Terms and Conditions
Last Updated: April 15, 2021
This Site Terms of Service Agreement (“Terms”) governs your use of the klieg marketplace platform offered by Kliegtech Philippines, Inc., doing business as klieg (“we”, “us”, or “klieg”), including our website (klieg.ph) (hereinafter, referred to as our “Site”). “You” refers to you as a user of the Site.
These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy. Your use of our Site as a Talent User (defined below) is governed by the Talent Terms of Service. (“Talent Terms”).
PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.
MEDIATION NOTICE: Section 18 of these Terms contains provisions governing how claims that you and klieg have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms.
Section 1. klieg marketplace
By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.
Section 2. klieg videos
- Through our Site, you may obtain personalized videos (“kliegs”) from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “Talent User”). You may submit a request to a Talent User for a klieg video that is personalized for you or a third party that you identify as a recipient (“Recipient”).
- You acknowledge and agree that the Talent User has sole discretion to determine how to fulfill your request and the content of the klieg video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Talent User has up to seven days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled, your payment method will be charged the amount specified on the Talent User’s booking page on our Site at the time you submitted the request.
- klieg videos are licensed, not sold. You are buying the right (or license) to use it, not the actual klieg video itself.
- Subject to your payment in full, the Talent User hereby grants to you the following limited rights to use the klieg video solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that klieg video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
- You may not sell, re-sell, or encumber your rights in any klieg video. You may sublicense your rights in a klieg video only to the extent necessary for you to use the klieg video as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above.)
- You may use a klieg video only in accordance with these Terms, which includes our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a klieg video from our Site at any time for any reason without any notice to you.
Section 3. User/Recipient Obligations
You acknowledge and agree that:
- klieg will not be liable or responsible for any klieg video or other offering requested by you or any Submission (defined below) you make;
- You have no expectation of privacy with respect to any klieg video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
- The klieg watermark on each klieg video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any klieg video or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a klieg video or assist or encourage any third party to do so;
- if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any klieg video, or other offering under these Terms terminates and you must: promptly remove all copies of any klieg video, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
- Without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Talent User; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in klieg’s sole discretion, including terminating your license to use any klieg video or other offering under these Terms and requiring you to take the actions outlined in Section 3.4.
- Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.
Section 4. Eligibility
- Age: You must be at least 18 years old to use our Site.
- Eligibility Representations and Warranties: You represent and warrant that:
- You have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
- You will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
- You (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
- You are not a convicted sex offender.
Section 5. Export Control
You may not use, export, import, or transfer any part of our Site except as authorized by Philippine law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country sanctioned by the US Treasury; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List; (iii) any country sanctioned by the United Nations Security Council; (iv) or to anyone individual sanctioned by the United Nations Security Council.
By using our Site, you represent and warrant that: (i) you are not located in a country that is subject to a United States of America Government embargo or that has been designated by the United States of America Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government or UN Security Council list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by klieg are subject to the export control laws and regulations of the Republic of the Philippines. You will comply with those laws and regulations and will not, without prior authorization, export, re-export, or transfer klieg products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
Section 6. Fees and Payment
- Fees: The fee for a klieg video or other offering is specified on the Talent User’s booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise, including any applicable service, transaction, or processing fees.
- Currency: All transactions are in Philippine Pesos (“PHP”) unless otherwise specified at point of purchase.
If the Talent User declines to fulfill your order for whatever reason, the amount will be refunded to you within seven (7) business days, subject to the your issuing bank’s or e-wallet provider’s internal rules for reflecting refunds.
- klieg reserves the right (but is under no obligation) to cancel your klieg video request if: (a) your payment method is declined; or (b) you have previously been banned or removed from our Site for any reason. klieg also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
- If you have a question about a purchase made on the App or a charge to your payment card, please contact us at email@example.com We have the sole discretion to determine how billing disputes between us will be resolved.
Section 7. Ownership
- You acknowledge and agree that each klieg video or other offering from a Talent User is owned by the Talent User who created it.
- You hereby 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 platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (a) any request (video, text, or otherwise) that you make or send to any Talent User, including information concerning any Recipient; and (b) any submission that you make to klieg, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (c) own all rights to any Submission; or (d) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. klieg will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
- We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
- klieg desires to avoid the possibility of future misunderstandings if a project developed by any klieg Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that klieg has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to klieg 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, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
Section 8. Copyright and Intellectual Property Policy
- We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:
a. Your address, telephone number, and email address;
b. A description of the work that you claim is being infringed;
c. A description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
d. A statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
e. An electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
f. A statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Kliegtech Philippines, Inc.
11 Brixton Street
Brgy. Kapitolyo, Pasig City
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
- Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.
Section 10. Privacy
Section 11. Third Party Content and Interactions
- Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of klieg, including klieg videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Talent Users, found on or through our Site are solely between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Talent User except as expressly permitted through our Site. You also agree that klieg may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with klieg if it does so. You acknowledge and agree that we are 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 klieg 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.
- From time to time, an entity may be identified on a Talent User’s booking page or be associated with the Talent User elsewhere on our Site as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, the Talent User’s booking page may indicate that all or a portion of the Talent User’s revenue from a klieg video will be given to the Charity. Those arrangements are strictly between the Talent User and the Charity. klieg is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by klieg). Unless expressly stated, klieg does not control and makes no warranties about the Charity or any donation to the Charity.
Section 13. Links
Section 14. Changes to our Site
You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you
Section 15. Termination and Reservation of Rights
You may cancel your Site account at any time by contacting a member of the klieg team at firstname.lastname@example.org. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.
Section 16. Indemnification
You agree to indemnify, defend, and hold harmless klieg and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “klieg Party,” and collectively, “klieg 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. klieg 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.
Section 17. Disclaimers and Limitations on our Liability
- 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 klieg Parties disclaim 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.
- In particular, the klieg Parties make 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 klieg Parties will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury, property damage, or other harm resulting from your access to or use of our Site; (c) any unauthorized access to or use of our servers, any personal information, or user data; (d) any interruption of transmission to or from our Site; (e) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (f) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
- You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any klieg 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 klieg video, will create any warranty not expressly made by us.
- You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that klieg 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 any klieg Party with respect thereto.
- To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any klieg 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 klieg has been advised of the possibility of such damages.
- 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 klieg from you during the 12 months preceding the claim giving rise to such liability.
- 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.
Section 18. Other Provisions
- Force Majeure: Under no circumstances will any klieg Party 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 klieg Party.
- Venue and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the courts of Makati City. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
- 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.
- No Waiver or Amendment: The failure by klieg to enforce any right or provision of these Terms will not prevent klieg from enforcing such right or provision in the future and will not be deemed to modify these Terms.
- Assignment: klieg 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.
- 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.
Section 19. Changes to these Terms
We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The 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.