Terms Of Service

Introduction

Vimsy is an online service for creating a video-based website known as a "Channel".

A Vimsy Channel can be accessed through a web browser at a vimsy.co web address or via a custom domain set by the owner of the channel.

The Vimsy service is owned and operated by Southpoint Films Ltd. Southpoint Films Ltd is a registered company in England & Wales.

Company No.: 8705276

VAT No.: GB173162911

Registered Address: Ground Floor, 61-65 High Street High Street, Totton, Southampton, SO40 9HL, United Kingdom

Vimsy® is a registered trademark of Vimsy Limited.

This policy was last materially updated on the 31st January 2019, with the exception of our company information which was updated on the 9th August 2019.

For any queries about this document please email support@vimsy.co

About our Terms of Service

The use of Southpoint Films Ltd from here on, unless stated otherwise, encompasses Southpoint Films Ltd (the company) and authorised third parties including but not limited to external software development partners, as well as third party softwares and services used by Southpoint Films Ltd.

"You” refers to the user of the Vimsy service to whom these terms apply.

“We” refers to Southpoint Films Ltd.

A "Channel Owner" is a user (or group of users) responsible for the content hosted on and/or distributed through the Vimsy service via their Vimsy Channel. The Channel Owner is responsible for the content that appears on their Vimsy Channel, the manner in which the content is accessed, and whether the content is put up for sale and for how much the content is sold for.

The headings in this agreement are purely for aesthetic purposes. All terms apply with the broadest possible scope.

Should any part or parts of this document be deemed unlawful or are unable to be held in court the remainder of these terms remain in effect.

Southpoint Films Ltd reserves the right to change the terms of this agreement at any point henceforth and with no warning or notification.

Southpoint Films Ltd reserves the right to enforce additional rules based on circumstance that are not necessarily covered in these terms at present.

Southpoint Films Ltd has a commitment to fairness. Any changes that we deem substantial will be promoted and given a grace period before being enforced.

By using the Vimsy service you agree to all of the terms as they appear now and as they appear for as long as you remain a Vimsy user. If you no longer agree with these terms please email support@vimsy.co immediately to have your account and all associated content removed from the Vimsy service.

The Vimsy Service

The Vimsy service is software written, provided and maintained by Southpoint Films Ltd for managing and distributing video content.

Any losses or damages to Southpoint Films Ltd that occur as a result of improper use or customisations of the Vimsy service shall be the full responsibility of that user, who agrees to and must be prepared to compensate appropriately.

Southpoint Films Ltd makes great effort to ensure that the Vimsy service remains available at all times with all features that are advertised, but cannot guarantee that the Vimsy service is free of fault, glitches and bugs with every combination of software and hardware through which the Vimsy service may operate or partially operate.

As the Vimsy service relies on third party infrastructure, Southpoint Films Ltd cannot guarantee that the service will be free of downtime or any other issues that prevent the service from being available, but all efforts will be taken to ensure that no loss of service occurs.

Southpoint Films Ltd makes no guarantee for any third party softwares, services or products, including those endorsed by Southpoint Films Ltd.

Southpoint Films Ltd cannot under any circumstances be held responsible for any loss or damages caused by use of the Vimsy service. The Vimsy service shall be used entirely at your own any risk.

Content Policy

This section covers content uploaded to the Vimsy service by users. Typically this would be content added by Channel Owners to Vimsy Channels, but also includes other content added by users.

Southpoint Films Ltd makes no claim towards the legality, authenticity, accuracy or legitimacy of any content added by users.

Responsibility

The user takes full responsibility for the content that they add to the Vimsy service, and shall indemnify Southpoint Films Ltd for any losses, damages or any other consequences of adding the content.

Disallowed Content

The following types of content are not allowed on the Vimsy service:

Southpoint Films Ltd reserves the right to remove any content that it deems to be offensive or inappropriate at its own discretion and without explanation.

Moderation

Southpoint Films Ltd reserves the right to monitor, modify and remove any content from the Vimsy service without notification or justification, with no reimbursement or compensation.

