Vloggi User Agreement

Contractual relationship

This Agreement was last modified on 7 March 2019 (the Effective Date).

This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

These terms of use ("Terms") also govern your access or use of the mobile telephone computer application program Vloggi Create (the "App") to deliver video content, captions and commentary as defined further ("Services") to Vloggi Pty Ltd and its parents, officers, directors and 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. Definitions

1.1 Except to the extent expressly provided otherwise, in this Agreement:

2. Credit and copyright

2.1 The Vlogger will be credited as the creator of the work produced by Vloggi on its behalf

2.2 The Vlogger agrees to share copyright over the Vloggi created through the Create app with Vloggi

3. Term

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 Publisher in accordance with this agreement.

4.2 The Vlogger shall provide the services with reasonable skill and care.

4. Eligibility

You will not use the Website if you:

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. Licensing

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:

6. Using Vloggi

While using the Website, you will not attempt to or otherwise do any of the following

  1. post content or items in inappropriate categories or areas on our Websites and services
  2. infringe any laws, third party rights or our policies
  3. distribute or post spam, unsolicited, or bulk electronic communications
  4. 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
  5. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website
  6. copy, modify or distribute rights or content from the Website or Vloggi’s copyrights and trademarks
  7. harvest or otherwise collect information about Users, including email addresses, without their consent

7. Expenses and Payment

7.1 Vloggi shall pay the royalties due to the Vlogger in accordance with sums set out in the Royalties page

7.2 The Publisher 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. Payments

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:

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