These Terms of Service ("Terms") govern your access to and use of the Plan2Shoot website. Please read these Terms carefully, and contact us if you have any questions.
DESCRIPTION OF SERVICE
Please read these terms carefully to ensure that you understand each provision.
By accepting these terms, you agree that (a) you have read and understood the terms; (b) represent that you are at least 18 years old; (c) you can enter into a binding contract; and (d) you accept the terms and agree that you are legally bound by its terms as well as the terms of an underlying video project brief which is expressly incorporated and referenced herein. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept these terms and may not use the services.
If you are unsure as to the terms set herein, please do not proceed further and contact support email@example.com.
We, are a technology platform. We help brands and creators collaborate to create video. You agree to these terms when you use our services.
- Plan2Shoot (“we”, “our”, “us”, as the case may be) is a cloud video creation platform (the “Platform”).
- The Platform facilitates companies and/or individuals (“Customer”) in purchasing, planning, shooting, editing, and reviewing video anywhere in the world, online and mobile (collectively “Services”) by enabling them to engage and collaborate with video creative professionals (“Creators”) to produce digital assets including but not limited to video or photographic content captured at our film shoots, all graphics, animation, illustrations, concept art, including source files, storyboarding, draft and final outputs including video, static graphics or animations, any creative concepts and scripts (“Digital Assets”) in accordance with the specifications provided by the Customer (“Project Brief”).
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive and non-transferable access to and use of the Platform and/or our website for Creators that is available at Plan2Shoot.com (the “Website”) or at any URL which we may designate as our website from time to time, to use our Services.
- Simply put, we are not a video production company, but are a technology platform that connects and supports a global community of creators and brands for video creation.
You must create an account to use our Services. Your account must accurately report information about you. Your account is your responsibility.
- To use our Services, you need to create an account by registering on our Website (“As Creator”).
- Once you create an account you will be able to customize your profile (“Profile”).
- You agree to provide accurate, current and complete information about yourself.
- You are responsible for keeping your password secret and secure. You must immediately notify us of any unauthorized use of your password, account or any other breach of security of which you become aware.
CREATING DIGITAL ASSETS
Jobs, Work Contracts, and Contract Details are confidential and form a binding contract when you accept them.
- “Job” refers to one or more tasks that need to be completed on the Video Project Brief.
- “Project Brief” includes the parameters, specifications, and terms and conditions of the project where Digital Assets are delivered.
- “Project Work” is sent to you through the Platform to perform Job and it contains information such as Start Date, End Date, Due Date, Contract Price, and Job, and the link to Video Project Brief.
- By clicking the “Accept” button on the Project Work, you agree to the Job and the Project Brief.
- Clicking “Accept” Button on the Project Work will constitute a valid and binding agreement, and such terms and conditions will be incorporated into these Terms for all purposes. Any non-compliance by you with the terms of such Work, Project Brief, or Job will be deemed a violation of these Terms. If you believe that you will not be able to adhere to specifications in the Contract, Project Brief or Job, please do not accept.
- You agree to treat the contents of the Project Work, Project Brief, and Job, and any information related to the Customer as confidential and not to disclose such information to any third party.
COLLABORATION AND COMMUNICATION
Project communications with us and the Customer must occur within the platform. Should a Customer contact you again for another Job, please direct them back to our Platform.
- You may communicate with Plan2Shoot and Customer through P2S manager assigned for the job on the Platform.
- The Platform manages the project to ensure that a successful Digital Asset is created for the assigned Project Brief.
- All communication between you and the Customer must go through the Platform as online message(s) posted on the Platform
- If, after completing a Job with a Customer, that same Customer requests you to work on a project directly without the involvement of us and/or the Platform, you hereby agree to direct them to the Platform and continue communicating with them via the Platform. You may ask that Customer to make you their ‘preferred’ Creator on our Platform.
- For the avoidance of doubt, any Customer is a customer of ours and not yours and there shall not be any privity of contract between any Customer and yourself.
RELATIONSHIP WITH US
You are a freelance, independent creator and not our employee. You are free to explore
other employment opportunities provided that your obligations to us and your employer
- For the avoidance of doubt, you will not be construed as an employee of us for any purpose whatsoever, but you are performing your services purely as an independent service provider.
- Further, you and us shall not be construed as being partners, joint venture(s), shareholders, employer/employee, agent/servant.
- You have no power or authority to bind us to any obligation, agreement, debt or liability. You are not to hold yourself out as an agent or representative of us.
