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Seller Terms and Conditions

We've Made Them Clear and Simple

It's important to us that you know exactly what you're getting into, when you become a voeveo seller. That's why we've made it clear and easy to understand our terms and conditions. No hidden surprises here!

Seller Highlights:

It's your mobile content & you keep all your rights and we're non-exclusive
No agents get in the way & sell direct to your fans, family and friends using the voeveo application and services
You set your own prices and you manage your own mobile content business
No cost & just a fee for our services only when you sell.

Terms of Service
voeveo is an online application that enables people who create mobile content (music, wallpapers, games, software etc), or have the rights to sell that content, to manage their mobile business and sell directly to people who want exceptional content for their mobile phones. The voeveo application provides you with a global digital path to market. By bringing sellers together on our application we're creating the opportunity for you and your customers to establish a mobile content marketplace.

It's really simple

We get to non-exclusively digitally deliver your content direct to mobile phones around the world
We promote your content and your profile
How long this agreement lasts, what countries you sell in and what currency you want to set your prices in is up to you
You set the prices and we take a fee on every transaction
You get to check out your sales in real time and we send you monthly payments when you meet the sales threshold.

We want to stress that by accepting this agreement you are not transferring any ownership rights of any kind to any of your intellectual property, nor are you transferring any licensing rights to us and no provision of, or potential ambiguity in, this agreement will be construed by anyone to transfer any ownership rights in your intellectual property or license to us.

Member Rules

This agreement explains how you can become a member of voeveo and get content for your mobile phone. By registering as a member, you acknowledge that you have read, understood, and agree to be bound by these rules.

voeveo is where you get great stuff for your phone. People who create mobile content can sell direct to voeveo members. voeveo members can give feedback and meet like minded people.

So we get to be a community - but just like any community we have some rules. These explain how things work what it means to be a member on voeveo.com.

What we do: voeveo provides a site where people can sell their mobile content direct to their friends, family and fans. We provide the tools for people to manage their mobile content business and we provide the technology or application to manage the billing and deliver that content direct to your phone.

What we don't do: voeveo does not own the content and does not guarantee content quality. We are not liable for network performance, network failure or modifications which may affect your mobile phone&s functionality.

How do I buy content?
Join as a member, register your phone and you are set to go. You choose your currency and your payment methods, but check out your data plan first. We match your phone to the content so you can be sure it will work on your phone. You must be able to pay for your content on line this could be PayPal, Google Checkout, Pay by Cash or credit card. In some countries we'll offer carrier payment options. If you want to maintain a voeveo account you can select voeveo PrePay. You can top up your voeveo PrePay with our payment methods. PrepPay balances will be displayed in your My voeveo. Any funds remaining in any unused account for more than 24 months will be forfeit and the account closed.

Passwords
You must keep your password confidential and not disclose it to anyone. You are liable for use and misuse of your password and for all activities that occur under your password. You must immediately notify us if your password is used by another.

Data
Your personal information will be collected and saved by voeveo. All data and information collected by voeveo is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy.

Refunds
If we have successfully delivered content to your phone we operate a no refund policy. But in cases where we are obliged to refund through third party service agreements we will refund.

Enjoy being part of voeveo and:

Be courteous
We're a community and we're a business. Everyone has the right to connect, communicate and transact freely without fear of personal attack or insulting behavior so, be polite and respectful in your dealings with others. Bullies are not tolerated. We also recognise that everyone is different so if it's not illegal or infringing copyright but you still don't want to see it, you can block that content or seller from your view.

Be creative
This is your opportunity to show the world what you can do - be the most creative you can with your content and the way you personalise your phone. Keep your My voeveo up to date and let people know what you think of their content. If you want something different why not request some content?

And just so we all don't get into trouble:

Don't be a cheat
Don't upload anything that you don't own. You must respect the copyright of others. This means don't steal material that other people have created and own and pass it off as your own. See our Copyright FAQs.