Southpoint Films Ltd will not indemnify any losses as a result of removal of content.

Reporting Disallowed Content

If you have discovered content on a Vimsy Channel that you believe violates our Terms of Service and you do not have the means to remove it yourself, please email support@vimsy.co and include a URL to the offending content.

If the content is infringing on your copyrights you must also include a notification of claimed infringement. This must include:

With thanks to Basecamp for providing this copyright reporting procedure as part of their Creative Commons policy documentation.

Sales Policy

For the Vimsy service

Southpoint Films Ltd offers several paid-for services as part of the Vimsy service which are detailed on the Vimsy website, vimsy.co

Details of paid-for services and the availability of the services may change from time to time. Reasonable notice will be given if any changes are likely to affect existing customers.

Channel Owners will be sent a receipt each time they are billed. Please contact us for a VAT invoice: support@vimsy.co

For Vimsy Channels

The Vimsy service allows Vimsy Channels to create one-off payments and recurring subscription payments for content. These payments are handled by third party payments processor Stripe. Using this feature requires a Stripe account and is subject to Stripe’s terms and conditions.

Channel Owners set the sales price, currency, and recurrence of payments within the Vimsy service, as well as other details.

Southpoint Films Ltd takes a variable percentage transaction fee from all payments made through the Vimsy service. The details of this can be found on the Vimsy website: vimsy.co

In addition, Stripe takes a transaction fee from all payments made through the Vimsy service (in addition to Southpoint Films Ltd’s fee). Stripe’s transaction fee details can be found on their website: stripe.com

Southpoint Films Ltd’s transaction fees may change subject to reasonable notice being given.

For recurring subscription payments, a transaction fee will be taken each time a subscriber is billed.

It is important to note that in the event of the Southpoint Films Ltd transaction fee changing (including upgrading your Vimsy Channel to a service plan with a lower transaction fee) a recurring subscription will continue to be billed with the original transaction fee until it is cancelled.

To give an example:

The transaction fee will always be based on what the applicable fee was when the subscription was created. To change this behaviour, the customer would need to cancel their subscription and resubscribe.

This mechanism is to protect everybody from unexpected pricing changes. If you need help understanding this please email support@vimsy.co

The Vimsy service provides a receipt to purchasers each time they are billed. This does not include tax information or details of transaction fees.

Southpoint Films Ltd takes no responsibility for any tax obligations placed on the Channel Owner (the seller) or the purchaser under any jurisdiction in which the sale may occur.

All responsibilities of the sale (before, during and after) belong to the Channel Owner.

Refund Policy

Refunds for the Vimsy service

If you are ever unhappy with an aspect of the Vimsy service that you have paid for, please contact support@vimsy.co

Southpoint Films Ltd approaches each request on a case-by-case basis with the intention of being fair and leaving customers happy.

It is worth noting that all subscriptions to the Vimsy service can be cancelled at any time and will be stopped from the next billing date, which you can usually find in your Vimsy Channel settings. If you have paid for your Vimsy service plan outside of the Vimsy product, please email support@vimsy.co for information.

Refunds from Vimsy Channels

How a Vimsy Channel handles its customers is entirely up to the Channel Owner. Southpoint Films Ltd does not issue refunds on behalf of any Vimsy Channel.

It is not the policy of Southpoint Films Ltd to contact the members of Vimsy Channels (the end users).

In the event that a purchaser contacts Southpoint Films Ltd to discuss content that they’ve purchased from a Vimsy Channel we will do everything we can to direct them back to the Channel Owner for further assistance. This may involve Southpoint Films Ltd contacting the Channel Owner or giving the purchaser the contact details held on file for the Channel Owner.

If necessary we will mediate to secure a resolution and if a dispute cannot be resolved we reserve the right to take appropriate action, including but not limited to deactivating the Vimsy Channel or escalating the issue to any relevant authorities. This is handled on a case by case basis and we aim to be fair in our response to all matters.

If you have purchased content from a Vimsy Channel and need help, please email support@vimsy.co

Privacy

Please see our separate privacy policy for information about how information is collected, stored and processed: https://vimsy.co/privacy