Effective Date: 11th October 2024
This Terms of Service Agreement ("Agreement") governs your use of the website and services ("Services") provided by Para Media ("we," "us,", "our" or the "Company"). By accessing or using our website or Services, you ("User") agree to be bound by this Agreement. If you do not agree with the terms and conditions outlined below, you must discontinue using the Services immediately.
By entering into this Agreement, the User acknowledges that they have thoroughly read and fully understood the terms and conditions outlined herein. The User warrants that they are legally capable of entering into a binding contract and agree to fulfill all obligations under this Agreement.
In the event of any uncertainty or lack of understanding of any clause, the User confirms that they have consulted with a qualified lawyer specializing in contract law within the United Arab Emirates and have obtained legal clarification on all provisions. The User irrevocably waives any right to claim, in court or otherwise, that they did not understand the terms of this Agreement or entered into it without appropriate legal counsel.
If the User is under the age of 18 and eligible to participate in the program, they further affirm that they have obtained the express consent of their parent(s) or legal guardian(s), who have also read and understood the entirety of this Agreement prior to the User’s enrollment or purchase. The Company shall not be held liable for any claims arising from a User’s failure to comply with this representation.
We prioritize the security and privacy of our users. However, external companies and third-party providers (such as YouTube, payment processors, and service providers) handle some aspects of user data, and we cannot guarantee the security of data once it is passed to these external parties. By using our Services, Users acknowledge and agree that their personal information may be shared with and processed by third parties in accordance with our Privacy Policy below.
We store and process personal data as outlined in our Privacy Policy, and Users are encouraged to review it for full details on how their data is used. While we take appropriate measures to protect user data, Para Media cannot be held liable for any data breaches, leaks, or accidental sharing of customer information by third parties or as a result of unauthorized access to our systems. Users expressly waive the right to make claims against Para Media for any loss or damage related to their personal data.
We collect several types of information when you interact with our Services.
We may collect personally identifiable information such as your name, email address, payment information, and other details necessary for account creation or to participate in the Services.
We also collect revenue and transaction data related to your earnings, payouts, and history on our platform. Additionally, we may collect usage data such as your IP address, browser type, device identifiers, pages visited, and interactions with the platform.
We use cookies and other tracking technologies to enhance your experience, monitor usage patterns, and improve our platform.
We use the information we collect to provide, maintain, and improve our Services. This includes processing payments, managing payouts, and offering customer support.
Your information is also used for communication purposes, such as account-related updates and marketing messages, when applicable. We use data analytics to better understand how our platform is being used and how we can improve functionality.
We may also use your information to ensure legal compliance, protect our rights, and prevent fraudulent or unauthorized activities.
We use third-party companies to help facilitate our Services, such as payment processors, cloud storage providers, and analytics tools. These third parties may handle sensitive information, including payment details and revenue data.
We take reasonable precautions to work with reputable third parties. However, we cannot control or be held liable for any breaches, data leaks, or misuse of information by these third-party providers. You agree that we are not responsible for any loss or damage caused by third-party actions or omissions.
We may share your personal information with service providers who perform tasks on our behalf, such as payment processing and analytics. These third parties are required to protect your data in accordance with our policies and any applicable laws.
We may disclose your data to comply with legal obligations, respond to lawful requests from authorities, or protect our rights. If the Company is involved in a merger, acquisition, or asset sale, your information may be transferred to the new entity.
We will not share your personal information with third parties for marketing purposes without your consent.
We implement security measures to protect your data from unauthorized access, disclosure, or destruction. These measures include encryption, access controls, and secure hosting environments.
Despite these precautions, no method of data transmission or storage is completely secure. By using our Services, you acknowledge that we cannot guarantee absolute security and agree that we are not liable for any unauthorized access, breaches, or misuse of your information.
We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected. This includes maintaining your account, processing payments, and complying with legal obligations.
When your information is no longer needed, we will securely delete or anonymize it unless further retention is required by law. You may request that we delete your personal data, subject to certain legal or contractual obligations.
You have certain rights regarding your personal data, depending on your jurisdiction. These may include the right to access, correct, or delete your data, and the right to object to certain processing activities.
If you wish to exercise any of your rights, please contact us using the details provided below. Please note that some requests may limit your ability to use certain features of our Services.
