General Conditions - Terms of Use

This document constitutes the regulations of the Platform and establishes the rights and responsibilities of the User when using the services offered. By using our services or even just browsing the Website, the User agrees to comply with these Conditions in relation to the use of the Platform.

2. Scope of application

2.1. The site www.goreporter.net is a technological platform (hereinafter also "Platform" or "service"), designed and operated by the company netMtech srl, in the person of the legal representative pro tempore based in Genoa in Via Montevideo 7/1A, VAT 02773520990, email info@netmtech.net (hereinafter also "Manager" or "Owner"), through which it intends to facilitate private citizens to sell videos of journalistic interest, portraying events or news facts, to journalists and other professional operators working in the production of audiovisual content.

2.2. The graphic properties and functionalities of the site GoReporter are owned by netMtech srl; some images and icons used are owned by third parties who have allowed their use.

2.3. Using the Platform in one language implies entering information in the same language.

3. Registration

3.1. Registration to the site is free. An account must be created to proceed with the sale of videos. The account identifies, by username and password, the individual requesting access to the site. Each account's ability to sell is subject to the approval of the Manager, who may request additional documentation at any time in order to verify registered Users and prevent fraud. Each person has the ability to create only one account.

3.2. The User who registers with the Platform and creates an account guarantees the truthfulness and correctness of the data entered, assuming all responsibility for it. The User also undertakes to keep this data up to date at all times.
The data required to log in (username and password) must be kept with care, are strictly personal and must not be given to anyone, persons or bots. The password must not be used for other accounts on other platforms and social networks.

3.3. The User is responsible for any improper activity that may occur on the site, due to the lack of confidentiality of the password. The Manager assumes no responsibility towards Users for any damages that may result from unauthorized access - by third parties - to the Platform.

4. Connection to the Platform

4.1. Connection to the Platform takes place via access to the telematics network, through the connection to the website. This connection, except for maintenance operations (see point 4.3), is operational every day of the week, for 24 hours a day. In order to correctly view the pages of the site, a valid internet connection and the use of a modern desktop browser updated to the latest version such as Chrome (preferred), Firefox, Opera, Edge or Safari are required; off-line access is not permitted.

4.2. If the User does not have the minimum configuration, the Manager will not guarantee proper access to the Platform and its services and will not be liable for any direct or indirect, incidental or consequential damages, including loss of earnings, loss of business opportunities and anything else that may arise for the User as a result of not having the required minimum configuration.

4.3. The performance of maintenance operations and/or updates to the site, which will prevent the connection, may occur indicatively between 22:00 (Rome time) on Sunday and 02:00 (Rome time) on Monday.
In any case no type of damage, actual or potential, can be requested from netMtech srl for the failure to connect to the site for reasons of updating and/or maintenance, both for reasons of extraordinary interventions.

4.4. Within the Platform, the default format of dates is YYYY-MM-DD and the time zone in which times are shown is automatically determined based on the User's country of residence, however, both can be changed at any time from the "Account" page.

4.5. Users undertake to operate within the Platform according to high standards of fairness and good faith.

4.6. The Service allows the use of automatic translators to translate the descriptions of the videos uploaded, in this regard the Manager declines any responsibility for inaccurate and/or incomplete translations.

5. Modalities of sale - Guarantees and responsibilities of the User

5.1. Each User can use 1 TB of free space for uploading files. Any additional space can be requested to the Manager who, by evaluating the quality of the content and the quantity of sales that have already occurred, can decide whether or not to provide it.

5.2. The User can upload the video files he/she wishes to sell using the "Upload" function of the Platform. During the upload procedure, the User must select the files and complete the forms relating to descriptions. Videos must relate to events or news events of journalistic interest that actually happened and not specially constructed or simulated for the purpose of making the videos. The videos must not be altered or edited in any way to change one's perception of the situation portrayed.

5.3. The files that make up the shoot must be the same in format, codec, frame rate, etc. The files must come from a suitable camera or computer for skimming/checking functions, but the files must remain as similar as possible to how the camera generated them.

5.4. By uploading a video, the User authorizes the Manager and the Platform to publish and offer for sale the material uploaded.

5.5. The Platform has been designed to accept most possible audio, video and container formats, but compatibility with any format the User tries to upload is not guaranteed. It is therefore possible that the files uploaded by the User are not correctly recognized by the Platform. In this case, an informative email will be sent to the User. Files whose type is not recognized, as well as those uploaded only partially (for example due to disconnections or voluntary interruptions of the upload by the User) will be permanently deleted by the Manager within 96 hours.

