce our terms of use. Other cookies may not be essential but allow haView to continually improve its service and performance.

Deletion of these types of cookies will result in limited functionality of our service.

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LICENSE AGREEMENTS – A) CONTENT & B) MUSIC VIDEOS

A) License Agreement – CONENT

The License Agreement below governs the terms under which you and your submitted content will be subject to. To agree with these terms, click “AGREE” when submitting your content. If you do not agree with these terms, do not click “AGREE” when submitting your content and do not submit your content.

This License Agreement is made effective as of the date in which the content is submitted; between haView, a person or company organised and existing in Australia, with a registered address at 16/93-103 High Street, Preston, Vic 3072 (“Licensee”) and the person or company organised and existing in Australia, with a registered Australian address, who completes and submits the submission form (“Licensor“).

Whereas:
1. Licensee wishes to obtain a license to use the submitted film and corresponding promotional material (“Film”), and,
2. Licensor is willing to grant to the Licensee a non-exclusive, non-transferable License to use the Film for the term and specific purpose set forth in this Agreement.

In consideration of the foregoing, and of the mutual promises and undertakings contained herein, and other good and valuable consideration, the parties agree as follows:

LICENSE AGREEMENT – CONTENT

1. DEFINITIONS.
2. LICENSE GRANT.
3. LICENSEE’S OBLIGATIONS.
4. INTELLECTUAL PROPERTY RIGHTS.
5. LIMITATION OF LIABILITY.
6. CONFIDENTIALITY.
7. DISCLAIMERS & RELEASE.
8. INDEMNITY.
9. WAIVER.
10. GOVERNING LAW.
11. TERMINATION.
12. LICENSE FEE.
13. ASSIGNMENT.
14. NOTICES.
15. SEVERABILITY.
16. DISPUTE RESOLUTION.
17. ENTIRE AGREEMENT.
18. SCHEDULE

1. DEFINITIONS.

1.1 Agreement means this License Agreement including the Schedule.

1.2 Confidential Information means information that:

  1. is by its nature confidential; or,
  2. is designated in writing by Licensor as confidential; or,
  3. the Licensee knows or reasonably ought to know is confidential; or,
  4. Information comprised in or relating to any Intellectual Property Rights of Licensor.

1.3 Film means the Feature Film (of any category), Short Film (of any category), Documentary (of any category), Series (of any category), or Animation (of any category) provided by Licensor as specified in Item 6 of the Schedule. The term, Film, excludes Music Videos.

1.4 Intellectual Property Rights means all rights in relation to any copyright, trademark, trading name, design, patent, know how (trade secrets) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights, as further specified in clause 4.

1.5 Party means a person or business entity who has executed this Agreement; details of the Parties are specified in submission application form.

1.6 Term means the terms of this Agreement commencing on the Commencement Date as specified in Item 4 of the Schedule and expiring on the Expiry Date specified in Item 5 of the Schedule.

1.7 Views refer to the act of a customer accessing and streaming video content via the haView Service, where each new or replayed streaming of one video is considered as one View.

2. LICENSE GRANT.

2.1 Licensor grants to the Licensee a non-exclusive, non-transferable License for the Term to use the Film for the specific purpose specified in this Agreement, subject to the terms and conditions set out in this Agreement.

3. LICENSEE’S OBLIGATIONS.

3.1 The Licensee cannot use the Film, for purposes other than as specified in this Agreement and in Item 7 of the Schedule.

3.2 The Licensee may permit its employees to use the Film for the purposes described in Item 7, provided that the Licensee takes all necessary steps and imposes the necessary conditions to ensure that all employees using the Film do not commercialise or disclose the contents of it to any third person, or use it other than in accordance with the terms of this Agreement.

3.3 The Licensee will not distribute, sell, License or sub-License, let, trade or expose for sale the Film to a third party.

3.4 Licensee will do everything within their power to nullify the occurrence of any copies being made of the Film, unless expressly approved by the Licensor. However, given the nature of the internet, Licensee will not  be held responsible if copies outside of their control are created.

3.5 No changes to the Film or its content may be made by Licensee.

3.6 The Licensee will provide, to the best of their ability, technological and security measures to ensure that the Film, which the Licensee is responsible for, is physically and electronically secure from unauthorised use or access.

3.7 Licensee shall ensure that the Film retains all Licensor copyright notices and other proprietary legends and all trademarks or service marks of Licensor.