Don't spoil it for others
We want voeveo to be the best & so think about your content before you upload it and think about the way you comment on other's content. Think quality not just quantity and don't load up poor content that may have viruses or other bugs. Our Community Guides have zero tolerance for rude, disrespectful, and elitist behavior anywhere on our site.

Don't be a liar
If we're going to do business together and get to know each other we need to trust that you are who you say you are. All information submitted by you through voeveo, including registration information, payment information, and transaction- related information must be true and accurate.

Don't do anything illegal
Do not upload any content that is illegal. Don't use other people's credit cards or accounts to buy from the site. Get to know the rules of business in your country and be a responsible citizen (that includes paying your taxes).

Don't be naughty
Keep the adult stuff private. This is not an adult site so keep the porn and other adult content at home. That means we don't want you to upload any naked bodies, genitalia and/or explicit violent or sexual acts on our site.

We reserve the right to change all or part of this agreement. Notice of any changes will be by email. You must check for any notices of modifications to this agreement.

Seller Terms and Conditions

Please read this agreement carefully. By checking the "I agree" checkbox, this will become a contract that is legally binding between you and us. If you find anything in here that you cannot agree to, or if by agreeing you would be signing up to something that is not true, then you should not click on the "I agree" button. The "Effective Date" of this agreement is the date on which you check the "I agree" tickbox.

We have the right to modify this contract from time to time and you will have the right to reject any modifications we want to make by terminating this agreement.

References to "us" anywhere in this agreement means voeveo.com of Wellington, New Zealand. voeveo.com is owned by TradeMobile Limited, PO Box 24224, Wellington, New Zealand: company number 1609773.

Reference to "content" means any item suitable for downloading and being stored on a mobile phone including and not exclusive to, images, music or audio tracks, film or video, games and software applications.

Part of the signup process involves filling out and signing an application to become a voeveo seller. Following approval of your application for a voeveo seller account, you will be able to access "My voeveo" to create your seller profile, upload your content, and to set the prices or other sales terms that govern the sale and distribution of your content.

You will see certain terms in this agreement, definitions are provided at the end.

We Get To Non-Exclusively Digitally Deliver and Promote Your Content And Use Your Names
In order for us to be able to deliver your content to your buyers and to represent to people that you have authorized us to deliver your content, you have to authorize and empower us to do those things in this agreement. By checking the "I agree" checkbox, you authorize us to store, promote, transact and deliver your content in accordance with the terms you designate in your content upload procedure.

In addition, you grant to us the right to:

Create audio or video clips of 30 seconds or less to promote your content
Watermark your images
Wrap your content with DRM if requested
Apply parameters to your content such as regional and distribution requirements as specified by you when uploading content
Match your content requirements to our mobile phone database
Deliver your content to mobile phones as per country and network requirements and/or restrictions
Use your name, profile and content for promotional purposes
Send you communications via email.

What You get
9. Our application offers tools for you to manage content online, which includes the abilities to:

Upload and store digital content for sale (with automated checks for viruses and malware)
This includes thumbnails, screenshots and sample clip creation
Select DRM (OMA based) protection
Categorize and tag your content for searching and display on the site
Price your content in a geo-specific way or use voeveo&s real-time currency conversion
Specify the countries in which you have the rights and desire to sell this content
Modify content information, pricing details or remove for sale at anytime
Request reports of your sales for any responsibilities you have in regards to taxes and collection agencies.

10. We provide:

Access to our integrated application solution with a mobile messaging gateway (NowSMS)
Automated integration into 3rd party billing systems (eg PayPal, Google Checkout, Carrier Billing, Payforit etc)
Automated &device capabilities matching& for your content, ensuring your buyers only see and purchase content that is specified as compatible for their mobile phones
Access to our marketplace communication channels including community forums, private messaging, extended services onto mobile phones; as well as the ability for your buyers to review/rate content and submit comments on content.

