Payment Addendum

This Payment Addendum is a part of Vimeo’s Terms of Service and covers payments that you make to Vimeo (except for Vimeo PRO or Plus subscriptions) and payments that Vimeo may make to you.

1. Payments made by you. You may make payments to Vimeo for transactions and services that Vimeo offers, including Vimeo On Demand content, Music Store tracks, and Amara captioning services. All payments are final and non-refundable. Notwithstanding the foregoing, Vimeo may, in its sole discretion, make refunds if it determines that the circumstances warrant a refund.
2. Payments made to you. Vimeo will pay you Creator Revenue (as defined below) within thirty (30) days of the end of each month in which such revenue was earned. Vimeo will make all payments to your PayPal account or other payment method offered by Vimeo. Vimeo shall have no obligation to pay Creator Revenue with respect to any transaction that is subject to a refund or chargeback. Vimeo may withhold amounts or make adjustments: (a) to satisfy any refunds that it may make; (b) pending any investigation of fraud or other illegality; and (c) as required by US tax law.
3. Vimeo on Demand— Watching videos. This Section 4 covers purchases by you of videos and subscriptions on Vimeo On Demand.
   1. Viewing choices. You may watch Vimeo On Demand videos through one of the following methods:
      1. Rent. You may “rent” a specific video title for a one-time fee. This gives you the right to stream a video an unlimited number of times during a specific time period (“Rental Period”). When that period ends, you no longer have access to the video.
      2. Buy. You may “buy” a specific video title for a one-time fee. This gives you the right to download the video for permanent storage and/or to stream it for an indefinite period of time.
      3. Subscribe. You may “subscribe” to a specific video series for a recurring fee. This gives you the right to stream or download (if offered) videos that are available in the series (including videos that are later added) during your subscription period. You will be charged an initial subscription fee (plus any tax) for your first subscription period at the time of your purchase. Your subscription will automatically renew for the same period of time as your initial subscription period (e.g., month, year) until you cancel automatic renewal. Your payment method will be charged the subscription fee (plus any tax) at the beginning of each renewal period. You may cancel automatic renewal any time by adjusting your settings. Refunds are not available for partial subscription periods.
   2. Limited license. After paying the required fee, you have the right to, depending on your viewing choice: (i) stream rented videos during the Rental Period; (ii) download and stream videos you’ve bought; and/or (iii) stream or download videos in a subscription series during your subscription period.
   3. Restrictions. You may only stream or download videos for your personal viewing purposes. You may not: (i) transmit or distribute any video through any means; (ii) publicly exhibit any video; or (iii) resell views of any video; or (iv) allow others to log into your Vimeo account for the purpose of watching a video.
   4. Video availability. Videos are provided on an as-available basis. Vimeo does not guarantee that any particular video will be available for streaming or download after purchase. If a creator ceases to make a video available or if a video becomes unavailable for legal reasons, Vimeo may, without penalty, eliminate or reduce the amount of time you have to stream or download the video, notwithstanding the period displayed at the time of your purchase.
4. Vimeo on Demand— Selling videos. This Section 5 covers videos that you sell through Vimeo On Demand.
   1. Eligibility. In order to sell a video or video series through Vimeo On Demand, you must have and maintain Vimeo PRO subscription.
   2. Selling choices. For rent and buy options, you must select: (a) the purchase options (rent or buy); (b) the retail price(s); (c) the Rental Period (rental only); and (d) the distribution territory. For subscription, you must select: (a) the subscription price per period; and (b) the distribution territory. When you add a new video to a subscription series, it will automatically become available for viewing by subscribers.
   3. Limited license. You hereby grant Vimeo the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), transcode, publicly perform and exhibit, and otherwise exploit and promote the video (and all related materials that you may upload, including poster and video description) through Vimeo On Demand in accordance with your choices. You also grant Vimeo the right (but not the obligation) to use and authorize others to use your name(s), likeness(es), biographical material(s), or voice(s), as contained in the materials you upload, in any media for the purpose of promoting your videos or series.
   4. License period; removed videos. The above licenses will continue so long as you offer a video. If you remove a video, Vimeo (i) will cease offering the video for sale to new viewers; and (ii) may, in its discretion, continue to make the video or series available to those users who previously entered into a buy, rent, or subscribe transaction with respect to the video or provide full or partial refunds to such persons.