4. INTELLECTUAL PROPERTY RIGHTS.

4.1 All Intellectual Property Rights over and in respect of the Film are owned by Licensor. The Licensee does not acquire any rights of ownership in the Film.

4.2 The Licensor acknowledges their ownership of the Film’s Intellectual Property Rights, where all materials within the Film are original and/or not in breach of any copyright infringements.

5. LIMITATION OF LIABILITY.

5.1 The Licensee acknowledges and agrees that neither Licensor nor its board members, officers, employees or agents, will be liable for any loss or damage arising out of or resulting from Licensor’s provision of the Film under this Agreement, or any use of the Film by the Licensee or its employees; and Licensee hereby releases Licensor to the fullest extent from any such liability, loss, damage or claim.

5.2 The Licensor acknowledges their release from any liability is null and void if they are in breach of this License Agreement.

6. CONFIDENTIALITY.

6.1 Neither Party may use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with the terms of this Agreement.

6.2 Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:

  1. is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency;
  2. was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation; or,
  3. is necessary for any Service Providers, working in conjunction with haView, to carry out their employed task – as mentioned in haView’s Privacy Statement.

6.3 This clause 6 will survive termination of this Agreement.

7. DISCLAIMERS & RELEASE.

7.1 To the extent permitted by law, the Licensor will in no way be liable to the Licensee or any third party for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Film.

7.2 The Film is provided by Licensor on an “as is” basis.

7.3 Licensor will not be held liable by the Licensee in any way, for any loss, damage or injury suffered by the Licensee or by any other person related to any use of the Film or any part thereof.

7.4 Notwithstanding anything contained in this Agreement, in no event shall the Licensor be liable for any claims, damages or loss which may arise from the modification, combination, operation or use of the Film with Licensee computer programs.

7.5 To the extent permitted by law, no express or implied warranty, term, condition or undertaking is given or assumed by Licensor, including any implied warranty of merchantability or fitness for a particular purpose.

7.6 In the circumstance that Licensor is found to be in breach of License Agreement, they take on full liability of any claims, damage or loss that may arise from their Film being available on the haView Service.

8. INDEMNITY.

8.1 The Licensee must indemnify, defend and hold harmless the Licensor, its board members, officers, employees and agents from and against any and all claims (including third party claims), demands, actions, suits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from:

  1. the Licensee’s and Licensee’s employee’s use or reliance on the Film,
  2. any breach of the terms of this License Agreement by the Licensee or any Licensee employee, and
  3. any other act of Licensee.

8.2 The Licensor must indemnify, defend and hold harmless the Licensee, its board members, office, employees and agents from and against any and all claims (including third party claims), demands, actions, suits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from any breach of the terms of this License Agreement by the Licensor or any Licensor employee.

8.3 This clause 8 will survive termination of this Agreement.

9. WAIVER.

9.1 Any failure or delay by either Party to exercise any right, power or privilege hereunder or to insist upon observance or performance by the other of the provisions of this License Agreement shall not operate or be construed as a waiver thereof.

10. GOVERNING LAW.

10.1 This Agreement will be construed by and governed in accordance with the laws of Australia. The Parties submit to exclusive jurisdiction of the courts of Australia.

11. TERMINATION.

11.1 This Agreement and the License granted herein commences upon the Commencement Date and is granted for the Term, unless otherwise terminated by Licensor or Licensee in the event of any of the following:

  1. if the Licensee/Licensor is in breach of any term of this License Agreement and has not corrected such breach to Licensor/Licensee’s reasonable satisfaction within 7 days of Licensor/Licensee’s notice of the same;
  2. if the Licensee becomes insolvent, or institutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, or makes an assignment for the benefit of creditors;
  3. the Licensor no longer wishes to continue this Agreement and gives thirty (30) days written notice; or,
  4. the Licensee or Licensor is in breach of clause 4 or 6 of this Agreement.

11.2 Termination under this clause shall not affect any other rights or remedies that the Licensor may have.

12. LICENSE FEE.

12.1 In consideration for the License grant described in this License Agreement, the Licensee shall pay the License fee as stated in Item 8 of the Schedule.

12.2 The License Fee will be paid to the Licensor. It is solely the responsibility of the Licensor to redistribute the paid License Fee to those involved with the the Film, where previous contracts or agreements are in place. haView will not be held responsible or liable regarding the License Fee redistribution amongst a Film’s employees.