Driving Traffic and Building a Marketplace
11. You agree to include links, promotional banners and data hooks to your content on voeveo from your own website and/or commercial or social internet networks to drive traffic to your content on voeveo.

12. You recognise that to maximise revenue voeveo seeks to develop strong seller and buyer communities. You agree to actively participate in community activity and positively promote voeveo and your content on the site.

You Own Your Content. We Own Our Data.
13. Again, we want to stress that by accepting this agreement you are not transferring any ownership rights of any kind to any of your intellectual property or licences and no provision of, or potential ambiguity in, this agreement will be construed by anyone to transfer any ownership rights in your intellectual property or licence to us.

14. We are the sole owner of all data we observe or collect during or after the term as part of providing the services, including, transaction data, file-share requests, file transfers, search requests, other shared materials, customer geographic and demographic information.

You Set The Prices, We Take A Fee, And We Send You Payments Each Month
15. Pricing: You set the price (there is a minimum price of GBP 49pence). You decide which countries you wish to sell your content in and you set the prices for those countries.

16. Payment: You will receive 70% of the listed sale price, for each content item sold. We retain fees of 30% of the listed sale price, for each content item sold. We have no control over additional service fees that may be set by other financial and billing agents. We reserve the right to change our fee structure.

17. We will pay you monthly on or before the 10th day of the following calendar month provided that your seller fees total at least GBP20. If your fees do not reach this minimum threshold, the balance will continue to roll over and accrue until the threshold is reached in order to trigger a payment. Payment will then be made by the 10th day of the calendar month following the calendar month in which the minimum threshold is reached. Alternatively, if after six months the threshold has not been reached, payment will be made.

18. Third party billing terms and conditions: voeveo will enter into arrangements with third party billing providers. These providers have varying payment practices and may split payments over two or more months. voeveo will credit your sellers fee account only when we receive payment.

19. Adjustments: All payment of seller fees to you will be net of any adjustments for fraudulent (credit card or other) transactions resulting in non-payment to us or payment reversals and will be made to your account by direct debit or by cheque.

20. Refunds: Where content has been successfully delivered to a mobile phone voeveo operates a no refund policy. In cases where we are obliged to refund through third party service agreements or by law refunds will be debited from your account as an adjustment.

21. Charges: We are not responsible for any bank charges or service fees that may be levied by financial institutions or billing agents.

22. Taxes and duties: You are solely responsible for all tax collection, payments and other reporting or regulatory compliance requirements under the applicable law governing your operations. All prices must be tax inclusive.

23. Third Party payments: You are solely responsible for any third party payments.

24. Royalties: If any of the following applies to any recording (music or audio track) content you upload then the recording is likely to form part of a repertoire managed by a collection agency (eg MCPRS, PRS, APRA etc) and mechanical and/or performance royalties are payable by you to the owner of the copyright in the recording: The writer or co-writer is a member of an agent for royalties The writer or co-writer was signed to music publishing agreement when the song was written The music is a cover recording The music contains a sample of a song to which the above applies.

25. If this applies you must sign the voeveo Music Partners Agreement which authorizes voeveo to collect 40% of the sale price. voeveo will retain 8% in a contingency liability fund should there be a claim by a collection agency for either mechanical or performance royalties of your content.

26. We may have to ask you for additional information regarding repertoire works from time to time to enable us to report correctly and fully to any collection agency on your behalf. If you cannot provide additional information in respect of any recording then we may be obliged to remove (and have the right to remove) the recording from voeveo until such time as the necessary information is supplied to us.

27. Accounting: We will maintain accurate records of all content transactions and make these available online. They will include details of each delivery including content title, amount and type of currency of content sales and payments due to you.

Some Promises We Both Need To Make
28. We retain ownership of all intellectual property rights in relation to the voeveo site and its application and service and the Trade Mark and the Patents.

