Sizzleisland: Legal Agreement: Contributors and Customers

 

The Sizzleisland Company Limited owns and operates the Website, Sizzleisland.com, (referred interchangeably throughout this Sizzleisland: Legal Agreement: Contributors and Customers web page, and Sizzleisland.com website (and other related material) as: “Sizzleisland”; “The Sizzleisland Company Limited” and/or “Sizzleisland.com”) in which artistic content (including, but not limited to feature length films, film trailers, documentaries, short films, animated feature length films, animated film shorts, spoken word videos, television productions and music videos), collectively referred to herein as “artistic content”, or “content”, is uploaded by artists, including, but not limited to, Filmmakers, Television Producers, Spoken Word Artists, Musicians, Singers and Songwriters (herein referred to as “Contributor(s)”), with the intent of being accessed, streamed or viewed by fans/donors/viewers/audiences (herein referred to as “Customer(s)”).  Contributors are eligible for receiving monthly (or quarterly) payments when they become monthly-paying members of Sizzleisland.com, and Customers donate to them.  Customers can also earn funding through Sizzleisland’s Crowdfunding feature.

The following Terms of Service (“Legal Agreement: Contributors and Customers”) is a legally binding, non-exclusive agreement between the Contributor, the Customer and Sizzleisland.

 

Carefully read the following Legal Agreement: Contributors and Customers to ensure that its contents are fully understood. This Legal Agreement: Contributors and Customers both details and controls key information pertaining to the operations of the Sizzleisland Website and/or Mobile Application, including, but not limited to, the Contributor’s and the Customer’s legal relationship with Sizzleisland; the rights the Contributor is granting to Sizzleisland in any artistic content, and/or any other media, together with any associated keywords, metadata and/or titles submitted (by the Contributor and Customer) to Sizzleisland; and the uses Sizzleisland may make of the content.

1. Overview

a) Any artistic content submitted by the Contributor to Sizzleisland, and accepted by Sizzleisland, grants Sizzleisland a global, non-exclusive right and license to advertise and market, publicly showcase and/or display said content on platforms, included, but not limited to, the Sizzleisland.com website and Sizzleisland’s social media pages.

The Sizzleisland service, and any content viewed/streamed by the Customer on Sizzleisland is for the Customer’s personal and non-commercial use only.  Through the Customer’s use of the Sizzleisland service, Sizzleisland grants the Customer a limited, non-exclusive, non-transferable right to access the Sizzleisland service and to view the Website and/or Mobile Application’s artistic content.  Except for the foregoing, no right, title nor interest shall be transferred to the Customer.

b) The Contributor and Customer grant Sizzleisland a global, non-exclusive right to use his/her name, display name and artistic content with respect to Sizzleisland’s marketing and promotional activities, without the payment of any compensation to either the Contributor and/or Customer. Sizzleisland, in the exercise of its discretion, may refrain from any, or all, of the foregoing without any liability to the Contributor and/or Customer.

c) Sizzleisland shall have the right, but not the obligation, to license all artistic content to its Customers for use in accordance with license agreements entered into by Sizzleisland, including but not limited to Sizzleisland’s Terms of Service (collectively, “The Agreements”).

d) You must be at least 18 years of age to become either a Contributor and/or Customer of Sizzleisland. Minors may only use the service under the supervision of their parent or legal guardian.

e) Sizzleisland’s artistic content is not available for download. Downloading any Sizzleisland artistic content is explicitly considered a material breach to this Terms of Service.

 

2. Artistic Content

a) Sizzleisland has the right to remove, and the right to refuse to accept artistic content from/for the Sizzleisland Website and/or Mobile Application for any reason, based on Sizzleisland’s sole discretion.  Sizzleisland’s right to remove and right to refuse policy is final and undebatable.  Sizzleisland will remove artistic content if Sizzleisland deems that such artistic content, or such Contributor(s), may (in Sizzleisland’s sole discretion) subject Sizzleisland or any of its officers, including, but not limited to, managers, directors or employees, to legal action, or if the artistic content and/or Contributor(s) violate(s) the Legal Agreement: Contributors and Customers. Notwithstanding the foregoing, and subject to Sizzleisland’s discretion, artistic content removed by the Contributor or opted to be removed by the Contributor for any reason may be available for license to those Customers that previously viewed, and/or accessed the artistic content for a period of ninety (90) days.

