This Agreement was last modified on 22 April 2021 (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:
2.1 The Contributor will be identified as the original creator of the Content uploaded to the Platform
2.2 The Contributor will be credited as a co-creator of the Montage produced by the Project Owner in the Platform
2.3 The Contributor agrees to provide a name that matches their copyright claim
2.4 The Contributor agrees to share copyright over the Content uploaded to the Platform with the Project Owner and Vloggi
2.5 Project Owners 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 Project Owner.
2.6 Contributors assign all Intellectual Property Rights for the Content by consenting to the Content Assignment Agreement
2.7 Vloggi will maintain a log of all Contributor names and adherence timestamps to the Content Assignment Agreement and provide at any time to Project Owners
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 Content to the Project Owner in accordance with the Project Brief, the Project Owner’s supplemental terms and concurrent 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:
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 Content (excluding Third Party Materials) for the following purposes:
5.2 The Project Owner Licenses the finished video programs (or episodes) from Vloggi for their own use or re-use by downloading Montages or Clips from the Platform
5.3 Vloggi is not responsible for the distribution of any finished video programs
5.4 Vloggi is not responsible for the content of any Montage, excerpt or data obtained from the Platform once it has been downloaded by a User
5.5 Users must ensure they comply with content guidelines and restrictions in the jurisdictions in which they publish Montages created using the Platform
6.1 While using the Platform, you will not attempt to or otherwise do any of the following
7.1 If the Contributor makes the video content available to a Project Owner in response to a contest, the relationship is between the Contributor and Project Owner.
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
8.1 “User Confidential Information” means:
(a) Contributor confidential information, which means any information disclosed by or on behalf of the Contributor to the Project Owner during the use of the Platform that:
(b) Project Owner data, which means all data, works and materials: uploaded to or stored on the Platform by the Project Owner; transmitted by the Platform at the instigation of the Project Owner; supplied by the Project Owner 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 Project Owner (but excluding analytics data relating to the use of the Platform and server log files);
(c) Contributor personal data, which means any data that is processed by the Contributor on behalf of the Project Owner 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 Project Owner data;
8.3 The Platform reserves the right to communicate to Contributors in order to facilitate the smooth performance of a Project Owner’s Project
9.1 The Contributor warrants to Vloggi that:
9.2 The Contributor acknowledges the following Content storage rules
9.3 The Project Owner is responsible for moderation of Content contributed to its Projects
9.4 Vloggi shall remove any Content in breach of of these Content rules with 48 hours of being notified by a Project Owner
9.5 Vloggi reserves the right to edit or delete any comments submitted to the Platform without notice.
This policy is subject to change at anytime.
10.1 By accepting these Terms, the Contributor does not become an employee of Vloggi, the Project Owner or any associated entity
10.2 Vloggi is not responsible or liable for any injury or misadventure inflicted as a result of using the Platform
10.3 The Contributor may receive non-monetary recompense for providing Content to the Project Owner under the terms described in the Project Brief
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