Terms & conditions
These terms (“Terms”) govern your use of the Hidols Ltd™ platform - mobile, web-browser or otherwise, through our website www.hidols.com. (the “Site”, “Company”, “us”, “we”).
You are a “User”! By using the Site you agree to these Terms. Any questions, queries or musing in relation to these should be addressed to email@example.com - and we’ll scratch ours heads and answer them for you.
PLEASE READ THESE TERMS CAREFULLY. Using our Site signals your acceptance of (and being bound by) these Terms. If you do not agree, do not access or use our Site.
1. HIDOLS - BASICS
Any information you provide in relation to the Site must be true and accurate to the best of your knowledge and belief. You are responsible for all activity which occurs whilst the Site is being used by you - or represented as being used by you.
If you think that the Site is being used on your behalf by another User - contact us immediately. The Company bears no responsibility or liability for any costs, losses, expenses or damages occurring from your use of the Site.
2. HIDOLS - Videos
1. Through the Site you can request another User to provide you with a personalised video (“Hidols Videos”, “Hidols Video”) by making a request though the Site.
2. The User to whom you make the request has absolute direction how to fulfil your request. Neither the other User - nor the Company - has any liability for how the request is fulfilled.
3. Nor is a User obliged to respond and/or fulfil a request. That is at the absolute discretion of the receiving User.
4. If you receive a Hidols Videos - yippee. A license has been granted by the other User to it - provided that you pay for it in full and as agreed.
5. What does a license mean? It’s a right to use the Hidols Videos for your own personal (and non-commercial) uses. You cannot use it for promotion but can use it royalty-free, fully-paid and worldwide.
6. You cannot sell your Hidols Video. That’s not cool! But you can use it to the extent necessary for your own private and non-commercial purposes - such as showing you favourite User’s Hidols Videos at your cousin’s wedding.
7. Hidols Videos can only be used in accordance with these Terms!
3. LEGAL BIT (Eeeurgh)
By using the Site (and being a User) you agree that:
1. The Company has no liability for any Hidols Video delivered or not delivered by another User, or for the content of any Hidols Video.
2. By providing a Hidols Video you consent to it being used by the other User (and therefore do not expect and will not claim rights of privacy over it).
3. The Company may terminate your access to the Site and/or any Hidols Videos at any time at its absolute discretion, whereupon your rights in any Hidols Videos immediately cease (and you must destroy, delete or remove these - and provide confirmation in writing to the Company of the same).
1. You must be at least 16 to be a User. If not - please don’t use our Site.
2. You have full authority to be a User, use the Site and order
3. You will comply with all laws relating to the Site and with all these Terms.
4. As a User you will not:
a. use a false identity or provide any false or misleading information;
b. create an account if you (or any Site account that you created or controlled) have previously been removed or banned from our Site;
c. use or authorize the use of any Hidols Video for any purposes other than: (i) the specific limited purposes set forth in the Terms; (ii) those set out in any applicable Additional Terms;
i. violate any law, regulation, or court order;
ii. violate, infringe, or misappropriate the intellectual
property, privacy, publicity, moral or "droit moral" or other legal rights of any third party;
iii. take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
iv. send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
v. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any User;
vi. transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
vii. stalk, harass, threaten, or harm any third party;
viii. impersonate any third party;
ix. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
x. use any means to scrape or crawl any part of our Site;
xi. attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Site, Users, recipients, or any other third party;
xii. access our Site to obtain information to build a similar or competitive website, application, or service;
xiii. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or
xiv. advocate, encourage, or assist any third party in doing any of the foregoing.
For clarity, your use of any Hidols Video includes use anywhere (on our Site or otherwise).
5. ORDERING A HIDOLS VIDEO
1. The amount each User charges for a Hidols Video is set-out on their individual description. By submitting a request for a Hidols Video you
confirm that you will pay on time.
2. You will only pay for a Hidols Video through the Site and its third-party payment providers. If anything goes wrong with payment this is a matter between Users and the third-party payment provider. You must familiarise yourself with any terms associated with the third party payment provider before using their facilities to make payment.