5.6. The User guarantees the correctness of the descriptions entered when uploading the video content and will be solely responsible to the buyers for any mismatch between what he/she stated and the actual content of the videos sold.

5.7. The Manager will not be obliged to carry out any prior check on the truthfulness and correctness of the information entered. In no case the Manager will be, for any reason and towards anyone, responsible for the inaccuracy of the data entered or for false, incomplete or no longer true statements made by the User regarding the description of the videos.

5.8. The Manager will view the videos uploaded by the User and may decide whether to actually put them up for sale or reject them as, in its sole discretion, considered insufficiently interesting for journalists and other professionals. In either case, the outcome of the review will be notified to the User by e-mail.

5.9. Videos uploaded by the User may be sold by the Manager to interested journalists and professionals through direct channels, through the marketplace www.mediacastpro.net and through any other platform, including those operated by third parties, deemed suitable for this purpose.
At the end of each month, by the 15th day of the following month, the Manager will generate a report of sales made indicating to the User the amounts that have been paid to the Manager for the purchase of the uploaded videos. This report is made accessible to the User with the following steps:

Click on the "Account" tab
Click on "Sales Orders"
Select month and year of interest
Browse the list of sales orders

5.10. In the event that a sale involves a buyer and/or a seller who does not use the euro as a currency, the Platform takes charge of the appropriate conversions, ensuring that the buyer pays in his/her currency, the Platform Manager receives commissions in euro, and the seller receives compensation in his/her currency.

5.11. Each video put up for sale by the User remains for sale indefinitely until one of the following circumstances occurs:

the User requests its removal;
the Manager removes the video in the cases provided for by these Conditions.

Removal of a video is immediate on the www.mediacastpro.net platform but may be delayed by a few days or even impossible on any other third-party platforms on which the Manager has decided to offer the video for sale (as per Section 5.9 of these Terms). For support on how to remove videos from third-party platforms, the User may contact the Manager.
Even if a video is removed, the Platform still reserves the right, if permitted by law, to keep the files stored for up to an additional 45 (forty-five) days, in order to allow buyers to be able to download files that may have been purchased prior to the sale inhibition, to allow access to the files by the Authorities in the event of disputes or alleged violations of these Terms, to be able to detect possible fraud consisting in the re-uploading of disallowed files, or to exceptionally be able to recover files erroneously deleted at the request of the User.

5.12. The Manager may modify certain metadata of the videos uploaded by the User in order to improve their searchability by potential buyers.

6. Guarantees and responsibilities relative to the contents uploaded by the User (disclaimer)

6.1. For each video uploaded to the Platform, the User declares and guarantees:

that he/she owns all necessary ownership and copyrights;
that all clips of the uploaded video are usable for editorial purposes;
that the uploaded content does not violate the rights of third parties, including intellectual property rights or rights related to the image and privacy and data protection of the portrayed subjects;
that, for the persons portrayed and identifiable, the User has obtained signed release, in the cases provided for by law;
that the videos do not have pornographic, defamatory, illegal, discriminatory or immoral content, also in relation to minors;
that, if minors are filmed in the videos, in the absence of appropriate releases issued by parents or legal guardians, they will be made unrecognizable by means of appropriate blurring techniques;
that with the upload of the video he/she authorizes the company netMtech to publish, transmit and disseminate, communicate, modify (limited to transcoding, resizing and insertion of watermarks or other technological protection measures) and archive (suspension and deletion in the cases provided for), granting the company the rights of economic exploitation;
that the Manager shall not have the burden or obligation to request and obtain licenses/releases from third parties regarding the video content uploaded by the User.

6.2. The Manager of the platform, following the receipt of communications from third parties about possible unlawfulness of the video content or infringements of copyright, image rights, privacy rights and data protection regarding the ownership of the video and the portrayed subjects, reserves the right to suspend the sale, obscuring the video or removing the content. The User will be held responsible for any ascertained violation concerning the content of the uploaded video.

6.3. In the event that notices of illegality are provided by judicial or administrative authorities, the Platform Manager, in compliance with the notices received, will obscure the video or remove the files.

6.4. As a result of the above, no claim for damages can be made against netMtech srl for the obscuration and removal of the video material with consequent suspension and/or cancellation of the sale.

7. Payment of the consideration and sales commission

7.1. For each User whose videos have made at least one sale during an Italian calendar month, the Platform Manager will, by the 15th (fifteen) day of the following month, calculate the amount due to the User for all the sales that took place in the previous month and publish this amount on the "Balance / Bank Transfers" page.