Your information may be transferred to, and stored in, countries outside your home country, including countries that may not have data protection laws equivalent to those in your jurisdiction.
By using our Services, you consent to the transfer of your information to these countries. We take appropriate steps to ensure that your data is handled securely and in accordance with this Policy, regardless of where it is processed.
We reserve the right to modify this Privacy Policy at any time, with or without notice. Any significant changes will be communicated through the platform or by email. Continued use of our Services following any changes constitutes your acceptance of the updated Policy.
You are encouraged to review this Policy periodically to stay informed about how we are protecting your information.
If you have any questions or concerns about this Privacy Policy, or if you would like to exercise your data protection rights, please contact us at privacy@paramediaglobal.com
We provide access to our website and Services on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue the website or any part of the Services, without notice, and without liability.
The content and Services provided on our website may not always be accurate, current, or complete. We make no guarantees regarding the accuracy, reliability, or availability of the Services, and we are under no obligation to maintain or update the website.
Users agree not to use any automated systems (e.g., robots, spiders, or scrapers) to access our website or Services without our express permission. Any violation of this clause may result in immediate termination of access to our Services and potential legal action.
We do not warrant that the Services will be error-free, secure, or uninterrupted. The Services are provided on an "as-is" basis without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Throughout this agreement, music owned by Us and available for you to use under this agreement will be referred to as the Music.
Users must be of legal age to enter into a binding contract (or the age of majority, whichever is higher) in their country of residence. By subscribing, the User warrants that they are using their own funds, have the legal authority to make payments, and are not using stolen or illegally sourced funds.
We make no representations or guarantees regarding the performance of the Services, including but not limited to revenue generation or financial success. Any past performance estimates, marketing materials, or examples provided are for illustrative purposes only and should not be relied upon as indicators of future success. Users acknowledge that they are solely responsible for conducting additional research into the platform if they have concerns about potential results. Users also acknowledge that RPM and revenue metrics may fluctuate significantly between niches and accounts for reasons beyond Our control. Participation in the program carries the inherent risk of generating no revenue whatsoever, and Users accept the possibility that they may make $0 from their involvement. By using the Services, Users agree not to hold the Company liable for any perceived failure to achieve financial success or for any performance-related issues. Users further agree that they will not pursue any legal action or claim for losses, damages, or lack of returns arising from their participation in the program.
Users agree to fully abide by YouTube's Terms of Service. If we suspect that a User is in violation of these terms or if YouTube suspects a User of botting views, the User agrees to allow us to request that YouTube take action against the User’s account, including suspension or termination of YouTube and AdSense accounts.
We do not endorse, nor are we liable for, any content posted by Users, including content that uses our music. Users are fully responsible for their own content, and we do not assume any responsibility for or endorse their opinions.
Users must not share their account credentials with unauthorized individuals and are responsible for maintaining the security of their account. Any breach in account security that results in damages to the User or us may result in account suspension or termination.
Users agree not to publicly disparage, defame, or slander our company in any medium, including but not limited to social media, forums, or other public platforms. In the event of a violation of this clause, we reserve the right to remove the User from the platform and limit or suspend access to our Services as we deem appropriate, without refund or liability. Any pending payments may also be subject to review and could be impacted accordingly based on the nature of the violation.
All intellectual property rights in the platform, music, and associated materials remain Our sole property. Users are granted a limited, non-exclusive, revocable license to use the provided music solely for the purposes of creating eligible YouTube Shorts, in compliance with this Agreement.
Users agree to remove any infringing content upon receiving a valid DMCA notice or face suspension from the platform. Additionally, we reserve the right to remove any content that violates copyright law or that is subject to a takedown notice without prior notice to the User.
Users acknowledge and agree that by participating in the program and using the music provided by the Company, they grant us the right to monetize such music, including but not limited to collecting revenue from YouTube, its partners, and other platforms. Users understand and consent to the fact that the Company may also generate revenue from the same content that Users create using our music, and Users have no objection to this arrangement. This consent applies to any and all revenue generated from the use of our music on eligible platforms, and Users agree that this does not entitle them to any additional compensation beyond what is outlined in this Agreement.
All payments will be made in GBP (£). We are not responsible for any currency exchange rate fluctuations, bank fees, or third-party payment processing fees. All such fees are the responsibility of the User.
We are prohibited from making payments to any country or region that is sanctioned by the UK for financial activities. It is your responsibility to ensure that you are not located in a sanctioned country.
Users are solely responsible for providing accurate payment information. We are not liable for any delays or failures in payment due to incorrect or incomplete payment details provided by the User. Users must respond to automated self-billing emails with their payment information, or they risk delays in receiving payments.
Revenue payouts are only applicable to videos and accounts owned and operated by the User. The User is not entitled to any payments generated by other social media accounts using our music that they do not own, even if those accounts are indirectly associated with the User’s content (ie through remixes).
We will not make any payments until the total amount due to the User exceeds $40 USD. Payouts will only be made once this minimum threshold is met.
We are not respon
sible for any delays or errors in payments due to incorrect payment information or failure to meet our minimum payout thresholds. Furthermore, we are not responsible for any losses caused by fluctuations in currency exchange rates or third-party processing fees.
While it is rare, Users acknowledge that any revenue payouts from the program are contingent upon Para Media receiving payments from YouTube and/or its music partners. If YouTube or its music partners fail to pay us for any reason, we are not obligated to pay Users, and any payment obligations to Users are thereby nullified. Furthermore, Users agree that any delays in our receipt of payments from YouTube or its music partners will result in corresponding delays in payouts to Users. Users expressly waive any right to object or claim damages arising from such delays, and they agree that payouts will be made only after Para Media has received the corresponding funds.
We are not liable for any content created, posted, or distributed by Users. Users agree to indemnify us for any claims or damages arising from their actions, including violations of copyright law, YouTube’s terms, or any illegal activity.
Users agree to indemnify, defend, and hold harmless, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from:
We shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, labor disputes, or technical failures beyond the company’s control. In such cases, we reserve the right to modify or suspend Services temporarily without liability.
To the fullest extent permitted by applicable law, the Company and its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of the Services.
The User agrees to work exclusively with the Company for the services provided under this Agreement. During the term of this Agreement and for a period of one (1) month following its termination, the User shall not:
(i) Contract with, engage, solicit, or encourage, directly or indirectly, in any business, employment relationship, or render services to any other clients, employers, consultants, representatives, or agents, or in any other capacity, in any business creating media content and offering a revenue share for such content, or selling services similar to those provided by the Company.
(ii) Undertake any activities that are or will be contrary to or in conflict with the interests of the Company, its clients, or the User’s duties and obligations as set forth in this Agreement.
A breach of this clause shall constitute a material breach of the Agreement and shall entitle the Company to terminate this Agreement immediately by providing written notice to the User.
In no event shall the Company’s total liability to any User, for any claim arising out of or relating to this Agreement, including but not limited to claims arising in contract, tort, negligence, product liability, or any other legal theory, exceed an amount equivalent to the User's share of profits directly generated and retained by the Company from the User’s content in the program during the three (3) months immediately preceding the date of the incident giving rise to the claim. This limitation applies regardless of the nature of the claim, even if the Company has been advised of the possibility of such damages, and applies to all forms of damages including but not limited to direct, indirect, incidental, consequential, and punitive damages.
We reserve the right to modify or update this Agreement at any time, with or without prior notice. Any significant changes will be communicated to Users via email, through the platform, or by updating this Terms of Service page accessible from the dashboard's settings icon. Continued use of the Services after any changes have been made constitutes acceptance of the revised Agreement.
The User agrees that all obligations, liabilities, and responsibilities outlined in this Agreement shall continue to apply indefinitely, even after the User has cancelled or terminated their participation in the program. Cancellation or termination by the User does not relieve them from any outstanding liabilities or claims that may arise under the terms of this Agreement, and the User remains bound by all terms, conditions, and restrictions, perpetually, unless expressly waived by the Company in writing.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed severed from the Agreement, and the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the original intent of the parties to the greatest extent possible.
We also reserve the right to suspend or terminate any User account for violations of these terms, including but not limited to fraudulent activities, misuse of our music, or botting views.
This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall be resolved exclusively through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). Arbitration shall take place in London, England, and the language of arbitration shall be English.
By agreeing to this Agreement, Users expressly waive their right to a trial by jury in any dispute, claim, or controversy that may arise between them and the Company. All disputes shall be resolved through individual arbitration, and Users further waive their right to participate in any form of class action or collective proceedings. Arbitration decisions shall be final and binding, with no opportunity for appeal, except as provided under applicable law.