29. Each party represents and warrants that it has full authority to enter into and fully perform its obligations under this agreement and has obtained all necessary third-party consents, licenses and permissions necessary to do so; and neither party will act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this agreement; and that each party represents and warrants that it will perform their obligations in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.

30. Infringement of third party rights:& If either party receives any notice of infringement, or legal suit or other action alleging infringement of third party rights in the hosting, reproduction, display and/or delivery of the content to buyers each party will provide full details to each other. If you or another seller claims copyright has been violated the following steps will apply: The claimant fills in the copyright violation form online and outlines the violation The copyright violation form is emailed to copyright@voeveo.com

31. We will respond acknowledging the claim and agreeing to provide any information that will assist claim resolution. If the claimant chooses to proceed with action against the seller this will be independent of us and we will not be liable for any funds in dispute or associated costs of taking action.

32. We will remove all content if properly notified that there is an infringement on another's intellectual property rights. We reserve the right to suspend or terminate a seller if you breach these terms and conditions or when we consider it appropriate.

33. Content take down: We may, at our absolute discretion and without notice, remove any content that we believe: is a nuisance to any person infringes the Intellectual Property Rights of any person is defamatory, obscene, pornographic, violent, perpetuates hatred against any person or group or would be regarded as offensive by a reasonable person is illegal in any jurisdiction or exposes us, or you, to any risk of legal action.

34. Confidentiality: Passwords must be kept confidential and not disclosed to any other person. You are solely responsible and liable for any use and misuse of your password and for all activities that occur under your password. You must immediately notify us of any unauthorised use of your password, or if you suspect that your password has become known to another person. We are not under any obligation to verify the actual identity or authority of the user of any password.

35. Mutual warranties: We both agree that we have the right and authority to enter into and fully perform our obligations under this agreement.

36. Your warranties: your content does not infringe the rights, including intellectual property rights or proprietary rights (including privacy and publicity rights) of any person you own or are fully licensed to upload and supply the content to buyers the content complies with all applicable laws governing jurisdictions in which it is available for supply and all content is free of defects, viruses or other code that could interfere with, or cause damage to our application, site, site members or our systems, or result in unauthorized people having access to the site.

37. No warranties: Both parties acknowledge that we provide an application and our services &as is& and without any express or implied warranties, representations or undertakings of any kind. We do not give any warranty, representation or undertaking: as to the efficacy of the application or services that any, or any minimum quantity of your content will be delivered or that your content will be able to be delivered to any particular device or network at any particular time or at all.

38. Indemnity: You will at all times indemnify and keep indemnified us and our related companies and officers, servants and agents from and against any and all liability, losses, damages, costs and expenses of any nature whatsoever awarded against, incurred or suffered by them, whether direct or consequential (including, but without limitation, any economic loss or other loss of profits, business opportunity, data or goodwill), arising out of or resulting from: your non-performance or breach of any of your obligations under this agreement or any claim that the hosting, reproduction, display and delivery of the content to buyers or the use of any content infringes the rights, including intellectual property rights, of any person.

39. Exclusions: In no event will we be liable (whether in contract, tort, negligence or in any other way) to you for: loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time or loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature, arising, directly or indirectly, out of this agreement even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.

40. Exception: None of the exclusions or limitations set out in this agreement will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.

How Long This agreement Lasts Is Up To You
41. This agreement begins on the Effective Date and continues as long as your content remains on the site.

42. Termination without cause: Either party may terminate this agreement by giving the other party at least 30 days& notice in writing.

43. Termination for cause: Without prejudice to any other right or remedy both parties may have, we may terminate this agreement by giving written notice to you (such notice to take effect immediately or as stated in the notice) if: You are in material breach of this agreement and, in the case of a material breach capable of remedy within 20 business days, the material breach is not remedied a trustee, manager, administrator, administrative receiver, receiver, inspector under any legislation or similar officer is appointed in respect of the whole or any part of your assets or business an order is made or a resolution is passed for your liquidation (other than voluntarily for the purpose of a solvent amalgamation or reconstruction).