13. ASSIGNMENT.

13.1 The Licensee shall not assign any rights of this License Agreement, without the prior written consent of Licensor.

14. NOTICES.

14.1 All notices required under this Agreement shall be in writing and shall be deemed given:

(i) when delivered personally;

(ii) five (5) days after mailing, when sent certified mail, return receipt requested and postage prepaid;

(iii) one (1) business day after dispatch, when sent via a commercial overnight carrier, fees prepaid; or,

(iv) one (1) business day when sent via email to the correct address of either Party.

All notices given by either Party must be sent to the physical address of the other as first written above (unless otherwise changed by written notice), or sent to a correct and current email address of either Party.

15. SEVERABILITY.

15.1 The Parties recognise the uncertainty of the law with respect to certain provisions of this Agreement and expressly stipulate that this Agreement will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this Agreement are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this Agreement or modified so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of this Agreement will be unaffected.

16. DISPUTE RESOLUTION.

16.1 Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English.

17. ENTIRE AGREEMENT.

17.1 This Agreement contains the entire agreement between the Parties and supersedes any previous understanding, commitments or agreements, oral or written. haView withholds the right to alter this Agreement at any time but must give suitable prior warning to Licensors and potential Licensors, who have the right to disagree with any new Agreement, upon which their content may no longer be accessible as a part of the haView service.

By clicking, “AGREE” when submitting your Film, this Agreement, including the attached Schedule, is agreed upon by the Parties under the hands of their duly authorized representatives and made effective as of the Commencement Date.

18. SCHEDULE.

Item 1 – License Agreement

THE LICENSE AGREEMENT OF WHICH THIS SCHEDULE FORMS A PART IS DATED AS OF THE MOMENT THE APPLICANT CLICKS “SUBMIT” AND IS BY AND BETWEEN THE PARTIES REFERENCED IN ITEM 2 BELOW.

Item 2 – Details of Licensor and Licensee

Licensee: haView, a person or company organized and existing in Australia, with a registered address at 16/93-103 High Street, Preston, Vic 3072.

Licensor: Details found within the Submission form.

Item 3 – Other License Terms

N/A

Item 4 – Commencement Date

As of the moment the Licensor clicked, “SUBMIT” on their Submission form.

Item 5 – Expiry Date (three (3) years)

This License Agreement will expire exactly THREE (3) YEARS after the moment the Licensor clicked, “SUBMIT” on their Submission form.

Item 6 – Description of Film

The Film is an audio/visual production, being a Feature Film (of any category), Short Film (of any category), Documentary (of any category), Series (of any category), or Animation (of any category). This includes promotional material corresponding to the Film, being a logline, synopsis, video trailer, promotional poster and/or production stills photography.

Item 7 – Approved Purpose

7.1 Stream the Film on the haView subscription based video-streaming platform.

7.2 Promote the Film on the haView subscription based video-streaming platform, across haView’s social media accounts and via other means of advertising.

Item 8 – License Fee

8.1 The License Fee will act in accordance of haView’s “Profit Share Structure”.

8.2 The “Profit Share Structure” refers to performance of the Licensor’s Film in comparison to all other Film’s available during the same time period on haView. Over a three (3) month period, the total Views will be calculated across every Film available on haView. Over the same three (3) month period, the total Views will be calculated for the Licensor’s Film. The Licensor’s Film’s Views will be compared against the total Views across all haView Films and an overall percentage of performance will be allocated – “Licensor Film Views” divided by “Total haView Film Views”, multiplied by one hundred (100). This allocated percentage will determine the Fee paid to the Licensor from the allocated fifty percent (50%) of haView’s net paid-subscription profits.

8.3 The Licensor’s total allocated percentage may be subject to further alteration, when taking into account the following:

  1. total Watch-Time, where the length of each View is tallied to gauge the actual performance of the content; and,
  2. Views by an individual customer, where the maximum individual customer Views on an individual Film that will be taken into account of performance, will be twelve (12) per Fee period of three (3) months. This will prevent fraudulent manipulation, automated bots and programs.

8.4 The License Fee and redistribution of haView’s net paid-subscription profits will commence once haView reaches and maintains one thousand (1000) or more subscribers over a sequential, dual billing period or thirty-two (32) days. If haView fails to maintain this subscriber total, the License Fee will be suspended until subscriber totals, once again, reach the aforementioned target of one thousand (1000). Within this suspension period there will be no back-payments for Licensors.

8.5 Upon acquiring twenty-thousand (20,000) paying subscribers, profit share will alter to 70/30, where filmmakers will receive 70% of net paid-subscription profits.

