Terms and Conditions
Updated 09/05/2024
Welcome to Vidsy, an online creative community connecting content creators and brands to create content. Vidsy is operated by Vidsy Media Limited (“Vidsy”).
Vidsy works with its brand partners (each, a “Brand”) to establish creative briefs to be published on Vidsy’s platform and offered to Vidsy’s creative community of which creators produce Content (each, a “Brief”).
These Terms and Conditions, together with the Privacy Policy, each Brief and any other acceptable terms of use made available by Vidsy from time to time (together, the “Terms”) govern your use of the Vidsy platform located at vidsy.co (the “Site”), your entry into any Brief and any Content you upload or submit to Vidsy.
For the purposes of these Terms, “Content” includes audio and audio-visual content, print advertisements, radio advertisements, banner advertisements, articles, artwork, information, text, graphics, photos, videos, music, sound recordings, and any other content, materials or information provided by you to Vidsy or a Brand or uploaded by you to the Site.
It is very important that you read these Terms carefully. This is a legal document and you should obtain independent legal advice before entering into these Terms. By accepting these Terms or using the Site, you agree to be bound by them. IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS, THEN YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS, USE THE SITE, ENTER ANY BRIEFS OR SUBMIT ANY CONTENT TO VIDSY.
These Terms Summarised:
You must be over 18 years of age to use the Site, enter any Briefs or submit any Content to Vidsy.
To be paid for your Content, your Content must be eligible in accordance with these Terms and the Brief.
Your Content must be owned by you and you must not submit any Content to Vidsy that infringes the rights of any third party.
Your Content must not be abusive, offensive, discriminatory, violent, sexually explicit or harmful to our Brands. Please see section 5 of these Terms for more details.
Vidsy will own all the rights in the Content you submit to it and it may assign those rights onto Brands or other third parties. You may not use or allow anyone else to use your Content made in accordance with a Brief.
You may get paid for use of your Content by Vidsy or a Brand. Please see section 8 of these Terms for further details.
If your Content or use of the Site causes Vidsy or a Brand any damage, you will be responsible to Vidsy or such Brand for that damage.
1. General
By accepting these Terms, using the Site, creating a Vidsy account, entering a Brief or submitting any Content to Vidsy, you agree to these Terms and confirm to Vidsy that you are 18 years of age or over.
We may update these Terms from time to time to reflect any changes in our policies, relevant laws and regulatory requirements, in the functionality of the Site or which are imposed on us by any brand partners. If you are a registered user, we will notify you by email within a reasonable time before the change takes effect. You will be asked to click to accept the new Terms next time you use the Site. If you do not agree with the updated Terms you should not click to accept them and you should stop using the Site.
2. Your Vidsy Account
To use the Site, enter any Brief or submit any Content to Vidsy, you will need to register with Vidsy using your name and valid email address (“Creator”).
You are responsible for your Vidsy account and any activity that takes place on your Vidsy account. You must ensure that your password is, and remains, secure and confidential. Vidsy reserves the right to suspend or remove your Vidsy account or prohibit your use of the Site, without prior notice and without responsibility or liability to you, if Vidsy believes there may have been a breach of these Terms.
By registering an account with Vidsy, you consent to being placed on Vidsy’s e-mail and communications mailing list for promotional and other purposes. However, you may opt-out of receiving commercial or promotional e-mail from Vidsy by emailing community@vidsy.co
3. Eligibility to enter Briefs
Briefs are only open to registered Creators of Vidsy who are 18 years or over. Vidsy may require proof of age and residency to verify your age and location. As a Creator you may apply to a Brief/s via the Vidsy Platform. Vidsy will select the Creators for a Brief at its sole discretion, which may also require additional eligibility requirements such as social media screening, background checks and potential Brand conflicts, or other requirements in accordance with the Brief. Once you accept an invitation to a Brief, you will be eligible to submit Content as an Entry to that brief.
If the Content you submit as an entry to a Brief (an “Entry”) is selected by Vidsy or the applicable Brand partnering with Vidsy on such Brief (the “Featured Brand”), you will be eligible to a payment, usage fee or other form of payment (a “Fee”) in accordance with the Brief. To be eligible to earn a Fee, your Entry must be completed and received by Vidsy in accordance with these Terms, the Brief and any other terms or details related to the specific Brief notified to you by Vidsy.
Directors, officers and employees of: (i) Vidsy; (ii) the Featured Brand; and (iii) any of Vidsy or the Featured Brand’s respective parent companies, affiliates, subsidiaries, agents, professional advisors or agencies, are not eligible to earn any Fee, but may submit an Entry to Vidsy.
