Gudsho Creators Agreement
This Agreement incorporates the Gudsho Terms of Service and outlines the terms and conditions for you too:
- Sell content using Gudsho On Demand (a platform for selling content)
- Offer content through your branded applications and sites powered by Gudsho
1. Eligibility
You need a Gudsho creator account permitting distribution to sell content on Gudsho On Demand.
(1.1) About Being a Creator
You have to be 18 years or older to sign up as a creator on GUDSHO. Provide legitimate and precise information while creating your account. You are solely responsible for all the happenings with your account.
We suggest you keep the account password confidential for security reasons and to abstain from occurrences of a data breach. In case, you find your account compromised, kindly bring it to our notice and the appropriate action will be taken.
2. Selling Options
For individual title sales, you can choose:
- Purchase options (rent or buy)
- Price per title
- Rental period (applicable to rentals)
- Distribution territory
For subscription sales to a collection of titles, you can choose:
- Subscription period
- Price per subscription period
- Free trial period (up to one month)
- Distribution territory
New videos added to a subscription series automatically become available to subscribers.
3. Donations
You can enable donations for your video content. The platform allows accepting donations from users through a third-party payment solution. To use this feature, you must use Gudsho's payment vendor and comply with their terms of service. Gudsho is not responsible for payments made through this solution.
4. Licenses
(4.1) Limited License
You grant Gudsho the right to:
- Reproduce, distribute, transmit, sublicense (to viewers for personal use only), transcode, publicly perform, and exhibit your video content (and related content like posters and descriptions) based on your choices.
- Use and authorize others to use your name, likeness, biographical material, or voice in your uploaded content to promote your videos or series (with your permission).
(4.2) License Period
These licenses apply as long as your content is offered for sale. If you remove content, Gudsho will:
- Stop offering it for sale to new viewers.
- May continue to make the content available to those who previously purchased it (or provide full or partial
refunds).
5. Economics
(5.1) Your Revenue
Gudsho offers monetization features like TVOD (transaction-based video on demand), SVOD (subscription video on demand), and Donations. You can access these features based on your subscription plan.
Gudsho doesn't charge service fees for purchases within the website/apps. Instead, they collect a monthly subscription fee through payment vendors like Stripe or Paypal
(5.2) Gudsho On Demand Fee
For each Gudsho On Demand sale, there's a Transaction Cost. This covers amounts paid by Gudsho to third parties to facilitate a transaction, including payment processing fees, foreign exchange fees, and platform fees.
(5.3) Payment Terms
Gudsho will pay your Creator Revenue within thirty (30) days of the month's end when the revenue was earned. For Gudsho On Demand Creator Revenue, Gudsho will send payments to your valid bank account, Paypal, Stripe, or another supported payment method.
(5.4) Payment Vendors
If payments are facilitated by a payment vendor (e.g., Stripe or Paypal), you must create and maintain an account with them. You must also comply with their terms of service. Here's what you agree to if Gudsho collects revenue from consumers for your videos:
- Stripe Connected Account Agreement
- Comply with Stripe's Restricted Businesses Policy
- Provide valid banking information in a supported country
You agree to provide all requested information promptly. Gudsho is not responsible for non-payment due to your failure to do so. You represent that all information provided is accurate, complete, and up-to-date. You agree to update any outdated information promptly.
(5.5) Consumer Refunds and Chargebacks
Gudsho may, but is not required to, provide refunds to consumers in certain cases, including:
- Gudsho believes the consumer couldn't stream titles as per purchase terms.
- Gudsho determines a refund is appropriate based on their internal policies (which will be provided upon
request).
- Gudsho suspects fraud.
- The title is subject to an intellectual property infringement notice.
- You breached the Gudsho Terms of Service.
You authorize Gudsho to dispute any chargebacks made by consumers and agree to assist Gudsho in such disputes. Successful refunds and chargebacks will reduce revenue payable to you but won't reduce fees payable to Gudsho.
