Ezoic Video Creator Terms of Service

These Video Creator Terms of Service are in addition to Ezoic’s Terms of Use and govern your use of Ezoic’s video creator platform, including, but not limited to, the article to video creator, video creation and production tools and related services (“Video Creator Terms”).  By using Ezoic’s video creator and production tools and related services, or by clicking to accept or agree to the Video Creator Terms when this option is made available to you, you accept and agree to be bound and abide by these Video Creator Terms and Ezoic’s Terms of Use.   

  1. Video Creator Services

You agree to allow Ezoic to modify, edit, alter, combine with other content, and reproduce your website content, including but not limited to audio, images, text, video clips, and other works of authorship (“Content”) in new media formats such as video and audio, including derivative works thereof (“Reproductions”). You certify that you either own the Content on your website(s), including any text and media assets, or have the legal right to both publish the Content and to expressly authorize Ezoic to use your Content in its Reproductions.  Further, for all your Content that you submit to or passes through Ezoic, you represent and warrant that (i) you have the right to submit the Content and grant the licenses herein, including any appropriate releases (if necessary) from all persons or otherwise who appear in the Content; (ii) the Content does not, and will not, infringe upon any third party’s rights, including, but not limited to, an intellectual property rights or privacy rights; and (iii) the Content complies with Ezoic’s Video Creator Terms, Terms of Use and all applicable laws.  Content shall include existing materials and new materials that you post on your website(s) in the future.  If you are not authorized to publish or unable to allow Ezoic to use certain Content, including new Content, you agree to immediately notify Ezoic, in writing (digital acceptable) or via your online Ezoic dashboard.

  1. Licenses; Ownership

You grant Ezoic a revocable, limited, worldwide, royalty-free, sublicensable and transferable license to use, analyze, modify and make derivative works of your Content (Reproductions) in accordance with these Video Creator Terms.  By using Ezoic’s video creator and production services, you hereby authorize Ezoic to use the Reproductions in any lawful manner, including, but not limited to, providing users to your website(s) the ability to view Reproductions in both an online and offline fashion and posting Reproductions on third-party sites (which may help drive traffic to your website, such as posting a video to YouTube or Facebook).

If you use the regular version of the video creation services (i.e., non-paid version of the Article to Video Creator) to create a Reproduction, you agree that you will not use or replicate the Reproduction(s) for use, for monetization with any third-party, including using the Reproduction(s) for monetization on any third-party platforms, without first receiving written consent to do so from Ezoic, which consent may be withheld in Ezoic’s discretion.  For example, if you upload the Reproduction to a third-party platform such as YouTube, you must disable advertisements and/or monetization for the Reproduction.  Any monetization of the Reproduction(s) must use Ezoic advertisements.

If you use the “Pro” version of the video creation services to create a Reproduction(s) (i.e., paid version of the Article to Video Creator), you may use the Reproduction(s) in any lawful manner, including for monetization with a third-party.  For clarification, the Premium Program is not by itself a paid version of the video creation services referenced herein.

Subject to your compliance with the terms hereof, Ezoic grants you a limited, revocable, worldwide, royalty-free, non-exclusive, non-sublicensable and non-assignable right and license to use and display the Reproduction(s) for any permitted purpose. You may not create Reproductions for third parties.  As between you and Ezoic, you will continue to own all of your Content, except as otherwise set forth herein, and you authorize Ezoic to use your Content, in whole or in-part in Reproductions.  

  1. Payment

Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to you under the Video Creator Terms shall be sent by Ezoic within approximately sixty-five (65) days of receipt of payment by Ezoic.  You acknowledge and agree that you are only entitled to payment if Ezoic is paid.  Ezoic may withhold and offset any payments owed to you against any fees or amounts you owe Ezoic.  Subject to the terms herein, you shall receive a payment of no less than seventy percent (70%) (or other agreed upon amount) of the Net Revenue directly attributable to the Reproduction(s), less any adjustments for fraud, invalid traffic, traffic quality, website quality, click-fraud, Ezoic improvement metrics and/or advertiser or ad network charge-backs, in each case as determined by Ezoic.  “Net Revenue” means the total amount paid by advertisers or ad networks to Ezoic directly attributable the Reproduction(s), less any charges or fees related to the acquisition, targeting, delivery and serving of ads or pageviews, and less any expense incurred in the production, distribution or serving of the Reproduction and fees or expenses incurred in the collection of such revenue. Payment shall be calculated solely based on Ezoic’s accounting. No other measurements or statistics of any kind shall be accepted by Ezoic.      

  1. Indemnity

You will indemnify, defend, and hold harmless Ezoic and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, agents, co-branders and other partners from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) any Content submitted to or through the video creator services; (b) your use of the video creator services or your connection to such services; (c) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of the Video Creator Terms or Ezoic’s Terms of Use; (e) or your violation of any rights of another.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

EZOIC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EZOIC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EZOIC MAKES NO WARRANTY OF ANY KIND THAT EZOIC’S SERVICES, INCLUDING THE REPRODUCTIONS AND VIDEO CREATION AND PRODUCTION SERVICES, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

IN NO EVENT WILL EZOIC BE LIABLE UNDER OR IN CONNECTION WITH THESE VIDEO CREATOR TERMS OR YOUR USE OF EZOIC’S SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; OR (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, IN EACH CASE REGARDLESS OF WHETHER EZOIC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL EZOIC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE VIDEO CREATOR TERMS AND SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS RECEIVED BY EZOIC UNDER THIS AGREEMENT IN THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

Last updated: August 15, 2022