DIGITAL ASSETS AND INTELLECTUAL PROPERTY RIGHTS
You will not share or publish online any content created for Plan2Shoot, without
written permission. All Digital Assets that you provide should be original and/or belong to
you, and should be assigned to us where it is created for the Project Brief.
- You represent that you are the author and the owner of the Digital Assets that you create pursuant to the Project Brief and Job.
- You warrant that the Digital Assets and all the intellectual property comprising in the Digital Assets do not infringe the intellectual property rights or any other rights of a third party.
- You agree to assign all the rights to the Digital Assets that you create pursuant to the Project Brief and Job to us and agree that we will be the sole beneficial owner of the entire right, title and interest in and to all and any intellectual property rights conceived, originated, or made by you in the course of Job. You undertake to waive all rights to any of these intellectual property rights inclusive of all moral rights and like rights that may be recognized in any part of the world to the fullest extent permissible under law. You further agree not to challenge our ownership, rights, title or interest in the Digital Assets and its right to register the copyright and any other intellectual property rights, and use or license the Digital Assets at its sole discretion.
- You agree to execute any and all relevant instrument(s) as may be necessary to effectuate such a transfer so that we may register such intellectual property rights with any relevant authority, where applicable.
- You acknowledge that you do not hold any intellectual property interest in the Digital Assets, including any changes, derivations, or substantially similar artwork or designs related to the Digital Assets.
- You acknowledge that you will not publish, share, distribute or post online any content you provide to us pursuant to the Project Brief and Job. If you wish to use Digital Assets for a limited promotional purpose, you may do so only by obtaining our prior written consent by contacting us directly through the Platform, or contacting the Creator team.
All Digital Assets and communications must be delivered on time through our Platform.
- You agree to deliver Digital Assets within the stated time on the Project Brief or the Project Work.
- Delivery of Digital Assets must be made by uploading through the Plan2Shoot Platform. Third party transfers may be requested in time sensitive situations, but all assets must be delivered through the platform to fulfil the terms of the contract specified in the Project Brief.
- Delivery is complete when Digital Assets are uploaded to the Platform or as described in the Video Project and all the required edits have been made. The specifications of the Digital Assets should be within the limits set forth in the Project Brief.
The Work Contract can be terminated if you violate the Agreement, or the terms set forth in
this document. If the Customer breaches/terminates the Agreement, you will be compensated accordingly.
- We reserve the right to terminate any Work Contract for the any of the following reasons:
- You fail to meet the conditions and expectations outlined in Customer’s Project Work Contract or Project Brief.
- Customer terminates the Video Project Brief.
- You fail to adhere to our Creator Terms and Conditions
- You engage in any physical or psychological abuse, or threatens, assaults, or harasses another person (whether sexually, racially or otherwise) during the performance of the Work Contract.
- You undertake any other conduct, either during the performance of Job or otherwise, that in our opinion could damage our reputation and/or relationships.
- If your Work Contract is terminated due to your not meeting the conditions and expectations of the Work Contract or Project Brief or failing to adhere to our Creator Terms and Conditions, we reserve the right to withhold some of or all the payment of the Work Contract.
- If Customer terminates the Video Project Brief resulting in termination of the Project Work, we shall:
- notify you as soon as possible of the termination
- pay for any Jobs and Work Contracts already completed. However, if Job or Video Brief is cancelled by our Customer before the above-mentioned time period, you agree that we will have discretion on the amount due to you.
- partial completion of a Job will result in a reasonable partial payment determined by us in our sole discretion. Upon termination of the Work Contract or upon our request at any other time, you will deliver to us all of the Digital Assets together with all copies thereof, and any other material containing or disclosing any Digital Assets, Third Party Information, or Confidential Information.
- Upon request, and at the end of the Work Contract and/or termination of the Work Contract, you will promptly deliver to us all property or material belonging to or concerning us which is in your possession or control.
REPRESENTATIONS AND WARRANTIES
You are capable of fulfilling the work which you have described in your profile, and carry responsibility for any and all local licenses, permits and insurance requirements.
You represent and warrant that:
- you have the full power and authority to comply with these Terms, and your activity hereunder conflicts with any obligation on your part;
- the information and qualifications that you have provided in your Profile is accurate and truthful and that links that you have shared to create your account are your original works;
- you are suitably qualified to take up Job(s);
- to the extent that you upload any Digital Assets through the use of the Platform and Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such Digital Assets and that such Digital Assets does not violate intellectual property rights of any third party; and
- you have obtained all necessary clearances, licenses, consent, permits, and insurance coverage required in your country in order to create the Digital Assets, including without limitation, drone permits and licenses for the creation of footage using drones.