(5.6) Your Responsibilities and Gudsho's Rights
Gudsho reserves the right to withhold payment or take corrective actions in certain situations. Here's a breakdown
No Payment for Banned Transactions: Gudsho won't pay Creator Revenue for transactions involving refunds, chargebacks, or content/conduct that violates their Terms of Service. You'll also be responsible for repaying Gudsho any amounts received for such transactions.
Withholding or Adjusting Payments: Gudsho may
withhold or adjust your Creator Revenue to:
- Recover any debts you owe them.
- Maintain a reserve for potential refunds or chargebacks.
- Investigate violations of their Terms of Service, fraud, or other illegal activities.
6. Taxes
You are solely responsible for handling your tax obligations. Gudsho doesn't provide tax advice. Consult with your tax advisor to understand how tax laws apply to you.
(6.1) Income Taxes
You're responsible for income taxes on your earnings. Gudsho may withhold taxes from your payments as required by law. They may also file income reports with tax authorities, including the Indian Income Tax Service. You must provide all necessary tax and identification documents for them to process your payments.
(6.2) Sales Taxes (GST)
Gudsho will collect sales taxes (like GST) on subscription transactions where they believe it's required. If you're operating a business in India and paying the subscription fee with Indian Rupees, you'll need to provide a GST number.
Gudsho Copyright Policy
This Gudsho Copyright Policy is inspired by the principles of the World Intellectual Property Organization (WIPO) and is a part of Gudsho's Terms of Service. It outlines the process for reporting and addressing copyright infringement on Gudsho's online services.
1. Respecting Intellectual Property
Gudsho prioritizes protecting the intellectual property of creators and expects all users to do the same. Uploading content that infringes on any third-party copyright is strictly prohibited. Upon receiving a valid notification of copyright infringement, Gudsho will promptly remove the infringing material. Repeat offenders may face account termination.
2. Filing a Copyright Infringement Notice
To report suspected copyright infringement, please submit a detailed notice that includes:
- Your Contact Information: Name, address, phone number (optional), and email address.
- Description of Copyrighted Work: A clear description of the copyrighted work you believe is being infringed.
- Location of Infringing Material: A specific description of where the infringing material is located on Gudsho's service (e.g., URL for a video).
- Good Faith Belief: A statement that you have a good faith belief that the use of the copyrighted work is unauthorized.
- Perjury Statement: A signed statement under penalty of perjury confirming the accuracy of your information and your authority to act on behalf of the copyright owner.
3 .Submitting a Copyright Infringement Notice
You may address inquiries to help@gudsho.com
4. Transparency and User Rights
Gudsho may disclose copyright takedown notices with affected users and relevant third-party databases.
5. Counter-Notifications
If you are a Gudsho user whose content was removed due to a copyright takedown notice and believe it was a mistake, you can file a counter-notification. The counter-notification should include:
- Your Contact Information: Name, address, and phone number.
- Description of Removed Material: A clear description of the removed material and its location before removal.
- Perjury Statement: A signed statement under penalty of perjury claiming you believe the removal was a mistake or misidentification.
- Consent to Jurisdiction: Agreement to the jurisdiction of the relevant court and acceptance of service of process from the original notice filer.
Submit your counter-notification via email to help@gudsho.com
6. Counter-Notification Process
Gudsho will forward the notification to the original copyright claimant. The copyright owner then has the option to file a lawsuit against you for copyright infringement. If no lawsuit is filed within ten (10) business days, Gudsho may restore the content.
Submit your counter-notification via email to help@gudsho.com
7. Repeat Infringers
Gudsho emphasizes a three-strike policy for copyright violations. A strike will be usually issued for each content removal due to a copyright notice. Strikes may be reduced if the particular content is restored or notice is withdrawn. Account termination may happen anytime with less than three strikes for repeated Terms of Service violations
8. Contact Information
You may address inquiries to help@gudsho.com
Company: GUDSHO Digital
Address:
Level 5, Fortius, Plot No.1, Olympia Tech Park,
SIDCO Industrial Estate,Guindy, Guindy Industrial Estate, Chennai,
Chennai City Corporation, Tamil Nadu, India, 600032
Contact No: +91 7305660645
Terms of Service
On continuing to use our website, you agree to comply with the terms and conditions that follow. The term “us” or “we” refers to GUDSHO (gudsho.com) as a whole and our subsidiaries while the term “you” refers to a creator or user depending on the context. The terms that proceed further apply to all users of GUDSHO without exception. Make sure the user information you provide is accurate and doesn’t violate our policies in any manner. If found fraudulent or inappropriate, we hold the right to cancel your account.
