TERMS AND CONDITION OF USE


Welcome to HAMOTTE


Introduction


Thank you for using HAMOTTE platform. Its products, services and features are available to you on www.hamotte.com .


Our services enable you to discover, watch and share videos and other contents. We provide a platform for people to connect, inform and inspire others around the world, and which acts as a distribution forum for original content creators and advertisers, both large and small. We provide lots of information about our products and how to use them in our help centre.


Your service provider


The entity providing the Service is GROUPE NETORA Sarl, Tel: 00 237 95 13 56 21 /00 237 33 03 77 49, P.O. Box: 14065, Ekie-Yaounde, Cameroon, Trade Register: RC/YAO/2010/B/378 Taxpayer No.: M061000032673S and it is a Limited Liability Company with a Capital of CFAF one million (1 000000).


Applicable terms


You are subject to these terms and conditions, to the HAMOTTE Community Rules and to the Security and Copyright Policies which may be updated from time to time. Your contract with us will also include HAMOTTE\'s advertising policies if you provide advert or sponsorship to the service or include paid promotions in your content. Any other links or references provided in these Terms are for informational purposes only and are not part of the Agreement.


Please read this agreement carefully and make sure you understand it. If you do not understand the agreement or do not accept any part of it, you may not be able to use the service.


Service Users


Age requirements


You must be at least 15 years to use the Service; however, if authorised by a parent or legal guardian.


Parent or guardians authorisation


If you are below 18 years and attest that you have your parent\'s or guardian\'s authorisation to use the Service, please ask them to read this agreement with you.


If you are the parent or legal guardian of a user under the age 18, by authorising your child to use the Service, you are subject to the terms of this Agreement and responsible for your child\'s activity on the Service.


Companies


If you are using the Service on behalf of a company or organisation, you should declare that you have the authority to act on behalf of that entity and that it accepts this Agreement.



How to use the Service


Content on the Service


Content includes video, audio (e.g. music and movies), graphics, photos, text, trademarks, interactive features, software, statistics and other materials provided by you, HAMOTTE or a third party.


The content is the responsibility of the person or entity providing it to the Service. HAMOTTE has no obligation to host or distribute content. If you see content that you believe does not comply with this Agreement, including violating community guidelines or the law, you may report it to us.


E-mail accounts and HAMOTTE page


You can use certain parts of the Service, such as browsing and searching for Content, with any email account. Your open account enables you to like videos, subscribe to channels, create your own HAMOTTE channel, and much more. You can follow these instructions to create an account.


Creating an HAMOTTE page will give you access to additional features and functions, such as uploading videos, writing comments or creating playlists (if applicable).


To protect your HAMOTTE account, keep your password private. You must not re-use your HAMOTTE account password on third-party applications.


Your information


Our Privacy Policy shows how we handle your personal data and protect your privacy when you use the Service. HAMOTTE\'s privacy notice.


We will process any audio or audio-visual content you have uploaded on the Service in accordance with HAMOTTE\'s Data Processing Terms, except in cases where you have uploaded such content for personal use or for local activities.


Authorisations and restrictions


You may access and use the Service as it is presented to you, provided that you comply with this Agreement and applicable law. You may view or listen to the Content for your personal, non-commercial and commercial use. You may also broadcast videos.


The following restrictions apply to your use of the Service. You may not: access, reproduce, download, dispatch, transmit, disseminate, post, sell, license, alter, modify or otherwise use any portion of the Service or any Content, except:


(a) as clearly allowed by the Service; or


(b) with the prior written permission of HAMOTTE and, where applicable, the respective holders of right;


By-pass, deactivate, fraudulently interact with or otherwise interfere with any part of the Service (or attempt to do any of the foregoing), including security related features or features that (a) prevent or restrict copying or any other use of the Content or (b) limit the use of the


Service or the Content;


access the Service using any automated means except (a) in the case of public search engines, in accordance with HAMOTTE\'s robots.txt file; or (b) with the prior written approval of HAMOTTE; collect or produce any personally identifiable information (e.g., user name or faces), except with the permission of that person; use the Service to distribute unwanted promotional or commercial content or other unwanted or bulk petitions; cause or encourage inaccurate dimensions of users\' actual engagement with the Service, including paying people or offering them incentives to increase the number of views, likes or dislikes of a video, or to increase the number of subscribers to a channel, or manipulate capacity in any way; abuse any reporting, flagging, complaint, litigation or appeal process, including submitting unsubstantiated, vexatious or frivolous comments; run contests on or through the Service that do not comply with HAMOTTE\'s contest policies and guidelines; use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly view videos or stream music from the Service); or use the Service to (a) sell adverts, sponsorships or promotions placed on, around or in the Service or Content other than those allowed in the OK-KO TUBE\'s advertising policies (such as commitment of compliant product); or (b) sell adverts, sponsorships or promotions on any page of a website or application that contains only content from the Service or where content from the Service is the primary basis for such sales.