CODE OF PROFESSIONAL CONDUCT
No drugs or alcohol during work. No harassment. No bribes. No stealing customers. No discussing payment terms with customers or outside the platform. Dress professionally, and be clean. No exceptions.
- We are committed to fostering an environment that is respectful and free from harassment and discrimination against any stakeholder, including creators, brands, employees, and Customers. We do not tolerate harassment of or discrimination against any of our employee(s), Customers, or third-party service provider(s). Your conduct impacts our reputation and is a reflection of our brand.
- Accordingly, you agree to follow and ensure that all of your personnel (i.e., those who work for you either as employees or subcontractors) will follow a professional level of conduct, including but not limited to:
- completing each Work Contract and its requirements with integrity and the highest standards of professional conduct;
- treating and communicating with our Customers, their employees, and our employees, with respect, courtesy, and professionalism;
- refraining from performing any Project and/or communicating with our Customer(s) and employees while under the influence of mind-altering substances including but not limited to drugs or alcohol;
- refraining from requesting or accepting anything of value from our Customers, or third-party service providers;
- refraining from directly or indirectly soliciting any of our Customers for the purpose of securing additional work to the detriment of our business relationship with our Customers;
- refraining from discussing the terms of the project for which you have been hired, including terms of compensation, with anyone other than us;
- maintaining a clean and professional personal appearance when working on a project.
- If you are not able to comply with our Code of Professional Conduct, please notify us and Client immediately. You agree that your violation of this Code of Professional Conduct is a material breach of these Terms, which entitles us to terminate these Terms immediately without further reference to you.
It is your responsibility to provide us with the correct information to be paid in a timely manner. You are responsible to report and pay for all applicable taxes.
- Subject to your compliance with the Terms and the Project Brief, and upon delivery of the Digital Assets, you shall be compensated in the currency stipulated in the relevant Work Contract and upon the payment terms set out in the relevant Work Contract (“Payment”). Unless stated otherwise in the Work Contract, Payment shall be issued upon delivery and approval of the Digital Assets.
- To facilitate Payment, you will be required to provide us with sufficient information to allow us to transfer funds to you. In certain limited situations, we may offer payment via bank transfer and/or other methods of remittance at our sole discretion.
- You agree to provide accurate information for facilitating Payment and if we are unable to facilitate the Payment because of inaccurate information provided by you, we will inform you through reasonable means and you will need to furnish accurate information to us for facilitating Payment.
- You agree to promptly return the monies to us, if the amount remitted to you is more than Payment due. You also agree to contact us on the Platform to inform us about the same.
- You agree that you, the Creator, is responsible for all fees/ charges that may be incurred in connection with the Project Brief unless mentioned otherwise.
- You further agree that you will report to all applicable government agencies as income all payments received by you pursuant to these Terms. This means you will be solely responsible for payment of all withholding taxes by any government agency for any payments received by you. You are not entitled to any benefits paid or made available by us to our employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by us pertaining to any bonus, stock option, profit sharing, insurance or similar benefits. You agree to defend, indemnify and hold harmless us and subsidiaries, agents, etc from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from your breach of the foregoing obligations.
- You shall be responsible for all your own personal insurance and any insurance necessary for the performance of your services, including your equipment and personnel.
- If applicable, GST/VAT is automatically added to your payment provided that GST/VAT registration number has been added to your account. By not including a GST/VAT number in your Account, you forfeit all GST/VAT payments until your Account includes your GST/VAT number. We do not take any responsibility for any tax obligations other than GST/VAT.
We only want to contract with you, so you are unable to find someone to replace you under this contract. If someone wishes to create an account with us, please direct them to our Platform.
You agree not to use our content in any way inconsistent with these terms, nor use our Platform for any negative purposes.
- You agree that our Platform, Website, graphics, trademarks, and editorial content, contain proprietary content, information and material, are owned by us and/or our licensors, including our customers, brands and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform, Website, etc. or in any manner that is inconsistent with the terms of these Terms.
- You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Platform, Website, etc. in any manner, and you shall not exploit our Platform, etc. in any unauthorized way whatsoever, including but not limited to, using our Platform, Website, etc. to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use our Platform, Website, etc. in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Platform, Website, etc.