Make sure the user information you provide is accurate and doesn’t violate our policies in any manner. If found fraudulent or inappropriate, we hold the right to cancel your account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy and the addenda listed in Section 12 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
1. Your Channel
Launching your channel on GUDSHO is quick and easy. Once you are onboarded, you can create your channel, upload creations on it, and start monetizing. You are allowed to use all the features and tools but can make your channel public only upon subscribing to our platform. You can publish content, curate flexible plans, and offer exclusive access to your users based on the plan they’ve opted.
2. Appropriate Use of Access
Be responsible and true in everything you do on GUDSHO. Since, we offer you access to upload videos, images, and text that are relevant to your offerings, we may monitor your account and its content and strongly suggest all our creators make fair use of the platform. Abstain from publishing content that is false or misleading in any form. We may suspend or terminate your account at any time if your content is abusive, harassing, obscene, offensive, or doesn’t align with the appropriate usage of our platform.
(2.1) Don’t Violate
Potential violations, if any, will be investigated with care, and in the worst cases, we hold the right to terminate your account if found in violation of the terms of use or other false/ fraudulent activities.
Make sure not to spam your supporter base with mail junk or other mailers. GUDSHO does not support these activities and suggests you are true to your followers who engage, support and pay for your work.
(2.2) Be Responsible
Termination of a creator account will be done only in the most extreme cases as we value your time, and creativity spent on your channel and its videos. However, it is in your hands as a creator to maintain the decorum and integrity of your channel and not abuse user data such as name, email address, or other information that they may provide while engaging on your channel.
Also, by accepting our terms of use, you permit us to verify your identity or account information with the help of other websites or services.
3. Your Intellectual Property
Publish content only that you hold complete ownership of. Any and every intellectual property you post on GUDSHO should be yours or you should have full permission to use it on the platform.
You maintain complete possession of all the creatives you post on GUDSHO. Also, you are solely responsible for all the content you post and we at any cost are not responsible for any licensing/ royalty issues in your content.
We assure we will in no way use your content in an inappropriate or exploitative manner. However, you permit us to use your content on the platform with a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, worldwide license to reproduce or distribute your content on our platform and social media purely for promotional purposes only.
You are not permitted to use or disseminate content and creations of other creators on GUDSHO unless and until permitted and given consent by the original content owner. Copying or stealing other users’ intellectual property or property rights is strictly prohibited and can lead to the termination of the account along with legal handling if necessary.
(3.1) Piracy
GUDSHO shall not be held responsible for unsolicited duplication, leakage, digital theft, or unauthorized distribution of your copyrighted or non-copyrighted content on social platforms, pirated websites, or third-party websites
You also agree to the fact that GUDSHO shall have no obligation or liability hereunder in case of unintentional, non-encrypted broadcasts resulting from technical defaults and/or technical spillover that may occur beyond the rational territory including non-geo blocked Internet Protocol or unencrypted satellite overspill from an uplink or illegal downloads, screen recording and online piracy distribution and online security threats and attacks.
4. Payment Processing
GUDSHO ensures smooth monetization and payouts for creators. Payments are processed promptly, although occasional delays may occur for legitimate reasons. Unsolicited user payments may be restricted if deemed spam or fraudulent to protect creators' accounts from suspicious activity.
Payments may be withheld in cases of fraud, copyright infringement, policy violations, or other security concerns. Creators will be notified of any delayed or withheld payments and can communicate with our team for assistance.
(4.1) Automated Billing & Renewals
GUDSHO is a SaaS platform and hence, subscriptions are automatically billed and auto-renewed at the end of the 30 days. Similarly, annual plans will be billed and renewed after the completion of one year. This billing depends on the plan you have chosen while signing up unless otherwise upgraded/downgraded to a different plan.
