Vlogger terms & conditions

Contractual relationship

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

Please read these terms carefully as they constitute a legal agreement between you and Ciné Souk. 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:

"Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;

"Client" means the organisation posting the video blog assignmnet to the Vloggi marketplace site;

"Client Materials" means all works and materials supplied by you to Ciné Souk for incorporation into the Deliverables or for some other use in connection with the Service;

"Deliverables" means video files OR comments provided as captions;

"Effective Date" means 21 December 2016;

"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;

"Service" means the provision of video and associated written commentary;

"Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2; and

"Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party, or which the parties agree in writing shall be incorporated into the Deliverables].

"Vlogger" means the person providing footage and captions to Ciné Souk;

"Vloggi" means both the finished video file integrating caption and vision recorded by the vlogger and also the Vloggi collaborative video platform.

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 app with Ciné Souk

3. Term

3.1 This Agreement shall come into force upon the Effective Date.

3.2 This Agreement shall continue in force indefinitely

4. Services

4.1 The vlogger shall provide the services to the client in accordance with this agreement.

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

5. Deliverables

5.1 The filmmaker shall deliver the deliverables to the client electronically.

5.2 Ciné Souk must promptly, following receipt of a written request from the vlogger to do so, provide written feedback to the vlogger concerning the vlog assignment.

5.3 The vlogger shall [ensure] OR [use its best endeavours to ensure] OR [use reasonable endeavours to ensure] that the Deliverables are delivered to the Client in accordance with the timetable set out in Part 3 of Schedule 1 (Services particulars).

6. Licence

6.1 The filmmaker hereby grants to Ciné Souk 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

7. Expenses

7. Payment

7.1 Ciné Souk shall pay the financial or incentives to the vlogger in accordance with sums set out in the assignment details

7.2 The end client is reponsible for delivery of non-cash incentives, such as prizes or complementary product 7.2 Ciné Souk shall pay the vlogger royalties on licence fees it collects on behalf of the vlogger from clients

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 Ciné Souk will credit the vlogger’s PayPal account upon request for payent relative to credits accrued.

8.2 Ciné Souk must pay licence fees due to the vlogger within the period of 30 days following a request to cash in (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 Ciné Souk 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.

Ciné Souk 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 Ciné Souk, but an independent contractor.

10.2 Ciné Souk 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