No purchase or payment is necessary to submit an Entry or earn a Fee for a Brief.
4. How to submit an Entry
Vidsy shall publish new Briefs on the Site. The Brief will set out, amongst other details, the deadline by which any Entry must be submitted and the creative scope for the Brief. To submit an Entry, you should visit the relevant Brief page on the Site, apply to the Brief and be selected by Vidsy. If selected for a Brief you may submit your Content, along with any required copyright licences, before the Entry Deadline.
All information requested in the Brief and the online registration form must be provided in full and in English in order for your Entry to be valid.
To operate the Site or submit any Entry to Vidsy you are required to have a working internet connection. Vidsy is not responsible for any charges you may incur in using the Site or creating your Entry. Vidsy, the Brands and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (i) any late, lost, misrouted, distorted or damaged Entries; (ii) any lack of functionality or failure to submit an Entry that is due to your equipment (including your device, internet connection, operating system or settings and software); (iii) any printing or typographical errors in any Entry; or (iv) any disruptions or failure to submit an Entry due to reasons beyond Vidsy’s control.
5. Your Content
Vidsy may offer you the opportunity to take part in various categories of content creation: (i) Remix Video Ads (“RVA”), and (ii) Creator Generated Content (“CGC”).
RVA content involves the creator using existing footage (usually supplied by a Brand) (“Existing Assets”) to create new “remixed” videos. Unless otherwise specified, RVA content will not require any original footage to be shot, or third party materials to be used beyond what is supplied by the Brand or Vidsy.
CGC projects will involve original content produced and shot by you, and may include third party talent, locations and other contributors at your discretion, provided that the use of any such contributors or locations is in accordance with these Terms. CGC projects may also involve the incorporation of Existing Assets.
Any Content you submit to Vidsy or a Brand as part of an Entry must be your own original work. Unless you are using Existing Assets, your Content must not previously have been published, released, distributed or otherwise exploited in any form. To be eligible, your Content must adhere to the Brief.
Any content (including audio, music, images, audiovisual content and graphics) used within your Content must be original to your Content or must have been cleared for use in your Content and to enable you to make the grant of rights set out in these Terms, prior to submitting your Entry. If you have obtained clearances from the underlying rights holder of any content contained within your Content you must provide such clearances to Vidsy when submitting your Entry.
If any person appears in your Content, is otherwise identified in your Content or in any way contributes to your Content, you must obtain all applicable releases, consents and assignment of rights required in order to enable you to make the grant of rights set out in these Terms, prior to submitting your Entry.
If any person appearing in, identified in or contributing to your Content is under the age of 18, you must obtain such releases, consents and assignment of rights from that person’s parent or legal guardian. You must also ensure that you comply with any applicable local laws and regulations governing the use of services by under-18s in the country where such services are taking place. For example, in order to include under-18s in any filming in the UK, a special licence may need to be obtained from the child’s local council, approving the use of the child in footage which will be used for commercial purposes.
You shall at all times ensure that your Content does not:
a) contain any content, information or material that infringes the rights of any third party including copyright, trademark rights, confidential information or rights of privacy;
b) violate any applicable laws;
c) contain any content or material that is offensive, abusive, defamatory, libellous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass or alarm any person;
d) in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behaviour, or encourage activities which could endanger the safety or wellbeing of others;
e) except as set out in the Brief, including any advertising or promotional messages;
f) except as set out in the Brief, include or refer to any names, products or services of any company or contain any third party trademarks or logos;
g) cause harm to or degrade the goodwill associated with the trademarks, trade names, name, products or services of the Featured Brand;
h) without prejudice to (e) above, advertise or promote any competitor of the Featured Brand;
i) impersonate any third party or otherwise misrepresent your affiliation with any third party;
j) identify any person without their consent, or the consent of their parent or legal guardian if they are under 18 years of age;
k) disclose anyone’s personal contact details or invade their privacy; and
l) contain any viruses or other malicious or harmful programs.
Vidsy reserves the right in its sole discretion to disqualify any Entry containing Content that does not, or Vidsy believes does not comply with these Terms and the applicable Brief. The decision of Vidsy as to the eligibility of any Entry shall be final and binding.
6. Assignment of your Content
By submitting an Entry (and to the extent applicable in the case of RVA Entries), you assign to Vidsy (by way of present assignment of present and future rights) with full title guarantee the entire copyright and all other rights, title and interest in and to the Content submitted in your Entry and any consents and waivers required by the Creator under the Copyright, Designs and Patents Act 1988 to hold throughout the world for the full period of copyright. Vidsy shall have the exclusive use of your Content for all means of exploitation in all media and may assign these rights in your Content to the Featured Brand or to any other third party.
If you have taken part in an RVA Brief, you acknowledge and agree that any contribution you make to an Entry which could be deemed to create new intellectual property rights of any kind is also assigned to Vidsy in its entirety in accordance with the preceding paragraph.
By submitting an Entry (and to the extent applicable in the case of RVA Entries), you waive for the benefit of Vidsy and its successors in title, assignees, licensees and sub-licensees all moral and like rights which may now or in the future vest in you in respect of the Content submitted in your Entry. You agree that you have obtained all relevant consents and assignment of rights from all persons who have contributed to the Content submitted in your Entry in order to enable you to make the grant of rights set out in these Terms.You agree that you shall, if required to do so by Vidsy, execute all further agreements needed to ensure that all rights granted under these Terms fully vest in Vidsy and that Vidsy holds all consents required for its full use of your Content.
You further grant to Vidsy the right to use and authorise others to use your name, photograph, biography (as provided by you), voice and likeness in connection with the Brief and any subsequent use of your Entry by Vidsy or the Featured Brand.
7. Confidential Information
You are required to keep confidential, secure and not disclose, share or publish any and all Brand confidential information, Content or Assets provided to you by Vidsy (the “Confidential Information”). For the avoidance of doubt, this means any Information, Content or Assets provided to you by Vidsy on a brief and any entry created from the Confidential Information, submitted or not submitted on a brief. On every brief you agree to; (a) hold the Confidential Information in strict confidence, using no less than a reasonable degree of care to protect such Confidential Information; (b) use the Confidential Information solely as necessary to perform the services required by the engagement (the “Permitted Use”); (c) store all Confidential Information in secure environments when not in use; (d) refrain from removing or modifying any burn-in warnings or watermarks included on physical assets containing any Confidential Information; (e) employ adequate security procedures designed to prevent any theft or unauthorized access, copying, exhibition, transmission or removal of Confidential Information; (f) maintain at all times a complete and accurate inventory of all Confidential Information in your possession and a list of all individuals under your supervision or control provided with access to such Confidential Information (on a need to know basis in connection with permitted use); and (g) return to and destroy all tangible and intangible content and assets containing the Confidential Information promptly following the completion of a brief.
In addition to confidential information, you agree not to disclose, share or display any content or entry created for a brief unless provided with written permission by Vidsy and the Brand. For the avoidance of doubt, this includes your portfolio, any online portfolio, website, social media and any other form of display and otherwise not for any other commercial or professional purpose.
8. Payment
If you are selected to participate in a Brief, and your Entry is completed and received by Vidsy in accordance with these Terms, then you will be paid the Fee as set out in the Brief. Vidsy will pay any Fee due to you within 90 (ninety) days or earlier from the completion of the Brief and acceptance of Entry by the Featured Brand.
Any Fee paid for an Entry pursuant to a Brief are: (i) non-negotiable and may not be exchanged for any alternative, cash equivalent or replacement; (ii) non-transferrable and (iii) non-refundable. Notwithstanding the foregoing, Vidsy reserve the right, in its sole discretion, to substitute a Fee for a payment of equal or greater value or a cash equivalent.
Vidsy reserves the right in its sole discretion to extend the deadline by which any Entry may be submitted, amend the Brief and withdraw Briefs and the corresponding Fees for that Brief (if Vidsy seems there to be an unsatisfactory number of entries to the Brief or the minimum number of entries to the Brief has not been met).
9. Warranties and Indemnity
You warrant and represent to Vidsy that:
a) your Content is original to you and you have obtained all rights and consents necessary to grant the assignment of rights to Vidsy pursuant to these Terms;
b) your Content, as at the date of Entry, is not the subject of any actual or threatened litigation or claim;
c) your Content has not been previously published, distributed or otherwise exploited;
d) your Content will not infringe the rights of any third party, including any intellectual property rights, rights in confidential information or rights in privacy;
e) you have obtained all necessary assignments, permissions, consents and waivers from any person appearing in or contributing to your Content;
f) your Content will comply with these Terms and all applicable laws;
g) your content will not contain any contaminated file, viruses, worms or other similar harmful or destructive code or program;
h) you will be responsible for all tax and national insurance contributions in respect of all payments made to you under these Terms;
i) you have obtained or will obtain any and all necessary travel documents, insurance, visas, clearances and any other documentation that may be required in order to adequately cover the activities undertaken or locations visited by you in connection with your Entry or participation in a Brief.
j) as part of the Vidsy creator community you abide by social and online platform terms and conditions and do not post content or material across online platforms that is offensive, abusive, defamatory, libellous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass or alarm any person
k) you will not create, publish, or distribute public content in connection to a Brief that contains any false statements, misleading information, or material that could harm the reputation or goodwill of the Brand or its affiliates, subsidiaries, officers, directors, employees, or products, whether directly or indirectly, in any public online channels, including but not limited to social media platforms, websites, forums, blogs, or any other digital medium.