8.6 If the Licensor wishes to receive a License Fee for their content, click “AGREE” in the corresponding box within the Submission form. If the Licensor does not wish to receive a License Fee for their content, do not click “AGREE” in the corresponding box within the Submission form.

8.7 In the occurrence of monetisation via advertisement, the Licensor will receive 50% of all advertisement revenue generated by their film. Once Haview accumulates 20,000 active members (paying or non-paying), the Licensor will receive 70% of all advertisement revenue generated by their film.

**************************************

B) LICENSE AGREEMENT – MUSIC VIDEOS

  1. DEFINITIONS.
  2. LICENSE GRANT.
  3. LICENSEE’S OBLIGATIONS.
  4. INTELLECTUAL PROPERTY RIGHTS.
  5. LIMITATION OF LIABILITY.
  6. CONFIDENTIALITY.
  7. DISCLAIMERS & RELEASE.
  8. INDEMNITY.
  9. WAIVER.
  10. GOVERNING LAW.
  11. TERMINATION.
  12. LICENSE FEE.
  13. ASSIGNMENT.
  14. NOTICES.
  15. SEVERABILITY.
  16. DISPUTE RESOLUTION.
  17. ENTIRE AGREEMENT.
  18. SCHEDULE
  19. DEFINITIONS.

1.1 Agreement means this License Agreement including the Schedule.

1.2 Confidential Information means information that:

  • is by its nature confidential; or,
  • is designated in writing by Licensor as confidential; or,
  • the Licensee knows or reasonably ought to know is confidential; or,
  • Information comprised in or relating to any Intellectual Property Rights of Licensor.

1.3 Film means the Music Video provided by Licensor as specified in Item 6 of the Schedule.

1.4 Intellectual Property Rights means all rights in relation to any copyright, trademark, trading name, design, patent, know how (trade secrets) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights, as further specified in clause 4.

1.5 Party means a person or business entity who has executed this Agreement; details of the Parties are specified in submission application form.

1.6 Term means the terms of this Agreement commencing on the Commencement Date as specified in Item 4 of the Schedule and expiring on the Expiry Date specified in Item 5 of the Schedule.

1.7 Views refer to the act of a customer accessing and streaming video content via the haView Service, where each new or replayed streaming of one video is considered as one View.

  1. LICENSE GRANT.

2.1 Licensor grants to the Licensee a non-exclusive, non-transferable License for the Term to use the Film for the specific purpose specified in this Agreement, subject to the terms and conditions set out in this Agreement.

  1. LICENSEE’S OBLIGATIONS.

3.1 The Licensee cannot use the Film, for purposes other than as specified in this Agreement and in Item 7 of the Schedule.

3.2 The Licensee may permit its employees to use the Film for the purposes described in Item 7, provided that the Licensee takes all necessary steps and imposes the necessary conditions to ensure that all employees using the Film do not commercialise or disclose the contents of it to any third person, or use it other than in accordance with the terms of this Agreement.

3.3 The Licensee will not distribute, sell, License or sub-License, let, trade or expose for sale the Film to a third party.

3.4 Licensee will do everything within their power to nullify the occurrence of any copies being made of the Film, unless expressly approved by the Licensor. However, given the nature of the internet, Licensee will not  be held responsible if copies outside of their control are created.

3.5 No changes to the Film or its content may be made by Licensee.

3.6 The Licensee will provide, to the best of their ability, technological and security measures to ensure that the Film, which the Licensee is responsible for, is physically and electronically secure from unauthorised use or access.

3.7 Licensee shall ensure that the Film retains all Licensor copyright notices and other proprietary legends and all trademarks or service marks of Licensor.

  1. INTELLECTUAL PROPERTY RIGHTS.

4.1 All Intellectual Property Rights over and in respect of the Film are owned by Licensor. The Licensee does not acquire any rights of ownership in the Film.

4.2 The Licensor acknowledges their ownership of the Film’s Intellectual Property Rights, where all materials within the Film are original and/or not in breach of any copyright infringements.

  1. LIMITATION OF LIABILITY.

5.1 The Licensee acknowledges and agrees that neither Licensor nor its board members, officers, employees or agents, will be liable for any loss or damage arising out of or resulting from Licensor’s provision of the Film under this Agreement, or any use of the Film by the Licensee or its employees; and Licensee hereby releases Licensor to the fullest extent from any such liability, loss, damage or claim.

5.2 The Licensor acknowledges their release from any liability is null and void if they are in breach of this License Agreement.