7.2. The amount due to the User is calculated by summing all net amounts (i.e. exclusive of VAT and taxes) received by the Manager for his/her clips, each of which is preliminarily reduced by the sales commissions agreed with the User. In the absence of a specific agreement, sales commissions amount to 50%.

7.3. The Manager shall, by day 15 (fifteen) of the month following the sales, make a bank transfer in favor of the User for the balance of the amount calculated in the previous point. At the same time, the Manager shall also send to the User, via e-mail, a receipt certifying the payment made. To this end, the User authorizes the Manager to issue receipts in his/her name for the payments received. The User is obliged to independently declare to his/her tax authorities all income related to transfers made to him/her by the Manager.

7.4. If the User is resident in Italy, the amount due published on the "Balance / Bank Transfers" page is to be considered as the taxable amount, on which a withholding tax may be applied as per current regulations. The bank transfer issued by the Manager in favor of the User will take this into account and therefore its amount may be less than the amount published on the "Balance / Bank Transfers" page.
If the User is not a resident of Italy, any taxation implications are the responsibility of the User, and the amount of the bank transfer will be exactly equal to the amount posted on the "Balance / Bank Transfers" page.

7.5. The Platform is intended for use by private citizens. If the User is acting within the scope of a business or profession, they are not authorized to use the Platform but may consider using the www.mediacastpro.net website, which is designed specifically for businesses and professionals.

8. Removal of DRM - Digital Rights Management

8.1. It is expressly forbidden to circumvent or remove, or any attempt to circumvent or remove, the technological measures applied by the Manager on the videos (such as watermarks), following their upload, in order to make them protected, identifiable or traceable.

8.2. Any violation of this prohibition will be prosecuted according to law.

9. Communications to Users

9.1. The Platform will send an email to the User whenever an event occurs that may be of interest to the User, such as, but not limited to, a change of access password or the offering for sale of content.

9.2. It is up to the User to modify his/her preferences for receiving emails, activating or deactivating the events for which he/she wishes to receive emails. For some events it is not possible to deactivate the sending of e-mails, as they are particularly relevant for security purposes such as, for example, changing the password or e-mail associated with the account.

10. General security obligations

The Manager and the User undertake to:

to apply to their computer systems and, therefore, to all telematic communications, the procedures and security measures considered appropriate, at the state of technical, computer and telematic knowledge;
to avoid the risks of unauthorized access, tampering, delay in recording or processing, destruction and loss of information and/or data transmitted.

11. Use of the Site

11.1. The Users in using the Service offered undertake to:

not to violate any provision of applicable law;
not to use the Site, the Platform and the Service offered for an illicit purpose or illegal activity or for any commercial or other purpose that is not expressly permitted by these General Conditions;
not to use the messaging system or video request page for any purpose other than to request and/or exchange information regarding the sale and purchase of audiovisual content;
not to perform any act that may damage the image and/or reputation of netMtech srl;
not to copy, store or otherwise access or use any information contained in the Site, the Platform or the Contents for purposes not expressly provided for in these Terms and Conditions;
not to copy, record, publish or disseminate outside the Platform previews of content uploaded by Users, except with prior permission from the Manager;
not to copy, publish or disseminate outside the Platform information about members, their work and uploaded content, including the content of messages and video requests;
not to interfere with or damage the Site, the Platform or the Service offered through the use of, but not limited to, viruses, cancelbots, trojans, malicious code, flood pings, denial-of-service attacks, backdoors, IP spoofing, spoofed routing, email address information, or similar methods or technologies;
not to use the Site or the Platform with the intent to engage in "spamming" techniques;
not to use automatic data extraction or acquisition methods or devices (such as "data mining", "robots", etc.), except as explicitly permitted by the "robots.txt" file for the sole purpose of indexing the site in search engines;
not to carry out repeatedly and at very short distance operations that require a considerable amount of resources or that could generate unnecessary data traffic, without any real necessity, such as, purely by way of example, creation of accounts, login attempts or uploading of videos;
not to "reverse engineer" or decompile parts of the site.

11.2. The Users declare and guarantee that all the information provided to the Manager for the purpose of providing the service is accurate, up-to-date, complete and true and will therefore be solely responsible in the event that their statements prove to be false, incomplete or no longer true.

11.3. Users agree to defend, indemnify, and hold harmless netMtech srl from and against any and all claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to their conduct, use of the Site, total or partial violation of the Terms of Use of the Platform or any statement or undertaking contained herein, unauthorized use of the Content, or infringement of another person's rights.

