Terms & Conditions

TABLE OF CONTENT

 

SushiVid Platform Influencers Terms of Service

 

The following terms of service (the "Terms of Service") govern your access to and use of (1) the SushiVid website located at http://www.SushiVid.com(the “Website”), (2) the SushiVid online platform facilitating the matching of persons offering to create online media content that are promotional in nature (each, an “Influencer”), the brand (as defined below), and (3) all other services provided by SushiVid, as described on the Website (the "Site”). These Terms of Service form an agreement between SushiVid Sdn. Bhd. ("SushiVid", “us”, “we”, “our”) and you.

The term "you" refers to the person or entity visiting, browsing, using the Site, or communicating with individuals or businesses registered with SushiVid (each, a “Brand”) for the purpose of creating promotional online media content for your products or services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Site shall mean access or use, and using shall have a corresponding meaning) the Site, you accept and agree to be bound by and comply with these Terms of Service. If you are accessing or using the Site on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service.

the Site is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various types of Campaign opportunities and Brands available on the Site, including profiles, price ranges, and Campaign descriptions (each, a “Brand Profile”); (2) enable you to post information regarding yourself and to respond to any Campaign opportunities; (3) post reviews of Brands; (4) facilitate communication with Brands with the objective of entering into a Campaign Agreement; and (5) facilitate the transmission of payments from the Brand to you under a Campaign Agreement (“Platform Services”).

Changes to these Terms of Service and Platform
 

Except where prohibited by applicable law, SushiVid reserves the right to change these Terms of Service at any time without prior notice. Your continued access to or use of the Site after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms of Service regularly.

SushiVid reserves the right to change any information, material or content (including, but not limited to, features, availability of Brands, Brand Profiles, price, types of Campaigns, and reviews of Campaigns and reviews of Brands) contained on or provided through the Site (the "Content") at any time, and from time to time, without notice.

License Grants
 

Subject to these Terms of Service, SushiVid grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Site in accordance with these Terms of Service.

Subject to these Terms of Service, you grant to SushiVid a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (1) you load, transmit to or enter into the Site, or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Site Services, (B) complying with applicable law, and (C) SushiVid’s reasonable audit and data retention policies.

User Account
 

You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Site and be issued with a userid and password login credentials by SushiVid (“User ID”) in order to use the Site and communicate with Brands through the Site. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect any personal data of any other user of SushiVid, including account ids. SushiVid reserves the right to disable any User Account issued to you at any time in SushiVid’s sole discretion. If SushiVid disables access to a User Account issued to you, you may be prevented from accessing SushiVid, your account details or any Campaigns that are associated with your account.

Term and Termination
 

These Terms of Service shall commence on the day you first use the Site and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Service as follows: (1) SushiVid may terminate these Terms of Service at any time and with immediate effect by giving notice to you, at SushiVid’s discretion, by email (at your current email address on file with SushiVid) or through the Site; (2) you may terminate these Terms of Service at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Site) that your User Account be deleted, ceasing use of the Site and uninstalling and removing all local software components thereof.

Campaign Agreements with Brands
 

The Site permits you to view the Brand Profiles of Brands who have registered on our Platform and have chosen to allow you to view their Brand Profiles. If a Brand selects you for a Campaign through the Site, you may separately enter into an agreement with that Brand on such terms and conditions as may be agreed to between you and that Brand (“Campaign Agreement”). For example, the Campaign Agreement may contain (a) a description of the services you will provide to the Brand, (b) payment terms, and (c) any other terms and conditions as communicated between you and the Brand through this Platform or otherwise. You understand that you are performing services for the Brand, and not SushiVid, and that SushiVid is not a party to and will be in no way responsible for the performance of either you or the Brand under any Campaign Agreement, except for facilitating the transmission of payment from the Brand to you on their instructions in accordance with these Terms of Service. SushiVid does not make any representations or warranties of any kind in respect of a Brand or a Campaign Agreement. You also agree to act in good faith when negotiating and performing your obligations under each Campaign Agreement.

If you enter into a Campaign Agreement other than through the use of the Site, you will notify SushiVid within seven (7) days of the date of such Campaign Agreement.

Facilitated Payments Withholding Consent
 

If SushiVid facilitates the transmission of any payments from the Brand to you in connection with a Campaign Agreement (each, a “Facilitated Payment”), SushiVid may in its sole discretion withhold from any such Facilitated Payment any amounts that are payable to SushiVid by the applicable Brand in connection with that Campaign Agreement. SushiVid is not your trustee or fiduciary in respect of any Facilitated Payments or any Campaign Agreements. SushiVid reserves the right, at its sole discretion, to place a hold on a Facilitated Payment, if SushiVid determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if SushiVid is required to cooperate with law enforcement.