b) Sizzleisland shall use fair and reasonable efforts, (but will not be obligated), to cause artistic content removed from or opted out from the Sizzleisland Website and/or Mobile Application to be removed from the websites and/or mobile applications of any Sizzleisland affiliates or partners (including co-branded websites and/or mobile applications) within ninety (90) days of the removal of the subject Content from the Sizzleisland Website and/or Mobile Application.

c) Licenses issued by Sizzleisland for any artistic content that is later removed from the Sizzleisland Website and/or Mobile Application will remain in full force and effect.

d) Sizzleisland may advertise and/or market the Contributor’s artistic content on social media platforms including, but not limited to, Facebook, Instagram, Twitter, What’s App, and similar websites and the (mobile and/or other) applications related thereto.

e) Customers agree not to reproduce, archive, modify, display, distribute, perform, license, publish, create derivative works from, offer for sale, or use content and information contained on or derived from or through the Sizzleisland service. Contributors agree to this clause as it pertains to the content of other Contributors posted to the Sizzleisland.com Website and/or Mobile Application.

f) Contributors and Customers agree not to remove, alter, circumvent, deactivate, thwart or degrade any of the content protections in the Sizzleisland service. Contributors and Customers agree not to use any scraper, spider, robot, or any other automated means to access the Sizzleisland service. Contributors and Customers agree not to reverse engineer, decompile or disassemble any software or any other products or processes accessible through Sizzleisland; nor to insert any product or code or thwart or manipulate the content of Sizzleisland in any way.  Contributors and Customers agree not to use any data gathering, data mining or extraction method.  Contributors and Customers agree not to upload, email, post, or otherwise transmit or send any material designed to destroy, interrupt or limit the functionality of any software, hardware or any telecommunications equipment associated with Sizzleisland, including, but not limited to any software viruses or any other computer code, programmes and/or files.  The use of the Sizzleisland service will be terminated for any Contributor and/or Customer who violate(s) these terms and/or any Contributor and/or Customer who are engage in any fraudulent and/or illegal use of the Sizzleisland service.

3. Ownership of Artistic Content

a) The copyrights in all artistic content remain with the copyright owner, and not with Sizzleisland.

4. Copyright Infringement Claims

a) The Contributor expressly grants Sizzleisland the right and authority to take such steps as Sizzleisland deems commercially fit and reasonable to protect Sizzleisland’s rights in the artistic content.

b) In the event that the Contributor deems that artistic content has been misused in any way, the Contributor shall take no action without providing written notice of such misuse directly to Sizzleisland and receiving Sizzleisland’s prior written consent to such action.

c) While Sizzleisland takes commercially reasonable steps to ensure that the rights of the Contributors who supply artistic content to Sizzleisland are not violated by Customers, or other parties, Sizzleisland has no obligation to pursue legal action against any alleged infringer of any of the Contributors’ rights in and to any artistic content.

d) By submitting any artistic content to Sizzleisland, the Contributor expressly affirms that he/she has the full legal authority and rights to submit/upload said artistic content to Sizzleisland’s website, (Sizzleisland.com), and/or Sizzleisland’s Mobile Application.

e) The Contributor and Customer, and any other (including, but not limited to) individual, organisation or party, hereby agree that Sizzleisland will not be held liable in any way, should any copyright infringement, and/or any intellectual property violation claims, or any claims of this nature, be brought forward by anyone, including, but limited to, any individual(s), group and/or entity or organisation against any video artistic content being showed on Sizzleisland.com. The Contributor and Customer, and any other (including, but not limited to) individual, organisation or party, agree that Sizzleisland will be fully indemnified against any and all such claims and/or allegations, and the Contributor and Customer, and any other (including, but not limited to) individual, organisation or party, agree that any and all such matters arising will be dealt with expressly between the Contributor of said artistic content and the alleging-party, and not Sizzleisland.