3. The Company may at any time (and at its absolute direction) cancel your request for a Hidols Video
1. You acknowledge and agree that each Hidols Video is owned by the User who created it.
2. We own all rights, titles and licenses in the Site, including (but not limited to) data, text, user experience, feels, trademarks, logos, slogans, software, ideas, processes and anything else specific to our Site whatsoever. You cannot use or copy these without our express written permission.
3. By being a User and using the Site you grant the company a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in all of a User’s content, Hidols Videos or any other interaction with the Site and other Users whatsoever. That means we can use, reproduce or use as marketing materials a Hidols Video or any other interaction whatsoever.
7. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
1. We take intellectual property rights very seriously. If you feel that yours have been infringed by the Company - contact us. Provide us with full details of your issue to firstname.lastname@example.org and we’ll investigate and respond to you as soon as reasonably possible.
9. THIRD PARTIES
1. Our Site uses third parties (plug-ins, services, links etc) to make it run smoothly, efficiently and give you the best Hidols experience possible. Any third parties linked to our site are independent entities for which the Company has no responsibility whatsoever. When you interact with third parties - you do so at your own risk. The Company is not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each Company Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site.
10. CHANGES TO OUR SITE
1. We may change the Site or service provided to Users through Hidols at any time.
11. TERMINATION AND RESERVATION OF RIGHTS
1. We may cancel your access and/or use of the Site at any time and at our absolute direction. No further notice (or reason) is required.
1. Users will indemnify, defend, and hold harmless Company and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Company Party,” and collectively, “Company Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site (including Hidols Videos). Company may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
13. DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY
1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the Company disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
2. In particular, the Company makes no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the Company will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any Hidols Video, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a Hidols Video, will create any warranty not expressly made by us.
4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any Company Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not Company has been advised of the possibility of such damages.
6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Company from you during the 6 months preceding the claim giving rise to such liability.
7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you.
14. LAW, JURISDICTION AND WAIVER OF CERTAIN RIGHTS
1. Your use of the Site and any dispute of whatever nature between the Company any any party is subject to English law. All disputes will be subject to resolution in the High Court of Justice, London. England.
15. OTHER PROVISIONS
1. Force Majeure: Under no circumstances will the Company be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Company Party.
2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
3. No Waiver or Amendment: The failure by the Company to enforce any right or provision of these Terms will not prevent the Company from enforcing such right or provision in the future and will not be deemed to modify these Terms.
4. Assignment: Company may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
5. Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
16. CHANGES TO THESE TERMS
1. Any revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.
17. ADDITIONAL -TALENT TERMS
1. The Site allows a User to request a personalised message from another User. Let’s call the recipient of that request a “Talent” (who is also a User and bound by these Terms).
2. Uses who wish to access the Site as Talent must make a request to the Company in writing.
3. The Company requires you to provide sufficient promotional materials to advertise a Talent’s ability to produce a Hidols Video within 72 hours of contact between the Talent and the Company
being established. The Company may make additional requests for material from time to time and in its absolute direction.
18. HIDOLS VIDEOS
1. If a Hidols Video request is received you are required to produce and transmit the Hidols Video to the User within 48 hours where reasonably possible.
2. Either way - you must respond to the Hidols Video request. If no response and/or Hidols Video is received within 48 hours the Company has the right to irrevocably withdraw the request and no payment shall be due. Payment is due only upon submission of the Hidols Video to the User through the Site. You may decline a
request or otherwise refuse, in your discretion, to create or upload a Hidols Video if a User’s request is objectionable or otherwise offensive to you. If you accept a request, you agree to record and upload to our Site one Hidols Video.
3. Company retains the right, in its sole discretion, to cancel any request from a User. No payment will be made to you for any declined, cancelled, or unfulfilled Hidols Videos request.
4. Each Hidols Videos will be approximately fourty seconds in duration and will follow the general directions and requests of the User. Your response to the User’s request is your responsibility and at your discretion, subject to these Terms; however, Users are usually happiest when at least the majority of their request is followed by a Talent User.
19. FEES AND PAYMENT
1. Fees: The Company will pay you 80% of the User’s fee actually received by Company for each Hidols Video that you created and delivered to fulfil to a User’s request that you accepted through our Site.