COMPETITIVE/CONFLICTING JOBS AND CONFIDENTIALITY
You are free to do other jobs as long as it is not providing services to a competitor of the Customer, or anything requiring you to detract or conflict with your obligations under the Work Contract. Don’t forget to keep confidentiality.
- You agree, during the term of the Project Work, not to enter into a contract or accept an obligation that is inconsistent or incompatible with your obligations under the Project Work, including by providing services to a competitor of the Customer.
- You also further agree not to disclose to, deliver to, or induce us to use any confidential information that belongs to anyone other than us, the Customer or you.
- For the purposes of these Terms, the term “Confidential Information” shall mean all documents, materials, information whether verbal, written or rendered or stored in any form and of whatever nature relating to us and our related entities or companies and their business affairs and operations, and any dealings which we may have with any person, company, entity or governmental entity, any information disclosed to you through your access to the Services related in any way to us and our business and the business of our customers which we deem to be confidential and proprietary, including but not limited to any Project Brief.
- Further, you acknowledge that we or our Customer may provide Confidential Information to you in connection with your use of the Services or participation in a Project Brief including, but not limited to our Platform, identity of our Customers, including any of our Customer’s, names, phone numbers, addresses, e-mail addresses, campaign, Project Brief, history, preferences, pricing information and other information regarding a Customer’s products, services, or initiatives, or other topics of the Project Brief and all other information which we consider to be confidential and proprietary or any special treatment that you may receive (which we reserve the right to provide in its sole discretion to any creator)
- You agree and undertake to:
- not use the Confidential Information for any purpose other than for the purposes of the Job and/or Work Contract;
- not disclose to any party, whether a person, a firm or a corporation, any or all of the Confidential Information, without our prior written consent;
- take all steps to prevent any reproduction, duplication and/or copying of the Confidential Information by any person;
- take all steps to ensure that documents and items of work-in-progress (if any) that embody the Confidential Information are kept in a secured storage area;
- surrender and return all or any of the Confidential Information and any notes, memoranda or the like including any copies thereof to us on our written demand or on the expiry or termination of the Work Contract;
- acknowledge that the Confidential Information and all rights therein are and shall remain the sole and exclusive property of us and/or the Customer; and
- not make or publish any news releases or make any announcements or denial or confirmation in any medium concerning this Agreement or any part of the Services, in any manner, advertise or publish the same in the medium, without our prior written consent.
- This clause shall survive the termination or expiration of the Work Contract for any reason.
Working with Plan2Shoot means we need to communicate and collaborate together. We will never spam you. Please provide accurate means of contact information.
- By establishing an Account with us, you agree to communicate with us via our Platform and receive communications from us via email, phone, text message and/or push notifications. We will not send you any promotional emails. However, if you happen to receive promotional email, contact us immediately firstname.lastname@example.org.
- You may not be able to unsubscribe from receiving essential Service-related and Account-related informational (transactional) emails from us. If you do wish to unsubscribe from such emails, please send your request email@example.com subject line: “Unsubscribe from plan2shoot Transactional Emails.” Please note that unsubscribing from such emails will impact your use and enjoyment of our Platform, Services, Website and will impact your communication with us and/or our Customers.
- Push Notifications : Please note that opting out of receiving push notifications may impact your use of our Services as you will not receive update(s) on Project Brief, Jobs, Work Contract(s) or any other related Services that may result in breach of your obligations under these Terms.
You will not hold us responsible for your negligence, among other things.
- You shall indemnify, defend and hold us and our officers, employees, managers, directors, customers and agents (the “plan2shoot Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against the plan2shoot Indemnified Parties arising from any of the following:
- breach of these Terms or underlying Project Brief;
- infringement of intellectual property rights of any third party;
- direct or indirect claim that arises out of the negligence, gross negligence or wilful misconduct of you or your employees, agents or contractors;
- incorrect information provided by you in your Account or elsewhere; or
- a failure by you or your employees, agents, contractors or invitees to comply with Applicable Laws and regulations.
Your use of the Platform and our Services are at your risk.
- Your use of the Platform and/or the services is at your sole risk. The Platform and/or the services are provided on an “as is” and “as available” basis. We expressly disclaim, to the fullest extent permissible by law, all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranty that:
- Platform and/or the Services will meet your requirements;
- access to Platform and/or the Services will be uninterrupted, timely, secure, or error-free; and/or
- the quality of Services, Platform, information, or other material obtained by you through the Platform and/or the Services will meet your expectations.