Reservation


Use of the Service does not give you any rights to ownership or rights in any aspect of the Service, including usernames or any other Content published by others or by HAMOTTE.


Develope, improve and update the Service


HAMOTTE constantly modifies and improves the Service. As part of this ongoing development, we may make modifications or changes (to all or part of the Service) such as adding or removing features and facility, offering new digital content or services or removing old ones. We may also need to modify or discontinue the Service, or any part of it, in order to improve performance or security, to make changes to comply with the law, or to prevent illegal activity or abuse of our systems. These changes may affect all the users, some users or even an individual user. Where the Service requires or includes downloadable software (such as the HAMOTTE Studio application), this software may automatically update on your device when a new version or feature becomes available, without prejudice to your device settings. If we make significant changes that adversely affect your use of the Service, we will give you reasonable notice, except in urgent situations such as preventing misuse, complying with legal requirements or addressing security and operability issues.



Content and Conduct


Downloading content


If you have an HAMOTTE page, you may be able to upload content to the service. You can use your content to promote your business or artistic endeavour. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law, the Content you submit must not include any third party intellectual property unless you have that its permission or are legally entitled to do so. You are legally responsible for the content you submit to the Service. We may use automated systems that analyse your content to help detect violations and abuse, such as spam, malware and illegal content.


Rights you give


You preserve ownership rights to your content. However, we ask you to grant certain rights to HAMOTTE and to other Service users, as described below.



HAMOTTE Licence


By providing Content to the Service, you grant HAMOTTE a worldwide, non-exclusive, copyright-free, capable of constituting sub-licensable and transferable license to use such Content (including reproducing, distributing, preparing derivative works, displaying and performing such Content) in connection with the Service and HAMOTTE\'s (and its successors and associates) business, notably for the purpose of promoting and redistributing part or all of the Service.



Users Licence for others


You also grant to every other user of the Service a worldwide, non-exclusive, copyright-free license to access and use your Content through the Service, including reproducing, distributing, preparing derivative works, displaying and performing such Content, solely to the extent allowed for by a feature of the Service (such as video playback or embedding). For greater clarity, this licence does not grant any right or permission to a user to use your content independently of the Service.


Licence Duration


The licenses you grant may continue for a commercially reasonable period after you delete or remove your content from the Service. However, you will then understand and agree, that HAMOTTE may retain, but not display, distribute or perform, copies of your videos found on the server that have been deleted.



Right to monetise


You grant HAMOTTE the right to monetise your Content on the Service (and such monetisation may include displaying adverts on or in the Content or charging access fees on users). This agreement does not entitle you to any payment.


Products


Product content and copyright


The user declares ownership from the onset, and subsequently transfers, all rights of use and ownership relating to the product that he/she publishes, unless otherwise stipulated from the onset, notified in the details provided for his/her product. The Site reserves the right to use any material relating to a product and any content published on the site for marketing, promotional or publishing purposes, without limitation of use.


It should be noted that the Site only accepts immaterial products, i.e. products that do not require physical delivery and do not authorise an encounter between the seller and the customer. The entire delivery process must take place in the Site\'s order manager.


Rate per video or movie


Basic rate


The basic rate of videos and movies is set at $0 excluding bank charges and VAT, and gives free access to all members, but may give the seller the opportunity to make a tip in the form of a donation.


Users can set a price for their videos and the minimum price is $2 excluding bank charges and VAT. HAMOTTE earns 10 per cent commission excluding VAT on this price;



Users are allowed to publish ads and the cost per view is $0.1 excluding bank charges and VAT and $0.5 excluding bank charges and VAT per click. Each video editor will earn 0.2$ per ad excluding bank charges and VAT.



Options


A Seller can modify the price of his/her videos



Withdrawal request limit


Users have a minimum withdrawal request of $50 excluding bank charges and VAT.


Delete your content


You may delete your Content from the Service at any time. You may also make a copy of your Content before deleting it. You must delete your Content if you no longer have the rights required by these Terms and conditions.


Deletion of Content by HAMOTTE


If any of your Content (1) breaches this Agreement or (2) may cause harm to HAMOTTE, our users or third parties, we reserve the right to remove or delete all or part of that Content at our discretion. We will inform you of the reason for our action, unless we reasonably believe that doing so would: (a) violate the law or the instructions of any law enforcement authority or otherwise risk the legal liability of HAMOTTE or our associates; (b) compromise an investigation or the integrity or operation of the Service; or (c) cause harm to any user, other third party, HAMOTTE or our associates.


Strikes related to community rules


HAMOTTE applies a warnings system to content that breaches the HAMOTTE community rules. Each warning has varying restrictions and may result in the final deletion of your channel from HAMOTTE. A full description of how a warning affects your channel is available on the Warnings Basics page of the Community Rules. If you believe that a warning has been issued in error, you can contact us.