2. Fees and Payment Representations and Warranties: You represent and warrant that: (i) Hidols Videos are not, and are not intended to be, covered by any guild, union, collective bargaining, or similar agreement and there will be no residual or any other type of payment due from Company to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with any Hidols Videos, payment from us to you, or our Site; (ii) Company is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Site; and (iii) Company is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.
3. Payment: You may not use a payment provider other than the one selected by the Company. You will provide the payment provider any information required in order to receive payments via the payment provider. Any payments due to you from the Company will be made via the payment provider. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you. Company will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that the Company does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Company will be responsible for fees, costs, and expenses incurred in connection with the payment provider selected by Company. Unless otherwise agreed by the Company in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if Company, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation. For talent that is outside of The Company reserves the right to make adjustments to any price agreed for listing to account for currency movements in order to be able to deliver expected income to the talent.
4. Currency: Payments via the payment provider are in GBP unless the payment provider permits you to choose another currency and you do so.
20. TALENT CONTENT
1. License Grant to Talent Content: Our Site allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your Hidols Videos (collectively, “Talent Content”). When you upload, submit, store, send, transmit approve, or receive Talent Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes we make so that Talent Content works better with our Site or otherwise), and to use your Talent Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Talent Content may, in Company’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Talent Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Talent Content. You further acknowledge and agree that Company has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by Company as a result of any such advertising).
2. License Grant to Users:
1. For each Hidols Video, you hereby grant to the User a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the Hidols Video, in each case, solely in accordance with the Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).
2. For each Hidols Video, you hereby grant to User and the Company:
a. a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Hidols Video solely on: one website and one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, or Twitter, in each case, wholly-owned, operated, and controlled by the Business; and
b. the right to advertise and promote the display of the Hidols Video on the social media account through advertising only on the applicable social media platform.
3. Right to Remove Hidols Videos: You acknowledge and agree that we cannot restrict the use of your Hidols Videos or other offerings by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove those uses (including from social media channels or third party websites or platforms). If we do seek to remove a Hidols Video from a social media channel or third party website or platform, we may notify you of our intent to do so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the Hidols Video for any reason.
4. Licenses: Please note that the licenses granted in this section are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Talent Content, by us, Users, or third parties, other than the payment set forth above. We may exercise our rights under this license anywhere in the universe. We may sublicense our rights as needed to provide and promote our Site or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the Terms. Finally, the licenses granted in this section are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Site.
5. Talent Content Representations and Warranties: You represent and warrant that:
1. you own all rights in and to your Talent Content (defined below) and that you have the right to grant the rights described in these Terms;
2. you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Talent Content and feedback by us, Users, or third parties (including Recipients) as described in these Terms;
3. your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;
4. your Talent Content does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
5. you will not post or make publicly available any Hidols Video that the User has requested not be posted to your booking page;
6. you will not contact, respond to, or communicate with any User that you meet on or through our Site, except as expressly permitted through our Site.
7. you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;
8. you will not edit, change, modify, or remove the watermark from any Hidols Video or assist or encourage any third party to do so;
9. except for a Hidols Video that you choose to remake (at no additional cost to the User and with no additional payment due from us) if you receive a review of three stars or less, you will not remake any Hidols Video unless asked by us to do so.
6. Treatment of Talent Content: Any Talent Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Talent Content, including any personal information included in that Talent Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Site or submit any Talent Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Talent Content. None of your Talent Content will be subject to any obligation of confidence by us, Users, or third parties (including Recipients), and we will not be liable or responsible for any use or disclosure of any Talent Content.
7. Refusal and Removal of Talent Content: We may refuse to accept or transmit Talent Content for any reason without notice to you. We may remove Talent Content from our Site for any reason without notice to you.
21. BUSINESS RELATIONSHIP WITH COMPANY
1. You and Company agree and declare you and Company are in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of Company, and will not represent yourself as such. As an independent contractor using our platform to provide marketing, artistic, writing, and photography services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms and you acknowledge and agree that we do not control those elements of your performance.
You also retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.
2. You represent and warrant that as between Company and you, as a User and/or Talent, you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for social security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.
3. You will use your own equipment to perform your obligations under these Terms.
4. You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.
5. Your relationship with Company is non-exclusive, meaning that you may provide similar services to third parties, including Company’s competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms.