Terms and agreement to use and offer free and paid services intermediated by Videolevels
By signing up as a user of Videolevels website at and by offering paid-for or free services or starting to use paid-for or free services offered via Videolevels, you confirm that you have read the terms and conditions of this user agreement (hereinafter referred to as “Terms”), agree with the Terms and undertake to comply with the Terms as follows:
1. Scope, Definitions and Interpretation of the Terms
1.1 These Terms apply to all legal relations arising between the users of the Videolevels website (hereinafter referred to as “Website”), Videolevels OÜ as the owner of the Website (hereinafter referred to as the “Service Provider”) as well as to all legal relations between users and merchants (persons selling goods/services to users on the Website) resulting from the use and supply of services on the Website.
1.2 For the purpose of these Terms, services include, in particular but without limitation, giving users the possibility to buy services in the sales environment of the Website, as well as other services provided on the Website (hereinafter referred to as “Services”). The Service Provider organises the sale of new products and services on the Internet, acting as a sales and advertising channel.
1.3 In addition to the Terms, relations between users and the Service Provider are also governed by the legislation in force in the Republic of Estonia, the special conditions established by merchants with regard to particular Services or offers, and good practice.
2. General Terms and Conditions of Services
2.1 All notices and other exchange of information between users and the Service Provider shall be in electronic format and notices must be sent to e-mail addresses specified by the parties.
2.2 The Website is open every day. The official time during which the Services are provided is calculated in accordance with the server clock of the Service Provider, which need not always correspond to the time observed in the web browser of a user. The Service Provider does not guarantee that the Services work in all web browsers.
3. Rights and Obligations of the Service Provider
3.1 The Service Provider is entitled at any time to monitor activities on the Website, including monitoring the purchase offers made by the users of the Website. The Service Provider may carry out investigations in the event of any suspicion that the Terms have been violated, using all legal means.
3.2 For the sake of better use of the Website, the Service Provider is entitled at any time to rearrange data on the Website as regards the purchase/sale offers entered by the users of the Website, without changing the contents of such offers.
3.3 The Service Provider is entitled to send personal commercial communications and other offers to users. Users are entitled to decline such communications, giving notice to the Service Provider.
3.4 The Service Provider will not be held liable for any errors caused by third parties that affect the technology or cause a situation where a card payment or money transfer may fail. Any problems with a card payment or money transfer must immediately be reported by the users to the user service of the Service Provider at [email protected].
3.5 When a user, whether registered or unregistered, buys a product or Service, the Service Provider will issue a digital ticket to the user. In the case of a registered user, the digital ticket will be displayed in the menu “My tickets”. The digital ticket will be activated at the start of the Service offered and will be valid until it expires. In the case of an unregistered user, the ticket will be valid until the end of the Internet session, i.e. until the browser window is closed. Therefore, we recommend signing up as a user before buying a ticket.
3.6 Card data are transferred through the server of the Nets Estonia AS; a secure connection is always used between clients and the Nets Estonia AS. To ensure the security of data transmission, 128-bit encryption (SSL-Secure Socket Layer security protocol) is used between clients and the E-Commerce Payment Gateway Internet traffic, with data moving between traders and the Payment Gateway being electronically signed, which precludes any interception or modification of the data by unauthorised persons.
3.7 The Service Provider will not be held liable for the performance of any agreement(s) regarding which the Service Provider has acted as an intermediary or to which the Service Provider has referred a party.
3.8 The Service Provider will not be held liable for the quality of any products or Services sold or presented by merchants.
3.9 If the Service Provider suspects any misconduct in the use of a Service (e.g. fraud cases), the Service Provider may discontinue the sales transaction or remove the user from the system, if necessary.
3.10 The Service Provider has the right to discontinue a Service at any time, without giving advance notice of the same. After an unexpected outage, maintenance stoppage or interruption of a Service for any other reason the Service will be reopened again and the possibility to present the Service will continue.
3.11 The Service Provider must pay income to a merchant electronically, once a month and by the 10th date at the merchant’s written request.
3.12 The Service Provider is entitled at its option either to restrict or terminate the right of a user to use the Website, incl. changing the information published by a user on the Website or close the user account of a user and not allow the user to be re-registered as a user, if the latter:
3.12.1 violates the Terms or any obligations of the user arising from the Terms;
3.12.2 has presented information that is false, misleading and/or inaccurate when signing up as a user or when using the Website;
3.12.3 knowingly and intentionally disseminates false information on the Website, offends other persons in any way or behaves unworthily.
4. Rights and Obligations of Merchants
4.1 For the purpose of these Terms, a merchant is a person who sells Services to users on the Website and is responsible for the availability, accessibility and quality of the product/Service.
4.2 Users enter into sales agreements with merchant, who are responsible for the accuracy of information, the compliance with the sales agreement and the availability, accessibility and quality of the product/Service.
4.3 If not agreed differently then merchants earn their income according to the following formula: income = (quantity of Services sold x (ticket price determined by the merchant – VAT 20%)) – costs of the Service Provider. The costs of the Service Provider are deemed to include at least 25% of the cost of the Service sold (digital ticket) or any other minimum price notified to the merchant at the time of setting the price.
4.4 A merchant who is a private individual is required to declare the income to the Tax and Customs Board if so prescribed by law.
5. Rights and Obligations of Users
5.1 When signing up as a user of the Website, a user must submit absolutely correct personal information, including registering under the correct and full name and using a valid e mail address, and:
5.1.1 not use the Website for any illegal transaction(s) and/or fraud;
5.1.2 keep the password and username intended for using the Website so that they are not learned by third persons;
5.1.3 immediately inform the Service Provider by e-mail of any data and circumstances that have changed compared to those given when signing up as a user of the Website;
5.1.4 immediately inform the Service Provider by e-mail if the password or username intended for using the website is lost or learned by a third party.
5.2 By making any act on the Website, a user confirms that he or she:
5.2.1 is a person with active and passive legal capacity who has the right to make transactions available on the Website;
5.2.2 duly complies with all the obligations specified in the Terms;
5.2.3 is aware that users enter into sales agreements with merchants;
5.2.4 is aware that buying/accepting a ticket entails a binding obligation/agreement and that failure to comply with the obligation entails the liability of the user to compensate for any damage caused by non-compliance in full;
5.2.5 acknowledges that when the Terms are accepted, the user and the Service Provider do not intend to create any legal relations other than those explicitly stated in the Terms and special conditions;
5.2.6 is aware and accepts that the Service Provider is entitled to process the user’s personal data according to the legislation and conditions in force in the Republic of Estonia;
5.2.7 can fully and easily understand all the provisions contained in the Terms and fully understands that using the Website may entail legally binding obligations for the user.
5.3 When entering into a sales agreement it is assumed that the user is a person with full active legal capacity or a person with restricted active legal capacity who performs the act in question with the consent of his or her legal representative. The Service Provider will not be held liable for any financial loss that may result from purchases made by persons with restricted active legal capacity.
5.4 If a Merchant has configured its services accordingly, it may be possible for a user to subscribe to Merchant’s services offered via Videolevels. Subscription to Merchant’s services usually incurs regular and periodical automatic payments for Merchant’s services. To unsubscribe and cancel periodic payments a user needs to take an action according to the payment method selected for a subscription. To cancel a subscription if the selected payment method was a credit card, a user needs to send a letter to [email protected] asking to cancel the subscription. To cancel a subscription if the selected payment method was Paypal, a user needs to log in to its Paypal account on https://paypal.com and cancel recurring payments from the Paypal user interface.
5.5 Presentations of products and/or Services are made by merchants, and the Service Provider will not be held liable for their correctness. The right of withdrawal is exercisable in situations where a merchant has failed to provide a Service at the time and on the conditions stated. Users are required to report such situations to the user service of the Service Provider at [email protected]. Should it be ascertained that a Service has not been provided at the time and on the conditions stated, 100% of the amount paid by the user for the Service will be transferred to the bank account of the user.
6. Processing of Personal Data
6.1 The Service Provider is entitled to process, for the purposes and to the extent specified in the Terms, the data, which the Service Provider has received from a user who is a natural person if the latter signed up as a user of the Website, as well as the data that have been requested or otherwise collected with regard to such a user in the course of the latter using the Website (hereinafter referred to as “Personal Data”).
6.2 A user consents to the processing of the Personal Data by the Service Provider for the purposes and to the extent specified in the Terms. A user has the right to withdraw the consent at any time and require that the processing of the Personal Data be terminated and that the Personal Data collected be deleted or blocked. This will result in the user account being closed. Withdrawal of the consent has no retroactive effect.
6.3 The Service Provider will collect and store the Personal Data in electronic format and make extracts of the Personal Data in other formats, if necessary.
6.4 The Service Provider will use the Personal Data for the provision, development and personalisation of Services.
6.5 The Service Provider will not disclose or provide the Personal Data to any third parties, except in the cases stipulated in the Terms.
6.6 The Service Provider has the right to use the Personal Data and provide them to third parties for the purpose of cooperation aiming to ensure the quality and availability of the Services as well as to expand, improve and otherwise develop the Services.
6.7 The Service Provider has the right to forward users’ data to merchants.
6.8 You have the right to request that we delete some or all of the Personal Data that we have about you by emailing at [email protected]. Please, note that deleting all data will typically require the deletion of your account, along with all content, including your videos.
7. Amendment of the Terms
7.1 The Service Provider is entitled at any time to unilaterally amend and supplement the Terms in line with the development of the Website and the Services and with a view to better and more secure use of the Website and the Services.
7.2 The Service Provider undertakes to notify users of amendments made to the Terms, publishing corresponding notices on the Website.
7.3 Amendments of the Terms will take effect after their publication on the Website.
7.4 Users confirm their acceptance of amended Terms by using the Services after the relevant amendments have entered into force.
8. Final Provisions
8.1 Legal relations arising from the use of the Website are governed by Estonian law.
8.2 A user and the Service Provider will seek to resolve any disputes, which relate to the use of the Website, by way of negotiations. Failing agreement, the disputes will be settled in the Harju County Court.
8.3 The Terms will take effect following acceptance by a user and will continue to be valid for the duration of the legal relations between the user and the Service Provider, which are governed by the Terms. Users are entitled to withdraw from the Terms within 14 days of their acceptance as well to cancel, at any time, the legal regulations governed by the Terms, provided that the users fulfil their outstanding obligations to the Service Provider.