5. Accounts

a) The Contributor agrees to provide factual, true and complete information pertaining to his/her Sizzleisland Contributor account, as well as the artistic content he/she submits. This includes, but is not limited to, information relating to the date, location and equipment used in connection with the creation of the Content.

b) Sizzleisland has the right to refuse the establishment of an account, or to close any existing account, for intellectual property infringement, fraud, violation of a third party’s rights including those of privacy or publicity, submission of material that is regarded by the management of Sizzleisland to be obscene, of extreme violence and/or pornographic in nature or which may be construed as defamatory by the management of Sizzleisland, as well as failure to comply with Sizzleisland’s Terms of Service, as may be amended from time to time, for convenience, and for any breach of the terms of this or any other agreement that the Contributor and Customer have with Sizzleisland.

c) Once the Contributor and/or Customer open a Sizzleisland account, the Contributor and/or Customer give their consent to Sizzleisland’s Privacy Policy, which governs and covers Sizzleisland’s collection, processing, storage and transfer of the artistic content and data submitted by the Contributor and/or Customer, including data relating to the Contributor and/or Customer, the Contributor’s and/or Customers’ accounts, the Contributor’s and/or Customer’s Content or other information related to the foregoing (“Personal Data”). The Contributor and/or Customer agree that his/her Personal Data may be collected, processed, stored, and transferred to jurisdictions other than the Contributor’s and/or Customer’s home jurisdiction.

d) Sizzleisland will shut down the Contributor’s and/or Customer’s account(s) no later than ninety (90) days following its receipt of a written request from the Contributor and/or Customer. To clarify, with regard to the Contributor: before the closure of the Contributor’s account is made effective by Sizzleisland, the Contributor’s artistic content will remain available for license by Sizzleisland’s Customers. Please be advised that in the event that Sizzleisland materially modifies the Legal Agreement: Contributors and Customers and does not provide the Contributor with prior notice, the Contributor may terminate his/her account within thirty (30) days of the effective date of such modifications.

e) If the Contributor’s and/or Customer’s account(s) is/are terminated for any reason, the Contributor and/or Customer must obtain written authorisation from Sizzleisland before establishing another account.

f) The Contributor and/or Customer may not have more than one active account at any time without the written consent of Sizzleisland in each instance.

g) The Contributor may not submit identical artistic content to more than one account without the prior written consent of Sizzleisland.

6. Compensation, Billings and Cancellation.

a).

  1. Contributors are eligible for payment in three ways.  The first is when Customers donate to them on a recurring basis.  The second way in which Contributors can earn payments is when Customers donate to them on a one-off basis.  The third way is when Customers earn funding through Sizzleisland’s Crowdfunding feature.  To qualify for payments, Contributors must register as monthly-paying members of Sizzleisland.
  2. Sizzleisland pays the donated funds to Contributors via PayPal.  The monetary equivalent of the donated funds is given via Amazon Gift cards for Contributors who do not have PayPal accounts.
  3. Payments of the donated funds to Contributors from Sizzleisland will be made either monthly or quarterly based on the discretion of the Management of Sizzleisland.
  4. With each donation transaction, Sizzleisland retains a 5% service fee.  PayPal also retains a standard rate fee of 4.9% + US$0.30 (per transaction) for accounts from Automatic Transfer Countries.  See PayPal.com for further details.
  5. Payments to Customers who have acquired funds via the Crowdfunding campaign platform will be remitted via PayPal.

b) If the Contributor’s account is shut down for a breach of the material terms of the Legal Agreement: Contributors and Customers, in addition to its other rights at law or in equity, Sizzleisland shall have the right to retain any payment and/or other compensation otherwise payable to the Contributor hereunder as liquidated damages.

c) The Contributor may not use the Sizzleisland service as a means of transferring his/her artistic content to a single Customer or to a small number of Customers. Such activity constitutes a direct and material breach of the Legal Agreement: Contributors and Customers. If the Contributor engages in such activity, Sizzleisland may exercise all rights it has hereunder, including but not limited to, the termination of the Contributor’s account and/or retaining any accrued but unpaid payment(s).

d) If Sizzleisland overpays the Contributor in any compensation for any reason, Sizzleisland shall have the right to deduct the amount of such over-payment from the Contributor’s accrued payments, or to require from the Contributor the immediate repayment of such overpaid payments.

e) Payments are made to Contributors either via PayPal (for PayPal customers only); or the monetary equivalent will be made available to Contributors via Amazon Gift Cards (for non PayPal customers).

f) To use the Sizzleisland service, Customers and/or Contributors must provide valid payment methods, which the Customers and/or Contributors can update at any time. Following any update, Customers and/or Contributors give Sizzleisland the authorisation to continue to charge the applicable payment method. If a payment is not successfully settled with Sizzleisland, due to the reasons including, but not limited to, the expiration of the Customers’ and/or Contributors’  credit cards; insufficient funds on Customers’ and/or Contributors’  credit cards etc., and the Customers and/or Contributors do not cancel their accounts, Sizzleisland reserves the right to suspend the Customers’ and/or Contributors’ accounts until valid payment methods have been charged.

g) Based on PayPal’s service, certain fees may be charged to the Customer. Sizzleisland advises that Customers check PayPal.com for details on all applicable charges.