  1. CONFIDENTIALITY.

6.1 Neither Party may use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with the terms of this Agreement.

6.2 Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:

  • is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency;
  • was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation; or,
  • is necessary for any Service Providers, working in conjunction with haView, to carry out their employed task – as mentioned in haView’s Privacy Statement.

6.3 This clause 6 will survive termination of this Agreement.

  1. DISCLAIMERS & RELEASE.

7.1 To the extent permitted by law, the Licensor will in no way be liable to the Licensee or any third party for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Film.

7.2 The Film is provided by Licensor on an “as is” basis.

7.3 Licensor will not be held liable by the Licensee in any way, for any loss, damage or injury suffered by the Licensee or by any other person related to any use of the Film or any part thereof.

7.4 Notwithstanding anything contained in this Agreement, in no event shall the Licensor be liable for any claims, damages or loss which may arise from the modification, combination, operation or use of the Film with Licensee computer programs.

7.5 To the extent permitted by law, no express or implied warranty, term, condition or undertaking is given or assumed by Licensor, including any implied warranty of merchantability or fitness for a particular purpose.

7.6 In the circumstance that Licensor is found to be in breach of License Agreement, they take on full liability of any claims, damage or loss that may arise from their Film being available on the haView Service.

  1. INDEMNITY.

8.1 The Licensee must indemnify, defend and hold harmless the Licensor, its board members, officers, employees and agents from and against any and all claims (including third party claims), demands, actions, suits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from:

  • the Licensee’s and Licensee’s employee’s use or reliance on the Film,
  • any breach of the terms of this License Agreement by the Licensee or any Licensee employee, and
  • any other act of Licensee.

8.2 The Licensor must indemnify, defend and hold harmless the Licensee, its board members, office, employees and agents from and against any and all claims (including third party claims), demands, actions, suits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from any breach of the terms of this License Agreement by the Licensor or any Licensor employee.

8.3 This clause 8 will survive termination of this Agreement.

  1. WAIVER.

9.1 Any failure or delay by either Party to exercise any right, power or privilege hereunder or to insist upon observance or performance by the other of the provisions of this License Agreement shall not operate or be construed as a waiver thereof.

  1. GOVERNING LAW.

10.1 This Agreement will be construed by and governed in accordance with the laws of Australia. The Parties submit to exclusive jurisdiction of the courts of Australia.

  1. TERMINATION.

11.1 This Agreement and the License granted herein commences upon the Commencement Date and is granted for the Term, unless otherwise terminated by Licensor or Licensee in the event of any of the following:

  • if the Licensee/Licensor is in breach of any term of this License Agreement and has not corrected such breach to Licensor/Licensee’s reasonable satisfaction within 7 days of Licensor/Licensee’s notice of the same;
  • if the Licensee becomes insolvent, or institutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, or makes an assignment for the benefit of creditors;
  • the Licensor no longer wishes to continue this Agreement and gives thirty (30) days written notice; or,
  • the Licensee or Licensor is in breach of clause 4 or 6 of this Agreement.

11.2 Termination under this clause shall not affect any other rights or remedies that the Licensor may have.

  1. LICENSE FEE.

12.1 In consideration for the License grant described in this License Agreement, the Licensee shall pay the License fee as stated in Item 8 of the Schedule.

12.2 The License Fee will be paid to the Licensor. It is solely the responsibility of the Licensor to redistribute the paid License Fee to those involved with the the Film, where previous contracts or agreements are in place. haView will not be held responsible or liable regarding the License Fee redistribution amongst a Film’s employees.

  1. ASSIGNMENT.

13.1 The Licensee shall not assign any rights of this License Agreement, without the prior written consent of Licensor.

  1. NOTICES.

14.1 All notices required under this Agreement shall be in writing and shall be deemed given:

(i) when delivered personally;

(ii) five (5) days after mailing, when sent certified mail, return receipt requested and postage prepaid;

(iii) one (1) business day after dispatch, when sent via a commercial overnight carrier, fees prepaid; or,

(iv) one (1) business day when sent via email to the correct address of either Party.

All notices given by either Party must be sent to the physical address of the other as first written above (unless otherwise changed by written notice), or sent to a correct and current email address of either Party.

  1. SEVERABILITY.

15.1 The Parties recognise the uncertainty of the law with respect to certain provisions of this Agreement and expressly stipulate that this Agreement will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this Agreement are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this Agreement or modified so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of this Agreement will be unaffected.