Exclusivity
 

For a period of six (6) months commencing on the later of:

  • the date when you last communicated with a Brand in respect of a Campaign, whether through the Site or otherwise, and
  • the execution date of a Campaign Agreement entered into with a Brand (the “Commencement Date”), neither you nor your agents or affiliates will enter into an agreement directly or indirectly with such Brand for the creation of any promotional media content, subject to the following exemptions:

 

The agreement you are entering into with the Brand is a Campaign Agreement, in respect of which SushiVid will receive a fee as provided for thereunder; or

You were engaged in good-faith negotiations with the Brand for the creation of that promotional media content on or before the Commencement Date; or

You are renewing a pre-existing agreement with the Brand that expired after the Commencement Date.

Privacy Policy
 

We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy on our website at www.sushivid.com

Please note that Brands may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your personal information. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to SushiVid that you have familiarized yourself and agree with those privacy policies or statements imposed by any Brand with whom you elect to deal through the Site.

DISCLAIMER AND LIMITATION OF LIABILITY
 

THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. SUSHIVID DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. SUSHIVID DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT. IN ADDITION, SUSHIVID EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE.

BUSINESS AND CAMPAIGN REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SUSHIVID DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. SUSHIVID MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC BUSINESSES, CAMPAIGNS OR TYPES OF CAMPAIGNS.

TO THE FULLEST EXTENT PERMITTED BY LAW, SUSHIVID DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL SUSHIVID BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SUSHIVID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT OR ANY CAMPAIGN AGREEMENT.

BUSINESSES ENGAGING YOUR SERVICES THROUGH THE SITE ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF SUSHIVID. SUSHIVID IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY BUSINESSES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY CAMPAIGNS OR CAMPAIGN AGREEMENTS.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SUSHIVID IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING FROM A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT EXCEED TEN US DOLLARS ($10) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

SushiVid Platform Brands Terms of Service
 

Last Updated: 1 November, 2015

The following Terms of Service (the "Terms of Service") govern your access to and use of (1) the SushiVid website located at http://www.SushiVid.com(the “Website”), (2) the SushiVid online platform facilitating the matching of Influencers (as defined below) and other users (each, a “Brand”) interested in engaging an Influencer to create online media content that are promotional in nature, and (3) all other services provided by SushiVid, as described on the Website (collectively, the "Site”). These Terms of Service form an agreement between SushiVid Sdn Bhd. ("SushiVid", “us”, “we”, “our”) and you.

The term "you" refers to the person or entity (including, but not limited to Brands) visiting the Site, browsing or otherwise using the Site, or communicating with content creators registered with SushiVid (each, an “Influencer”) for the purpose of creating promotional online media content for your products or services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Site shall mean access or use, and using shall have a corresponding meaning) the Site, you accept and agree to be bound by and comply with these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, please do not access or use the Site. If you are accessing or using the Site on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service.

the Site is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various types of Campaigns and Influencers available on the Site, including profiles, price quotes, and videos of Influencers (each, an “Influencer Profile”); (2) enable you to post information regarding yourself and your Campaign request; (3) post reviews of Influencers; (4) facilitate communication with Influencers with the objective of entering into a Campaign Agreement; and (5) facilitate the transmission of payments from you to the Influencer under a Campaign Agreement (“Platform Services”).

Changes to these Terms of Service and Platform
 

Except where prohibited by applicable law, SushiVid reserves the right to change these Terms of Service at any time without notice. Your continued access to or use of the Site after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms of Service regularly.

SushiVid reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Influencers, Influencer Profiles and types of Campaigns, and reviews of Campaigns and Influencers) contained on or provided through the Site (the "Content") at any time, and from time to time, without notice.

License Grants
 

Subject to these Terms of Service, SushiVid grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Site in accordance with these Terms of Service.

Subject to these Terms of Service, you grant to SushiVid a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (1) you load, transmit to or enter into the Site, or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Site Services, (B) complying with applicable law, and (C) SushiVid’s reasonable audit and data retention policies.

User Account
 

You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Site and be issued with a userid and password login credentials by SushiVid (“User ID”) in order to use the Site and communicate with Influencers through the Site. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of SushiVid, including account ids. SushiVid reserves the right to disable any User Account issued to you at any time in SushiVid’s sole discretion. If SushiVid disables access to a User Account issued to you, you may be prevented from accessing SushiVid, your account details or any Campaigns that are associated with your account.

Term and Termination
 

These Terms of Service shall commence on the day you first use the Site and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Service as follows: (1) SushiVid may terminate these Terms of Service at any time and with immediate effect by giving notice to you, at SushiVid’s discretion, by email (at your current email address on file with SushiVid) or through the Site; (2) you may terminate these Terms of Service at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Site) that your User Account be deleted, ceasing use of the Site and uninstalling and removing all local software components thereof.