7. Taxes

a) The Contributor/Customer is responsible for paying his/her tax(es) in accordance with the laws of the country of which said Contributor/Customer is a citizen.

8. Sizzleisland Trademarks

a) This section applies to Customers, Contributors and general users of the Sizzeisland Website and/or Mobile Application (hereinafter referred to as “Users”) except where otherwise specified.

b) For the purposes of this Legal Agreement: Contributors and Customers, the term, “Trademark(s)” encompasses all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Sizzleisland.

c) Nothing contained herein grants, nor shall be interpreted nor construed to grant, the Contributors, Customers and/or any other Users of the Sizzleisland.com Website and/or Mobile Application any rights to use any Sizzleisland Trademarks.

d) The Contributors, Customers and/or any other Users agree that he/she will not use Sizzleisland’s Trademarks in any manner that might destroy, tarnish, disparage, or reflect adversely on such Trademarks or Sizzleisland. The Contributors, Customers and/or any other Users also agree that he/she will not contest nor otherwise challenge (e.g., in any legal action or otherwise), nor assist or encourage any other person or entity to contest or challenge, the validity of any of Sizzleisland Trademarks or the Trademark rights claimed by Sizzleisland.

e) Contributors, Customers and/or any other Users of the Sizzleisland.com Website and/or Mobile Application give their consent that they will not use any Sizzleisland Trademarks, nor any variation thereof (including misspellings) as a domain name, nor as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.

f) Contributors, Customers and/or any other Users of the Sizzleisland.com Website and/or Mobile Application may not at any time, adopt or use, without Sizzleisland’s prior written consent, any word or mark which is similar to or likely to be confused with Sizzleisland’s Trademarks.

g) The appearance (look and feel) of the Sizzleisland Website and/or Mobile Application, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Sizzleisland and may not be copied, imitated or used, in whole or in part, without the prior written consent of Sizzleisland.

h) Contributors, Customers and/or any other Users of the Sizzleisland.com Website and/or Mobile Application may not frame nor hotlink to the Sizzleisland Website and/or Mobile Application, nor to any item of Content, without the prior written consent from Sizzleisland.

i) All rights in and to Sizzleisland’s Trademarks which are not expressly granted to the Contributor, Customer and/or any other User of the Sizzleisland.com Website and/or Mobile Application hereunder, are reserved by Sizzleisland.

9. Representations and Warranties

The Contributor and Customer represent, consent and warrant that:

a) he/she has the full right, power and authority to enter into this agreement and to fully perform all of his/her obligations hereunder;

b) he/she is under no legal disability nor contractual restriction that prevents him/her from entering into this agreement;

c) the artistic content submitted by the Contributor, and all parts thereof, are owned and/or controlled by the Contributor, are unencumbered and original works, and are capable of copyright protection in all countries where copyright or similar protection is available. Sizzleisland will not be held liable in any manner whatsoever if any claims are brought forward against any Contributor, Customer and/or artistic content for any reason, including, but not limited to, copyright infringement and intellectual property infringement;

d) he/she is at least 18 years of age; persons under the age of 18 must use this website under the supervision of their parent or legal guardian.

e) if the artistic content contains sound recordings, music and/or lyrics, the Contributor owns or has acquired all rights to use such sound recordings, music and/or lyrics from the owner of the copyright in such sound recordings, music and/or lyrics.

f) if the content consists in whole or in part of audio-visual elements, and/or design elements including, but not limited to, fonts, clipart, sprites, vectors, brush tools etc., the end user license agreement, terms of service or the equivalent license held by the Contributor permits him/her to incorporate such elements in artistic content created by the Contributor, and to license such artistic content to Sizzleisland for the purposes set forth herein.

g) the artistic content is neither obscene, pornographic nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights as well as the rights of privacy and publicity.

h) there is no suit action nor claim or other legal or administrative proceeding now pending nor threatened which might directly or indirectly affect the artistic content or which might in any way impair the rights granted by the Contributor hereunder; and;

i) the Contributor and/or Customer will not transmit unsolicited emails nor will the Contributor and/or Customer engage in any “spamming” to publicise or promote his/her relationship with Sizzleisland, or the sale of the Contributor’s artistic content – nor will the Contributor and/or Customer use Sizzleisland’s Trademarks through the use of search engine advertising and/or any form of marketing.

