Vloggi User Agreement
This Agreement was last modified on 20 February 2020 (the Effective Date).
This User Agreement describes the terms and conditions which you accept by using our our Services. We have incorporated by reference some linked information.
Please read these terms carefully as they constitute a legal agreement between you and Vloggi. In these terms the words "including" and "include" mean "including but not limited to".
1.1 Except to the extent expressly provided otherwise, in this Agreement:
- "Account" means the account associated with your email address.
- "Producer" means a User that licenses video content created by Vloggers. A User may be both a Vlogger and a Producer under this agreement.
- "Project" means a contest that is promoted by a Producer and in respect of which a Vlogger can submit one or more entries via the Website.
- "Project Brief" means the document setting out the scope of a Project, including but not limited to items such as a video story crowdsourcing.
- "Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
- "Deliverables" means video files OR comments provided as captions
- "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or not registrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
- "Schedule" means any schedule attached to the main body of this Agreement
- "Vlogger" means the person providing footage and captions to Vloggi
- "Vlogger Services" means all services provided by a Vlogger.
- "User", "you" or "your" means an individual who visits or uses the Website, including via the API.
- "Vloggi", "we", "our", "company" or "the company" or "us" means Vloggi Pty Ltd (ACN 630 061 246).
"Vloggi" means both the finished video program integrating caption and vision recorded by the vlogger and also the Vloggi collaborative video platform.
- "Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
- "Website" means the Websites operated by Vloggi and available at: vloggi.com and any of its regional or other domains or properties, and any related Vloggi service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism
2. Credit and copyright
2.1 The Vlogger will be credited as the creator of the work produced by the Producer on its behalf
2.2 The Vlogger agrees to share copyright over the video content created through the App and Uploader with Vloggi
3.1 This Agreement shall come into force upon the Effective Date.
3.2 This Agreement shall continue in force indefinitely
4. Vlogger Services
4.1 The Vlogger shall provide the services to the Producer in accordance with this agreement.
4.2 The Vlogger shall provide the services with reasonable skill and care.
You will not use the service if you:
- are not able to form legally binding contracts
- are under the age of 13
- a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction
- are suspended from using the service
- do not hold a valid email address
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
5.1 The Vlogger hereby grants to Vloggi an exclusive, worldwide licence to copy, store, distribute, publish, adapt, edit and otherwise use the Deliverables (excluding Third Party Materials) for the following purposes:
- Production of video blog series
- Production of video programs
- Other, video-related products
6. Using Vloggi
While using the Website, you will not attempt to or otherwise do any of the following
- post content or items in inappropriate categories or areas on our Websites and services
- infringe any laws, third party rights or our policies
- distribute or post spam, unsolicited, or bulk electronic communications
- distribute viruses or any other technologies that may harm the Website, or the interests or property of Vloggi users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website
- copy, modify or distribute rights or content from the Website or Vloggi’s copyrights and trademarks
- harvest or otherwise collect information about Users, including email addresses, without their consent
7. Expenses and Payment
7.1 If the Vlogger makes the video content available for sale to the wider public on the Vloggi Library, Vloggi shall pay the royalties due to the Vlogger in accordance with sums set out in the Royalties page
7.2 The Producer is responsible for delivery of non-cash incentives, such as prizes or complementary product
7.3 All amounts stated in or in relation to this Agreement are, unless the context requires otherwise, stated inclusive of any applicable Australian goods and service tax for assignments within the Commonwealth of Australia.
8.1 Vloggi will credit the Vlogger’s designated payment account upon request for payment relative to credits accrued.
8.2 Vloggi must pay licence fees due to the Vlogger within the period of 30 days following a request to redeem credits earned.
8.3 The Vlogger can request an alternate payment method such as direct deposit into an Australian bank account.
9. Content rules
9.1 The Vlogger warrants to Vloggi that:
- Footage is an accurate and real depiction of the location in question
- Comments provided as captions that contain profanity will be deleted.
- Comments provided as captions that contain language or concepts that could be deemed offensive will be deleted.
- Comments provided as captions that attack a person individually will be deleted.
Vloggi reserves the right to edit or delete any comments submitted to Vloggi without notice.
This policy is subject to change at anytime.
10. Status of Vlogger
10.1 The Vlogger is not an employee of Vloggi, but an independent contractor.
10.2 Vloggi is not responsible or liable for any injury or misadventure inflicted as a result of using this Service.
11. Limitations and exclusions of liability
11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law