Campaign Agreements with Influencers
 

the Site permits you to view the Influencer Profiles of Influencers who have registered on our Platform and have chosen to allow you to view their Influencer Profiles. If you select an Influencer for a Campaign through the Site, you may separately enter into an agreement with that Influencer on such terms and conditions as may be agreed to between you and that Influencer (“Campaign Agreement”). For example, the Campaign Agreement may contain (a) a description of the services to be provided by the Influencer, (b) payment terms, and (c) any other terms and conditions as communicated between you and the Influencer through this Platform or otherwise. You understand that you are engaging the Influencer you select and not SushiVid, and that SushiVid is not a party to and will be in no way responsible for the performance of either you or the Influencer under any Campaign Agreements, except for facilitating the transmission of payment from you to the Influencer on your instructions in accordance with these Terms of Service. SushiVid does not make any representations or warranties of any kind in respect of an Influencer or a Campaign Agreement. You are responsible for managing, inspecting, accepting and paying for services and deliverables provided under a Campaign Agreement in accordance with the terms and conditions thereof. You also agree to act in good faith when negotiating and performing your obligations under each Campaign Agreement.

If you enter into a Campaign Agreement other than through the use of the Site, you will notify SushiVid within seven (7) days of the date of such Campaign Agreement.

Payment Fees
 

You shall pay SushiVid a fee that is equal to 25% of the amounts payable by you in connection with each Campaign Agreement or, if no amounts are payable by you in connection with a Campaign Agreement, you shall pay SushiVid an amount as determined by the then current fee schedule that can be found on our Website (the “Fee”). If you make any payments in connection with a Campaign Agreement other than through the Site or SushiVid, you shall pay SushiVid the Fee within fifteen (15) days of such payment. You will pay SushiVid the Fee even if the Influencer fails to perform fully or partially under the Campaign Agreement.

SushiVid may facilitate the transmission of payments from you to the Influencer in connection with a Campaign Agreement (“Facilitated Payment”). You hereby authorize SushiVid to deduct the Fee from any such Facilitated Payment prior to transferring the remaining funds to the Influencer on your instructions. SushiVid is not your trustee or fiduciary in respect of any Facilitated Payments or any Campaign Agreements. SushiVid reserves the right, at its sole discretion, to place a hold on a Facilitated Payment, if SushiVid determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if SushiVid is required to cooperate with law enforcement.

Refunds
 

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment or relates to fees or charges payable to us.

If the amount the Brand has asked to refund relates to: (1) a Milestone Payment, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set out in the Clause "Disputes with Us" must be followed.

If we agree to the refund, the funds will be received by the Brand via the same payment method(s) that the User used to make the original payment to us. We may, in our sole discretion, use an alternative payment method in exceptional circumstances.

We may refund funds to Brands irrespective of whether a Brand has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the Brand will avoid any dispute or an increase in our costs; (3) we refund funds to the Brand in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the Brand is fraudulent; (5) the Brand made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by going to our Contact us page or emailing us at hi@sushivid.com. If you have done so, you must not initiate a chargeback request with your credit card issuer until such time as all reasonable efforts have been exhausted with us to resolve your request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

There is no minimum amount for a refund.

Exclusivity
 

For a period of six (6) months commencing on the later of:

  • the date when you last communicated with an Influencer in respect of a Campaign, whether through the Site or otherwise, and
  • the execution date of a Campaign Agreement entered into with an Influencer (the “Commencement Date”), neither you nor your agents or affiliates will enter into an agreement directly or indirectly with such Influencer for the creation of any promotional media content, subject to the following exemptions:

 

The agreement you are entering into with the Influencer is a Campaign Agreement, in respect of which SushiVid will receive a Fee as provided for hereunder; or

You were engaged in good-faith negotiations with the Influencer for the creation of that promotional media content on or before the Commencement Date; or

You are renewing a pre-existing agreement with the Influencer that expired after the Commencement Date.

Privacy Policy
 

We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy on our website at www.sushivid.com

Please note that Influencers may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your personal information. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to SushiVid that you have familiarized yourself and agree with those privacy policies or statements imposed by any Influencer with whom you elect to deal through the Site.

DISCLAIMER AND LIMITATION OF LIABILITY
 

THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. SUSHIVID DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT.THE SITE AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. SUSHIVID DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT. IN ADDITION, SUSHIVID EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE.

INFLUENCER AND CAMPAIGN REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SUSHIVID DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. SUSHIVID MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC INFLUENCERS, CAMPAIGNS OR TYPES OF CAMPAIGNS.

TO THE FULLEST EXTENT PERMITTED BY LAW, SUSHIVID DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL SUSHIVID BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SUSHIVID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT OR ANY CAMPAIGN AGREEMENT.

