Vloggi User Agreement
This Agreement was last modified on 1 September 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.
The Platform is a tool connecting Users wishing to work together to create video stories. No liability for mis-use of the Platform rests with Vloggi Pty Ltd, its parents, officers, directors or affiliates.
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:
"User", "you" or "your" means an individual who visits or uses the Platform, including via the API.
“Registered User” means a User with an active account on the Platform.
"Account" means the account associated with your email address.
"Producer" means a User that licenses video content submitted by Contributors. A User may be both a Contributor and a Producer under this agreement.
"Contributor" means the person providing footage and captions to Vloggi
"Project" means a contest that is promoted by a Producer and in respect of which a Contributor can submit one or more entries via the Uploader or App.
"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
"Contributor Services" means all services provided by a Contributor.
"Vloggi", "we", "our", "company" or "the company" or "us" means Vloggi Pty Ltd (ACN 630 061 246).
"Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
"Platform" means the video creation 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 Contributor has the option to be identified as the original creator of the video files uploaded to the Platform
2.2 The Contributor will be credited as a co-creator of the work produced by the Producer
2.3 The Contributor agrees to provide a username or display name that matches their copyright claim
2.4 The Contributor agrees to share copyright over the video content created through the App and Uploader with the Producer and Vloggi
2.5 For Producers are able to post specific contest rules, requirements or clarify user-generated content rights, via additional Terms & Conditions as part of the Project brief. These supersede Vloggi’s terms and are solely the responsibility of the Producer.
3.1 This Agreement shall come into force upon the Effective Date.
3.2 This Agreement shall continue in force indefinitely
4.1 The Contributor shall provide the services to the Producer in accordance with this agreement.
4.2 The Contributor shall provide the services with reasonable skill and care.
4.3 The Contributor shall not be able to use the Platform if they:
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
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 Contributor 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
5.2 The Producer Licenses the finished video programs (or episodes) from Vloggi for their own use under the License terms for re-use.
5.2 Vloggi is not responsible for the distribution of any finished video programs.
6.1 While using the Platform, you will not attempt to or otherwise do any of the following
Post content or items in inappropriate categories or areas on our Platforms 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 Platform, 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 Platform
Copy, modify or distribute rights or content from the Platform or Vloggi’s copyrights and trademarks
Harvest or otherwise collect information about Users, including email addresses, without their consent
7. Contest and prizes
7.1 If the Contributor makes the video content available to a Producer in response to a contest, the relationship is between the Contributor and Producer.
7.2 The Producer is responsible for delivery of non-cash incentives, such as prizes or complementary product
7.3 The Producer is responsible for ensuring the contest is legal within its jurisdiction.
8.User Confidential Information
8.1 “Contribitor Confidential Information" means:
(a) any information disclosed by or on behalf of the Contributor to the Producer during the use of the Platform
was requested by the Producer; or
should have been reasonably understood by the Contributor to be confidential; and
(b) the producer Data;
“Producer Data" means all data, works and materials: uploaded to or stored on the Platform by the Producer; transmitted by the Platform at the instigation of the Producer; supplied by the Producer to Vloggi for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Services by the Producer (but excluding analytics data relating to the use of the Platform and server log files);
“Contributor Personal Data" means any Data that is processed by the Contributor on behalf of the Producer in relation to this Agreement, but excluding data with respect to which the Platform is a data controller;
8.2 ”Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Producer Personal Data;
8.3 The Platform reserves the right to communicate to Contributors in order to facilitate the smooth performance of a Producer’s Project
9. Content rules
9.1 The Contributor 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 Contributor
10.1 By accepting these Terms, the Contributor does not become an employee of Vloggi
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