The Contributor and/or Customer agree and acknowledge that such advertising and/or marketing might infringe on the intellectual property rights of Sizzleisland and/or third parties.

Sizzleisland represents and warrants that:

j) it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and;

k) upon making and/or learning of any claim that is inconsistent with any of the warranties or representations made by the Contributor and/or Customer, Sizzleisland may send the Contributor and/or Customer written notice of such claim, using the email address provided by the Contributor and/or Customer to Sizzleisland, specifying the details of the claim as (then) known to Sizzleisland.

10. Confidentiality

a) Through the submission of any artistic content to Sizzleisland, the Contributor acknowledges that he/she will acquire certain confidential and proprietary information, including but not limited to payment rates and earnings data (collectively, “Confidential Information”). The Contributor consents to keep any and all Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.

See Sizzleisland’s Privacy Policy, for further details on the collection, use, and disclosure of our Contributor’s and Customer’s personal information.

11. Indemnification

a) The Contributor and Customer consent to fully indemnify and to hold Sizzleisland, including, but not limited to, its subsidiaries, affiliates, directors, officers, managers and employees, entirely harmless from and against any and all claims, losses, damages, costs and expenses (which include reasonable attorneys’ fees and disbursements) which arise out of any breach, or claimed breach, of any of the Contributor’s and/or Customer’s representations or warranties or any of the Contributor’s and/or Customer’s obligations under this Legal Agreement: Contributors and Customers.

12. Miscellaneous

a) Please be advised that the relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise nor agency created hereby between the parties.

b) The Legal Agreement: Contributors and Customers contains the full understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter.

c) The validity, interpretation as well as the enforcement of the Legal Agreement: Contributors and Customers, along with matters arising out of, or related to the Legal Agreement: Contributors and Customers or its making, performance or breach, and related matters shall be governed by the internal laws of the Republic of Trinidad and Tobago (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of the Legal Agreement: Contributors and Customers, matters arising out of or related to this Legal Agreement: Contributors and Customers or its making, performance or breach, or related matters shall be brought exclusively in the courts of the Republic of Trinidad and Tobago, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.

d) In the event that any individual term of the Legal Agreement: Contributors and Customers is deemed to be invalid, or unenforceable by any legal or regulatory body of competent jurisdiction, such finding(s) will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the Legal Agreement: Contributors and Customers, so that the Legal Agreement: Contributors and Customers shall otherwise remain in full force and effect. The Legal Agreement: Contributors and Customers shall be deemed binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest and permitted assigns.

e) Sizzleisland will not be held liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of the Contributor’s artistic content or the termination of the Contributor’s and/or Customer’s Account(s).

f) Sizzleisland reserves the right to modify this Legal Agreement: Contributors and Customers at any time. The Contributor and/or Customer agree to be bound by all such changes. If the Contributor and/or Customer do not agree with any of the changes, please remove from Sizzleisland, pursuant to the terms herein, all or that portion of the Contributor’s artistic content to which the Contributor does not wish the changes to apply.

g) In the event that the Contributor and/or Customer is in breach of any the terms of this or any other agreement with Sizzleisland, Sizzleisland has the right to shut down the Contributor’s and/or Customer’s account(s) without further notice, in addition to Sizzleisland’s other rights at law and/or equity.

h) It is expressly understood and agreed upon that this Legal Agreement: Contributors and Customers is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Legal Agreement: Contributors and Customers as to third parties.

Once the Contributor and/or Customer submit any content to Sizzleisland, the Contributor and/or Customer agree to be bound by this Legal Agreement: Contributors and Customers, and any subsequent updates; as well as Sizzleisland’s Terms of Service and Sizzleisland’s Privacy Policy, both of which are deemed incorporated herein by this reference.

 

 

Updated: November 17, 2019.