TERMS & CONDITIONS AGREEMENT
Last updated October 20, 2015.
1. How the VidMob Platform Works for You as an Editor
As described in greater detail in the Master Terms and Conditions, the VidMob Platform enables connections between Editors (“you” or “Editor(s)”) and digital content Creators and owners for the provision of editing services. Creators will be able to upload content to the Platform through the App and have you as an Editor place bids (each a “BID”) on the completion of a video editing project (each a “Project”).
When a Creator accepts your BID for a specific Project, you are entering into the Creator and Editor Business Terms and Conditions Agreement (the “CEB T&Cs”) with a specific Creator to perform the work necessary to complete the Project requested on an independent contractor basis. The CEB T&Cs can be found here.
2. Using the VidMob Platform
Prior to you being able to place any Bids on the Platform, you will be required to register an account (an “Account”). You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by emailing us at email@example.com.
If you are under 18, you are not authorized to use the Platform without consent of a parent or guardian and hereby represent and warrant to VidMob that you have obtained your parent or legal guardians consent prior to creating an Account.
B. Your Account Portfolio
You, as an Editor, certify that any video uploaded to your Account’s portfolio for any purpose represents your own work, or work on which you substantially contributed.
C. VidMob is a Platform Not A Service Provider
VidMob is providing you with the Platform for you as an Editor to find Creators who need your services and for you and them to enter into contracts directly.
Editors contract directly with Creators via the CEB T&Cs. VidMob will not be a party to any contracts for the Projects between Creators and Editors.
Each Editor is as independent contractor and not an employee of VidMob.
Editors do not have authority to enter into written or oral — whether implied or express — contracts on behalf of VidMob.
Each Editor acknowledges that VidMob does not, in any way, supervise, direct, or control an Editor’s work or services performed for any Project in any manner.
VidMob does not set an Editor’s work hours or location of work.
VidMob will not provide any equipment, labor, or materials needed for a particular Project or BID.
Vidmob is not responsible for the BIDs or your performance on the Projects, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of you or any Editors, nor of the integrity, responsibility, or any of the actions or omissions whatsoever of you or any Editors.
When interacting with Creators and other Editors, you should exercise caution and common sense to protect your safety and property, just as you would when interacting with other persons whom you don’t know.
D. Payments & Delivery
You will be paid the Project price (the “Project Price”), minus the platform fee VidMob asses for the Project (the “Platform Fee”), upon Creator’s acceptance of the completed Project. If you and the Creator cannot agree upon acceptance of the Project and/or otherwise disagree about the Project, you must submit your dispute in accordance with the Dispute Procedures established in the Creator & Editors Business Terms and Conditions Agreement (“CEB T&Cs”).
VidMob will assess a Platform Fee for all of the services and infrastructure that it is providing for the Editors and Creators. The Platform Fee that will be applied to each Project will be a percentage of the overall Project Price and will be displayed when the Editor sets up his or her Auto-Bids. The general parameters for the cost of the Platform Fee will be set in the FAQ. VidMob reserves the right to change the Platform Fee through modifications to the FAQ or the T&Cs or these Editor T&Cs.
E. Editor Complaints About Creators
Your satisfaction is of paramount importance to VidMob. If you feel that a Creator misrepresented the Project and/or if you have any complaints regarding the Platform, Content and/or a specific Creator, please let us know by providing us with a detailed description of your complaint. Please send all complaints via email to firstname.lastname@example.org.
F. Suspension and Termination of Account
VidMob reserves the right to suspend or revoke your Account and/or your access to the Platform for any reason.
VidMob reserves the right to stop offering and/or supporting the Platform or a particular part of the Platform at any time either permanently or temporarily. In such event, VidMob shall have no liability in connection with such discontinued elements of the Platform, and shall not be required to provide refunds, benefits or other compensation to its users.
G. Responsibility and Liability for Creator Content
“Creator Content” means any information, data, text, images, videos, sounds, or other material publicly posted, uploaded, stored, or transmitted on the Platform by a Creator.
“Project Content” means any data, text, images, videos, sounds, or other materials transmitted by the Platform for the completion of a Project.
Project Content and Creator Content may sometimes be collectively referred to as “Content.”
Company claims no ownership over Content.
All Content is the sole responsibility of the Creator from which the Content originated and was uploaded to the Platform. The foregoing notwithstanding, to the extent that you, as an Editor, add any Content to any Project, you represent and warrant that (i) the Content does not infringe upon the copyrights, trademarks, patents, or any other rights of any person or company; (ii) the Content shall comply with all applicable laws and regulations and is free from any viruses; (iii) to the extent that any Content contains any copyrighted materials that is not original to you or in which you do not otherwise own the copyright and/or other Intellectual Property Right, Editor has cleared all rights to use the Content and all elements therein including music, rights of publicity and rights of privacy; and (iv) to the extent that any Content contains any copyrighted materials that is not original to you or in which you do not otherwise own the copyright and/or other Intellectual Property Right and the Project is to be used for a Commercial Purpose, all such Content shall only come from the VidMob Cleared Library when it is rolled out. In addition to your indemnification obligation found in the Master Terms of Conditions, you will indemnify and hold VidMob, its parent company and affiliates, and each of their respective officers, directors, employees, and contractors, and the Creator(s) harmless from and against any and all liabilities, losses, claims, obligations, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) relating to any breach of these representations, warranties, or obligations under these EV T&Cs or any claims of actual or alleged infringement of intellectual property rights of third parties.
H. Banned Content
Should an Editor see any illegal Content (including but not limited to child pornography, videos featuring illegal drug use, or animal cruelty), the Editor must flag the Content and report it to VidMob immediately by email at email@example.com. Should an Editor find explicit content (including but not limited to nudity), the Editor may continue to work on the project or report it to VidMob.
To the extent you, as an Editor, are permitted physical or electronic access to the Company’s Platform, facilities or systems, you will comply with all Company security, facility, IT, and other applicable policies and procedures then in place. You recognizes and agree that as an Editor, you have no expectation of privacy with respect to Company’s systems (including, without limitation, stored computer files, email messages, and voice messages) and that your activity and any files or messages on or using any of those systems may be monitored at any time without notice.
J. Exclusivity and Non-Circumvention
You acknowledge and agree that a substantial portion of the compensation VidMob receives for making the Platform available to end users is collected in the form of the Platform Fee, which is only deducted when a Creator and Editor pay and receive payment through the Platform and the CEB T&Cs. Therefore, for 24 months from the time you meet any Creator through the Platform (the “Exclusivity Period”), you must use the Platform as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “VidMob Relationship”).
You agree not to circumvent the payment method offered by the Platform and detailed in the CEB T&Cs. By way of illustration and not in limitation of the foregoing, you must not:
(a) Submit proposals or solicit Creators identified through the Platform to contact, hire, manage, deliver services, receive payment, or pay outside the Platform.
(b) Cancel any Project for the purpose of contracting separately with a Creator who you meet through the Platform.
(c) Invoice or report on the Platform an invoice or payment amount lower than that actually agreed between you and the Creator.
You agree to notify VidMob immediately if another person improperly contacts you or suggests making or receiving payments outside of the Platform. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to us by sending an email message to: firstname.lastname@example.org. Vidmob reserves the right to terminate your access to the Platform if it determines, in its sole discretion, that you have violated these exclusivity and non-circumvention provisions.