If your channel has been restricted due to a warning, you must not use another channel to circumvent these restrictions. Violation of this prohibition constitutes a material breach to this Agreement and GROUPE NETORA Sarl reserves the right to terminate your account or your access to all or part of the Service.


Copyright Protection


We provide information to help copyright owners manage their intellectual property online in our HAMOTTE Copyright Centre. If you believe that your copyright has been infringed on the Service, please send us a notice.


We respond to notifications of alleged copyright infringement, where you can also find information on how to resolve a copyright infringement warning. HAMOTTE\'s policies provide for the termination, in appropriate circumstances, of access to the Service of repeated infringers.


Suspension and termination of account


Termination by you


You may stop using the Service at any time. Simply press delete your HAMOTTE account, which involves closing your HAMOTTE page and deleting your data. You can also download a copy of your data first.


Termination and suspension by HAMOTTE


HAMOTTE reserves the right to suspend or terminate your account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with any legal requirement or court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, HAMOTTE or our associates.


Termination or suspension notice


We will notify you of the reason for termination or suspension by HAMOTTE, unless we reasonably believe that doing so would: (a) violate the law or the instructions of a law enforcement authority; (b) compromise an investigation; (c) compromise the integrity, operation or security of the Service; or (d) cause harm to any user, other third party, HAMOTTE or our associates.


Effect of account suspension or termination


If your HAMOTTE account is terminated or your access to the Service is restricted, you may continue to use certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension was done by error, you may contact us at any time.


About the service software


Downloadable software


Where the Service requires or includes downloadable software, unless such software is governed by additional terms providing for a licence, HAMOTTE grants you a personal, worldwide, copyright-free, non-transferable and non-exclusive licence. Use the software provided to you by HAMOTTE as part of the Service. The sole purpose of this license is to enable you to use and enjoy the benefits of the Service provided by HAMOTTE, in the manner authorized by this Agreement. You may not copy, modify, distribute, sell or rent any part of the software, nor reverse engineer or attempt to extract the source code of the software, unless the law prohibits such restrictions or you have written permission from HAMOTTE.



Open source


Some software used in our Service may be offered under an open source licence which we make available to you. There may be provisions in an open source license that expressly supersede some of these terms, so be sure to read those licenses.


Other legal conditions


Warranty statement


OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY THE LAW, THE SERVICE IS PROVIDED AS IT IS AND HAMOTTE MAKES NO SPECIFIC WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICE. FOR EXAMPLE, WE MAKE NO WARRANTY REGARDING: (A) THE CONTENT PROVIDED BY THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.



LIMITATION OF LIABILITY


EXCEPT AS REQUIRED BY APPLICABLE LAW, HAMOTTE, ITS ASSOCIATES, LEADERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:



ERRORS, MISTAKES OR INACCURACIES ON THE SERVICE;


PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;


ANY UNAUTHORISED ACCESS TO OR USE OF THE SERVICE


ANY INTERRUPTION OR TERMINATION OF THE SERVICE;


ANY VIRUS OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY A THIRD PARTY;


ANY CONTENT, WHETHER SUBMITTED BY A USER OR HAMOTTE, INCLUDING YOUR USE OF THE CONTENT; AND/OR


THE DELETION OR UNAVAILABILITY OF ANY CONTENT.


THIS PROVISION APPLIES TO ANY CLAIM, WHETHER THE ASSERTED CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.



THE TOTAL LIABILITY OF HAMOTTE AND ITS ASSOCIATES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATEST AMOUNT OF REVENUE HAMOTTE HAS PAID YOU FOR YOUR USE OF THE SERVICE12 MONTHS BEFORE THE DATE. IN YOUR Statement, IN WRITING TO OK-KO TUBE, OF THE CLAIM; AND (B) $500 USD.



Compensation


To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless HAMOTTE, its associates, leaders, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including, without limitation, attorneys\' fees) arising from: (i) your use of and access to the Service; (ii) your breach of any term of this Agreement; (iii) your violation of any right of a third party, including, without limitation, any copyright, proprietary or privacy right; or (iv) any claim that your content has caused damage to a third party. This obligation to defend and indemnify shall survive this Agreement and your use of the Service.



Third party links


The Service may contain links to third-party websites and online services that are not owned or controlled by HAMOTTE. HAMOTTE has no control over, and assumes no responsibility for, these websites and online services. Please be aware when you leave the Service; we suggest you read the terms and conditions and privacy policy of each third party website and online service you visit.



About this agreement


Modification of this Agreement


We may change this Agreement, for example (1) to reflect changes to our Service or the way we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory or security reasons. or (3) to prevent abuse or prejudice.



If we substantially change this Agreement, we will provide you with reasonable notice and an opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing continued abuse. or meeting legal requirements. If you do not agree to the new terms, you must delete any content you have uploaded and stop using the service.



Follow-up of this agreement