All The Other Things A Contract Need To Have
44. Modification: we reserve the right to change all or part of this agreement. Notice of any such changes will be provided via email. It is your responsibility to check for any notices of modifications to this agreement. If you do not consent to any such proposed changes your sole recourse will be to terminate this agreement by written notice to us, and your failure to do so within ten (10) days of the date of any such change notice in the will constitute your acceptance of such changes.

45. Notices: All notices shall be given to us via email at admin@voeveo.com or by post to voeveo.com, PO Box 24224, Wellington, New Zealand. Notice will be deemed to be received when an email is received on a business day.

What our Words Mean
The following terms will have the following meanings for purposes of this agreement:

Buyer: any member who buys a piece of content
Billing options: buyer specific options for payment at checkout eg Google, Paypal, Carrier billing
Check out price: the price to the buyer including all delivery and handling fees
Collection agency: a body responsible for collecting music royalties
Content: any digital media uploaded onto voeveo for sale. Can include: music tracks, ringtones, graphics, videos, films, animations, games, applications, software
Content upload: the fields and steps required to upload content for sale. These steps differ depending on the type of content
Content PrePay: feature of voeveo where sellers can credit a piece of content for promotional purposes to cover delivery and handling fees so the content appears as free to the buyer Country and Network requirements and/or restrictions: the physical or business limitations applied by a network operator and or country that prevent voeveo from using certain tools or functionality
Delivery costs: costs added to the sale price at check out (check out price) for delivery of the content to the buyer. These are met by the buyer and can vary depending on billing options and network location of the buyer
Device capabilities matching: (patent pending) ensures buyers only see and buy content that is compatible for their mobile phones
Digital distribution: the delivery of content to a person using digital methods (eg CD, pc download, network to pc, network to mobile)
Geo specific &x&: country specific features eg site names, pricing, carrier billing options
Handling costs: the percentage added to the delivery cost at checkout. These are met by the buyer
Landing page: a page developed to specifically drive traffic from search engines. Pages are targeted at specific content
Licence holder: a seller who has a licence to distribute content on behalf of others to a buyer via voeveo
Marketing activity: activity to promote voeveo and attract members. Includes tools for use on other sites, public relations, media relations, online advertising etc.
Member: registered account holder on voeveo (buyer or seller) mobile phones: a wireless device attached to a telecommunications network
My voeveo: the access page for a member to manage their content and all other tools as a seller or manage your profile, friends and purchases as a buyer
PrePay: members can credit their voeveo account and have funds available for buying
Promotion: any media, advertising, or online activity that creates voeveo, seller, or content awareness
Recording: a digital file containing an audio file Regional and distribution requirements: the geographical or business limitations applied by the seller when uploading content
Repertoire works: a collection of music
Royalties: the fees/amounts payable to a collection agency by the licence holder
Sale price: the price listed by a seller on voeveo for a piece of content (includes all tax etc payable by the seller)
Samples: digital snippets of any content for sale on voeveo
Seller: any voeveo account member who uploads content for sale. Independent: web savvy hobbyist & musician, artist, developer. Mobile entertainment business: Small mobile business. Large mobile business Digital entertainers: want to tap into mobile business channel
Seller account: an account that recognises the seller is authorised by voeveo to sell content
Seller revenue: the revenue to the seller from the sale of a piece of their content less the agreed fee (s) to voeveo which is deducted from the sale price
Seller profile: online text and graphical business listing
Storage: secure holding of content
Telcos: mobile operators providing access to a telecommunications network for mobile phones and other digital devices
voeveo service: the application and tools available to sellers to manage their mobile content business
voeveo fees: fees payable to voeveo for every item of content sold by a seller
Watermark: a transparent gif applied to every image uploaded
Wrap content: the application of technology to an item of content before it is delivered to a buyer