Vloggi User Agreement​

Contractual relationship

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.

These terms of use (“Terms”) also govern your access to or use of the video creation platform Vloggi (the “Platform”), the mobile telephone computer application program Vloggi (the “App”) or the Vloggi Uploader tool (the “Uploader”). The Terms cover those Users submitting video content, captions or commentary and those Users on the Platform creating compilation videos or other uses as defined further (“Services”). 

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. Definitions

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.
  • “Project Owner” 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
  • “Content” means certain textual or audio-visual materials created by the Contributor or Project Owner in the Platform
  • “Montage” means the finished video program compiled by the project Owner from Contributor Content in the Platform
  • “Project” means a crowdsourcing project that is promoted by a Project Owner and in respect of which a Contributor can submit one or more entries via the Uploader tool 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.
  • “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, studio.vloggi.com, upload.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 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. Term

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

3.2 This Agreement shall continue in force indefinitely

4.Contributor Services

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:

  • 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. Licensing

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: 

  • Production of video programs
  • Other, video-related products

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.Using Vloggi

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

  • Post inappropriate Content or data 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 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.User Confidential Information

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:

  • was requested by the Producer; or
  • could have been reasonably understood by the Contributor to be confidential; 

or

(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);

or

(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. Content rules

9.1 The Contributor warrants to Vloggi that:

  • Footage is an accurate and real depiction of the scene in question
  • Comments provides in response to a Project Brief will provide an accurate account of the scene in question 
  • Location data, as requested by the Project Owner, shall be accurate 

9.2 The Contributor acknowledges the following Content storage rules

  • 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

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. Status of Contributor

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. 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