  1. DISPUTE RESOLUTION.

16.1 Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English.

  1. ENTIRE AGREEMENT.

17.1 This Agreement contains the entire agreement between the Parties and supersedes any previous understanding, commitments or agreements, oral or written. haView withholds the right to alter this Agreement at any time but must give suitable prior warning to Licensors and potential Licensors, who have the right to disagree with any new Agreement, upon which their content may no longer be accessible as a part of the haView service.

By clicking, “AGREE” when submitting your Film, this Agreement, including the attached Schedule, is agreed upon by the Parties under the hands of their duly authorized representatives and made effective as of the Commencement Date.

  1. COMMERCIAL AND NON-COMMERCIAL REUSE BY OTHERS.

18.1 Licensor gives Haview permission to notify the public of Licensor’s agreement, which allows filmmakers to use their film for:

(i) Commercial purposes; or,

(ii) Non-commercial purposes.

  1. SCHEDULE.

Item 1 – License Agreement

THE LICENSE AGREEMENT OF WHICH THIS SCHEDULE FORMS A PART IS DATED AS OF THE MOMENT THE APPLICANT CLICKS “SUBMIT” AND IS BY AND BETWEEN THE PARTIES REFERENCED IN ITEM 2 BELOW.

Item 2 – Details of Licensor and Licensee

Licensee: haView, a person or company organized and existing in Australia, with a registered address at 14/3 Ellen Street, Fremantle, WA 6160.

Licensor: Details found within the Submission form.

Item 3 – Other License Terms

N/A

Item 4 – Commencement Date

As of the moment the Licensor clicked, “SUBMIT” on their Submission form.

Item 5 – Expiry Date (three (3) years)

This License Agreement will expire exactly THREE (3) YEARS after the moment the Licensor clicked, “SUBMIT” on their Submission form.

Item 6 – Description of Film

The Film is an audio/visual production, being a Music Video. This includes promotional material corresponding to the Film, being promotional posters and/or production stills photography.

Item 7 – Approved Purpose

7.1 Stream the Film on the haView subscription based video-streaming platform.

7.2 Promote the Film on the haView subscription based video-streaming platform, across haView’s social media accounts and via other means of advertising.

7.3 Notify filmmakers of any commercial or non commercial reuse of the Film.

Item 8 – License Fee

8.1 The License Fee will act in accordance of haView’s “Proft Share Structure”.

8.2 The “Profit Share Structure” refers to performance of the Licensor’s Film in comparison to all other Film’s available during the same time period on haView. Over a three (3) month period, the total Views will be calculated across every Film available on haView. Over the same three (3) month period, the total Views will be calculated for the Licensor’s Film. The Licensor’s Film’s Views will be compared against the total Views across all haView Films and an overall percentage of performance will be allocated – “Licensor Film Views” divided by “Total haView Film Views”, multiplied by one hundred (100). This allocated percentage will determine the Fee paid to the Licensor from the allocated fifty percent (50%) of haView’s net paid subscription profits.

8.3 The Licensor’s total allocated percentage may be subject to further alteration, when taking into account the following:

  • total Watch-Time, where the length of each View is tallied to gauge the actual performance of the content; and,
  • Views by an individual customer, where the maximum individual customer Views on an individual Film that will be taken into account of performance, will be twelve (12) per Fee period of three (3) months. This will prevent fraudulent manipulation, automated bots and programs.

8.4 The License Fee and redistribution of haView’s net paid-subscription profits will commence once haView reaches and maintains one thousand (1000) or more subscribers over a sequential, dual billing period or thirty-two (32) days. If haView fails to maintain this subscriber total, the License Fee will be suspended until subscriber totals, once again, reach the aforementioned target of one thousand (1000). Within this suspension period there will be no back-payments for Licensors.

8.5 Upon acquiring twenty-thousand (20,000) paying subscribers, profit share will alter to 70/30, where filmmakers will receive 70% of net paid-subscription profits.

8.6 If the Licensor wishes to receive a License Fee for their content, click “AGREE” in the corresponding box within the Submission form. If the Licensor does not wish to receive a License Fee for their content, do not click “AGREE” in the corresponding box within the Submission form.

8.7 In the occurrence of monetisation via advertisement, the Licensor will receive 50% of all advertisement revenue generated by their film. Once Haview accumulates 20,000 active members (paying or non-paying), the Licensor will receive 70% of all advertisement revenue generated by their film.

 

 

 

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