12. Notification to netMtech srl of violations - Counter-notification

12.1. If the User should become aware of rights violated by any content, material or illegal activity on the website, or of any activity that violates these Terms, he/she can notify it to the e-mail address support@goreporter.net or by using the appropriate form at the following link https://www.goreporter.net/messages-and-support?support=1 indicating:

a description of the material that violates rights and the directions to find it on the website;
the reasons why the User believes that the material infringes rights and the evidence in support of what he/she claims;
a description of the activity that violates the Platform Terms;
a statement that the information contained in the communication is true and correct;
the contact details of the person making the report.

The Manager will take the report of an alleged violation and will take the actions it deems appropriate.

12.2. The Manager shall not be liable for claims of intellectual property infringement in connection with the content uploaded by the User. All claims and legal actions shall be brought against the User.

12.3. In any case the Manager, while waiting for further clarifications and/or information, reserves the right to suspend the sale of the contested video material.

12.4. In case the User believes that the sale of his/her content has been suspended or the uploaded videos have been removed without a justified reason, he/she can send a written counter-notification in the manner indicated above, containing:

the identification of the content that has been removed;
the reasons and evidence to support the ownership of the rights and the non-violation of any rules;
a statement that the information contained in the communication is true and correct;
the contact details of the person making the report.

13. Consequences of Breach of these Terms

13.1. Without prejudice to all rights, in the event of a breach of these Conditions, the Manager may, alternatively and at his discretion:

send one or more formal notices;
temporarily suspend access to the Platform;
permanently prohibit access to the Platform;
take legal action for breach of contractual obligations.

13.2. The User using the services offered by the Platform agrees to indemnify and hold harmless the Manager from all damages, compensation and expenses (including legal fees) arising from or in connection with any violation of the Conditions herein.

14. Exemption of liability for the Manager

Without prejudice to the Manager's disclaimers set forth in the various sections of these Terms, the Manager shall not be liable in any way to Users:

for any incomplete, false or incorrect statements made by Users;
for any commercial or economic loss, including (without limitation) lost profits from unsuccessful business, contracts, or commercial opportunities;
for any errors in the manner in which video content is described, including descriptions in video metadata;
for any loss, non-conclusion of the buying or selling contact, resulting from facts and events beyond the reasonable control of the Manager, i.e. resulting from unforeseeable circumstances or force majeure;
for any use of the videos contrary to law;
for any removal, blocking, dissemination, communication, prohibition of sale/purchase of videos made or ordered by the Judicial Authorities and the Police for the purposes of investigation and prosecution of crimes;
for any communication that the Company must make at the request/order of the Judicial Authority or Law Enforcement regarding information on accounts and economic transactions of members.

15. Removal of content by the Manager

The Manager reserves the right to remove content uploaded by Users, in addition to the cases already provided for, if one of the following conditions occurs:

The User is using more space than he/she has available.
The footage in question does not meet the quality standards of the Platform.
Redundancy of topics and/or genres and/or events.
Any other reason deemed appropriate by the Manager, subject to prior notice to the User.

16. Changes to the functionality of the Platform

netMtech reserves the right to modify, improve and delete the functionality of the Platform at any time, without this entitling the Users to any form of compensation or indemnity for the mere fact that there have been changes and deletions; as far as possible the company will ensure that Users are adequately informed about the changes made to the main functionality of the Platform.

17. Changes to the Terms and Conditions

The Manager reserves the right to update these Conditions at any time. The changes will be effective from the moment they are published, after a transitional period that will be communicated by email.
The use of the Services by the User following the changes constitutes acceptance of the updated Conditions.

18. Termination by the User

18.1. The User may delete the account at any time. Deletion of the account will not affect any sales previously made and will make it impossible for the Manager to send to the User any earnings that will be made from sales of his/her videos on third-party platforms on which these videos may still be available (as per Sections 5.9 and 5.11 of these Terms).

18.2. The User can proceed independently to delete his/her account from the "Account" page. For technical reasons, it is not possible to delete an account via the "Account" page if at least one of the following conditions is met:

the User has material for sale;
the User's balance, which has yet to be transferred by bank transfer to his/her bank account, is greater than zero;

18.3. The User can resolve these issues by logging into the Platform and/or waiting for the technical time (for example, waiting until the 15th of the following month for the balance to be cleared).

18.4. If the User, in the presence of any of the above obstacles, needs to immediately close his/her account, he/she may contact the Platform Administrator who will directly proceed to close the account as soon as possible, as per the User's request, taking all necessary actions (e.g. removing content for sale).

19. Applicable Law and Jurisdiction

These General Conditions are governed by and interpreted in accordance with Italian law.
The Parties agree to submit to the exclusive jurisdiction and competence of the Court of Genoa, in relation to any dispute or question that arises against netMtech srl arising from these Terms and Conditions.