You shall indemnify Vidsy, its affiliates, successors, licensees, assigns, employees, officers, directors and the Featured Brand (the “Indemnified Parties”) and keep the Indemnified Parties indemnified from and against all claims, demands, actions, proceedings, costs, damages, losses and expenses arising out of any breach or alleged breach of any of these Terms by you.
If any Brief contains details of a particular Brand’s terms and conditions for Content submission, by taking part in such Brief (and submitting an Entry) you shall be deemed to have read and accepted, and agree to comply with, such Brand’s own terms and conditions, to the extent such Brand’s terms and conditions impose greater obligations on creators than those set out in these Terms.
Vidsy may also subscribe to music licensing platforms for the purposes of allowing you to access and use specific music recordings with your Content. By using any music that Vidsy has access to because of a subscription, you are deemed to have accepted, and shall at all times comply with any additional terms or license agreements.
10. Limitation of Liability
Nothing in these Terms shall limit your or Vidsy’s liability for death or personal injury arising from the negligence or fraud of that party or for any other liability that cannot be limited or excluded as a matter of law.
The Site and any material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy, suitability or reliability. Vidsy will not be liable for you for any lack of performance, or the unavailability or failure of the Site.
You agree to release and hold harmless Vidsy, the Participating Brand and their respective affiliates, partners, successors, assigns, agents, licensees, employees, directors and officers (the “Released Parties”) from any liability for any loss or damage incurred by you in connection with the Site, any content available on the Site, your Entry or participation in a Brief. The Released Parties assume no responsibility for any loss or damage caused to your or any other third party’s device, software or operating system resulting from submitting an Entry or downloading materials or software in connection with a Brief.
You acknowledge and agree that in the event of any breach of failure to comply with these Terms by Vidsy, your only remedy will be an action in law for damages, if any, actually suffered by you. In no event shall you be entitled to receive injunctive or equitable relief or to enjoin or restrain the exploitation of your Content or Entry.
Vidsy makes no warranties, representations, undertakings or guarantees of any kind, including, without limitation, any warranties, representations, undertakings or guarantees as to the safety and suitability of any activities undertaken or locations visited by you, in connection with your Entry or participation in any Brief.
You acknowledge that you are best placed to assess the risks associated with the undertaking of any activity or the visiting of any location in connection with your Entry or participation in any Brief.
Vidsy shall not be liable for any loss or damage suffered or incurred by you in connection with any Brief. You agree to release and hold harmless Vidsy, the Brand and their respective affiliates, partners, successors, assigns, agents, licensees, employees, directors and officers (the “Released Parties”) from and against any losses and/or damages suffered or incurred by you in connection with any Brief. You agree to indemnify Vidsy in respect of all suits, claims, demands, causes of action, liabilities, losses and/or damages suffered or incurred by Vidsy arising out of or in connection with any Brief.
11. Termination
We may terminate these Terms and close your Vidsy account at any time on giving you reasonable notice without responsibility or liability to you if we cease to provide the Site or if you breach these Terms.
You may terminate these Terms and close your Vidsy account by notifying us at community@vidsy.co and thereafter ceasing to use the Site or enter any Briefs.
12. Governing Law
These Terms and any dispute, proceedings or claim of whatever nature arising out of or in connection with them or their formation (whether contractual, tortious or otherwise) shall be governed by and construed in accordance with English law and you and Vidsy agree to submit to the exclusive jurisdiction of the English courts.
13. Miscellaneous
Nothing in these Terms is intended to create a relationship between you and Vidsy akin to that of employer and employee, principal and agent, partnership or joint venture or any other fiduciary relationship. You shall not be entitled to insurance or any other benefits afforded to Vidsy employees.
Vidsy may delay enforcing its rights under these Terms without losing them.
If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
These Terms constitute the entire agreement between you and Vidsy in relation to the Site, Briefs and your Entry and Content.
Other than the Featured Brand, no third party shall have any rights of enforcement of these Terms under the Contracts (Rights of Third Parties) Act 1999.