   5. Creator Revenue; Vimeo service fee. You are entitled to 90% of Net Revenue (“Creator Revenue”) from your Vimeo On Demand sales; Vimeo will retain 10% of such Net Revenue as a service fee. “Net Revenue” means gross revenue actually received from end users from a Video On Demand transaction less transactional costs, chargebacks, and refunds and excluding any taxes (including VAT). “Transactional costs” are amounts paid by Vimeo to third parties to facilitate a transaction and may include, without limitation, payment-processing fees, foreign exchange fees, and platform fees (e.g., for transactions occurring through online third party stores or systems).
   6. Promo Codes. We may make promo codes available to you to distribute your film to backers, reviewers, and friends and family for viewing without charge. You may not sell promo codes or otherwise use them to distribute your film in exchange for payment or other consideration except in connection with crowdfunding or Vimeo’s prior written consent. We reserve the right to restrict promo codes for any reason.
5. Music Store Tracks. All Music Store tracks are offered by third party providers under licenses provided by those providers. You use of tracks that you purchase from Music Store is governed exclusively by such licenses.
6. Amara Captioning Services
   1. Free Amara Software. Vimeo may allow users to use subtitling and captioning software provided by Participatory Culture Foundation, Inc. (“Amara”) to create and edit subtitles and captions for their videos. For more information about Amara, visit Amara’s website.
   2. Paid Amara Services. Vimeo may also allow users to purchase certain subtitling, captioning, and translation services from Amara. You must pay all quoted fees in advance. Pricing for each service is based upon the number of minutes in your video, rounded up to the next minute. If Amara declines to process an order, you will be refunded. Customer service for paid Amara services is provided exclusively by Amara. To contact Amara, go here.
   3. Permissions. By purchasing paid Amara services, you grant Vimeo permission to provide Amara with a copy of your video for the sole purpose of providing the paid Amara service. You further grant Amara, including third party transcribers that work with Amara, permission to use your video for the sole purpose of providing the paid Amara service.
   4. Privacy. Vimeo will share your video, instructions, and your unique Vimeo user identification number with Amara so that Amara can process your order and track any customer service inquiries made by you. Amara may provide a copy of your video to third party transcribers that it has contracted with to provide the paid Amara service.
   5. No Representations or Warranties. Vimeo makes no representation or warranty that: (i) translations will be available in every language; (ii) every order for paid Amara services can or will be processed; (iii) estimated turnaround times for paid Amara services will be met; or (iv) the Amara software or of any captions, subtitles, or translations provided by Amara, whether free or paid, will be error-free, provided in a timely manner, fit for a particular purpose, or compliant with any particular standard or law.
7. Currency. Vimeo may permit you to offer certain content and services in currencies other than U.S. dollars. Transactions in such currencies will be converted into U.S. dollars for each day of sales based upon the day’s final exchange rate as reasonably calculated by Vimeo. For clarity, a day is determined by reference to the time zone applicable to New York City. Any revenue share will be paid out in U.S. dollars.
8. Taxes.
   1. Income taxes are solely your responsibility. Vimeo may withhold amounts from any amounts due to you that Vimeo determines in good faith must be withheld pursuant to US tax law. Vimeo may file reports concerning income with any taxing authority, including the US Internal Revenue Service.
   2. Vimeo may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Vimeo believes in good faith that VAT collection is required for a Vimeo On Demand sale, Vimeo may collect VAT on a “VAT-inclusive” basis, meaning that it will charge the retail price of the video and deduct applicable VAT from the amounts received from the purchaser.
9. Violations. Vimeo shall have no obligation to pay Creator Revenue with respect to any content or conduct that violates Vimeo’s Terms of Service, including this Payment Addendum, and you must repay to Vimeo any amounts you have received with respect to any such violation. Vimeo may, in its discretion, suspend, limit, or disable any user’s participation in Vimeo On Demand at any time.
10. General. You agree and acknowledge that you and Vimeo are independent contractors and not partners, joint venturers, or fiduciaries of one another. If you have a negotiated agreement with Vimeo concerning your use of Vimeo On Demand, the negotiated agreement governs and supersedes any inconsistent term in this Payment Addendum.