INFLUENCERS MARKETING THEIR SERVICES THROUGH THE SITE ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF SUSHIVID. SUSHIVID IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY INFLUENCERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR CAMPAIGNS CREATED BY INFLUENCERS.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SUSHIVID IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING FROM A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT EXCEED ALL FEES SUSHIVID HAS COLLECTED UNDER THESE TERMS OF SERVICE IN THE PRECEDING 12 MONTHS OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

General Terms of Service
 

Beginning here until the end of the document, the Terms of Service is applicable to all users of the Site.

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Service.

SushiVid retains the right, at its sole discretion, to deny access to anyone to the Site or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Service. You shall cease and desist from any such access or use immediately upon request by SushiVid.

Reviews and Comments
 

By submitting content to the Site or SushiVid, including any Brand, Influencer or Campaign reviews, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant SushiVid and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the id that you submit in connection with such Submission. You acknowledge that SushiVid may choose to provide attribution of your Submissions (for example, listing your id and city on an Influencer or Campaign review that you submit) at our discretion, and that such submissions may be shared with others using our Platform. You further grant SushiVid the right to pursue at law any person or entity that violates your or SushiVid’s rights in the Submissions by a breach of these Terms of Service. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

SushiVid takes no responsibility and assumes no liability for any Submissions posted or submitted by you. SushiVid has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Site. If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Site. You shall not post or transmit to or from the Site:

  • any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law;
  • any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
  • any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Site. You acknowledge that SushiVid may exercise its rights (e.g. publish, delete) to use any Submissions without any notice to you.

 

Ownership
 

All Content, including and not limited to designs, illustrations, software, video, sound, ids, words, phrases, logos, images, tracks, titles, descriptions and marks displayed on the Site, are owned or licensed by SushiVid and are protected by copyright, trade-mark and other intellectual property laws.

SushiVid reserves all rights in the Site and all materials provided by SushiVid in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the Site, all materials provided by SushiVid in connection with these Terms of Service (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with SushiVid (or third party suppliers, if applicable), and that the Site and all materials provided by SushiVid hereunder are licensed and not “sold” to you.

All contents of the SushiVid website are: © 2015 SushiVid Sdn Bhd.

Intellectual Property
 

The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not and shall not permit anyone else to print or otherwise make copies of any such content without our express prior permission

SushiVid offers the Campaign Dispute Resolution Services to Brands who have elected to use the SushiVid Escrow Payment System feature. You agree and acknowledge that:

  • SushiVid is not providing legal services;
  • SushiVid will not advise you regarding any legal matters; and
  • if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on SushiVid for any such counsel.

 

In the event of a dispute between a Brand and a Influencer regarding a return or release of Milestone Payments, either Brand or Influencer may elect to use the Campaign Dispute Resolution Services offered by SushiVid as set out in the Campaign Disputes Policy.The Brand and Influencer will then be notified that the matter will be addressed through the Campaign Dispute Resolution Services.

You agree to indemnify and (to the maximum extent permitted by law) hold SushiVid and any of our affiliates harmless against any damages or liability you may suffer as a result of using the SushiVid Escrow Payment System and/or Campaign Dispute Resolution Services.

 

SushiVid will respond to disputes initiated by a Brand or a Influencer in accordance with the Campaign Dispute Resolution Services as set out in this clause and the Campaign Disputes Policy and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Website by SushiVid as set out in the clause entitled Disputes with Us.

Third Party Websites
 

The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

Communications Not Confidential
 

SushiVid does not guarantee the confidentiality of any communications made by you through the Site. Although SushiVid generally adheres to the accepted industry practices in securing the transmission of data, you understand, agree and acknowledge that SushiVid does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Site.

Indemnification
 

You shall defend, indemnify and hold harmless SushiVid and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

your breach of any of your warranties, representations or obligations under these Terms of Service or any documents referenced herein; (b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); (c) your use of the Site; (d) breach of or failure to perform under any Campaign Agreement by you or by any third party acting on your behalf or with your permission; or (d) the use of any media content created by Influencers, you or third parties in connection with a Campaign by you (Brands and or Influencers or by any third party acting on your behalf or with your permission.)

Geographic Application of the Site
 

Not all of the Influencers, Campaigns and services described on the Site are available in all jurisdictions. Furthermore, nothing on the Site constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

Governing Law
 

These Terms of Service will be governed by and construed in accordance with the laws of Malaysia, and the courts of Malaysia will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Service.

Entire Agreement, Waiver and Severability
 

These Terms of Service constitute the entire agreement between SushiVid and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SushiVid with respect to the Site. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SushiVid's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between the parties (such as the terms of a Campaign Agreement in respect of a Campaign), then these Terms of Service shall prevail; provided that, if you are also an Influencer registered on the Site, the Terms of Service applicable to Influencers will govern your relationship with SushiVid in that respect.

These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.