(4.2) Future Functionalities/ Enhancements
You agree to the fact that your subscriptions are not dependent on any features or functionalities we may add, renew, or remove from the platform; it also doesn’t rely on any mentions from our end about future enhancements.
(4.3) Refund Policy
We don’t offer any kind of refunds in full or partial. GUDSHO follows a No Refund policy and encourages our users to be aware of this. Any refund initiated from our end is at our sole discretion.
5. Abusive Conduct
Make use of GUDSHO as a platform where you can be at your creative best, monetize efficiently, and build a great supporter base. Don’t publish content that could be abusive, disrespectful, obscene, harassing, or illegal of any sort. Maintain integrity and genuineness of your content and channel so that the platform is an interesting space both creators and fans love to be in.
Please note that anything that happens on your channel and account is your responsibility and any mishap might lead to the termination of your account. Make sure to use the money you make out of GUDSHO for legit purposes as it is a community we are trying to build and any illegal use of these funds is not encouraged.
(5.1) Restrictions
All corporations, government agencies, and other legal entities are required to enter their registered title while creating an account on GUDSHO. Do not pretend to be someone else which is a violation of our terms and conditions.
When it comes to the content that you publish, we strongly restrict and disallow:
- Pirated or copied content
- Creatives that are offensive, illegal, or defamatory
- Creatives that belong to fellow creators are used without written permission
- Creatives with sexually explicit content
- Creatives portraying gamble or lucky draws that ask users to pay to participate
We advise creators to
- Be responsible with your channel and user data
- Be creative but cautious when it comes to the content you publish
- Stay authentic to your content and users who pay to watch your videos
- Do not publish videos that are bullying, hurtful, trolls, or passes hate comments
6. Subscriptions:
You are free to cancel your subscription at any time. You can also upgrade or downgrade your subscription at any time, which will be in effect only in the subsequent month and not the current payment term. By switching to a different plan, your access to a creator’s creations and the content will also vary.
(6.1) Exclusions of Warranty
GUDSHO provides its content and services on an “as-is” basis and hence, does not provide a warranty of any kind including but not limited to the warranty of merchantability, fitness for a particular purpose, non-infringement, or any other warranty in law. The clause mentioned above also applies to our subsidiaries, parent companies, affiliates, or third-party associates.
(6.2) Liability Disclaimer
In case you incur a monetary loss on using GUDSHO, reimbursement if any is only limited to the amount received by us by your usage of the platform. In no event permitted by law shall GUDSHO be liable for any indirect, incidental, consequential, goodwill, special, or punitive damages or monetary losses, both tangible and intangible, even though GUDSHO is advised of the possibility of such damages unless and until mentioned in this agreement if any.
(6.3) Terms & Termination
These terms are effective upon your use of the GUDSHO account and will remain effective as long as you use the platform. GUDSHO reserves the right to terminate the agreement at any time for legitimate reasons, and users can also terminate the account by deleting their accounts. Breach of this agreement will result in serious consequences, including immediate termination, feature limitations, or withholding of payments. Creating new accounts after termination is restrained.
7. Force Majeure
While we make sure our platform and services run smoothly without any halt, there might be an unforeseeable situation we may have no control over. In no event shall GUDSHO be liable for any failure or delay in the performance of its obligations caused by factors including but not limited to (i) strikes/ work stoppages (ii) accidents or natural catastrophes (iii) terrorism, civil or military disturbances (iv) interruptions, malfunction of utility, transportation, telecommunication/ computer equipment. Under any circumstances as the result of the above-mentioned factors and anything that happens beyond our control, GUDSHO shall not be entitled to the contractual obligations of this agreement until the situation is resolved.
8. Dispute Resolution
Please note that we will be involved in any kind of dispute that arises among our platform users. In case of issues or concerns you as a user have with GUDSHO, we kindly ask you to communicate with us before taking it legally. We encourage fair negotiation via mediation or otherwise before resorting to the court. If in the worst case, any disputes arise relating to these terms of use or you using GUDSHO, and cannot be negotiated otherwise shall be resolved in the High Court, Chennai, Tamil Nadu, under Indian Law.