CelebrityGreetings.PH Terms & Conditions for Celebrities
These Terms & Conditions for Celebrities governs Your use of CelebrityGreetings.PH as provider of personalized video greetings intended for use by the website users who will purchase at CelebrityGreetings.PH or for their chosen recipients.
Any use by You of The Website other than as a Celebrity is governed by the Terms of Use for Browsers & Clients of CelebrityGreetings.PH . Please read these instruments carefully. In submitting to Us a signed Celebrity Information and Participation Form for CelebrityGreetings.PH and a sample personalized CelebrityGreetings.PH Video, You hereby indicate Your acceptance of all provisions in both instruments as well as in the Celebrity Information and Participation Form for CelebrityGreetings.PH.
You hereby warrant that You have read, understand, and agree to be strictly bound by all of these Terms.
Terminologies
For purposes of this Instrument, the following terminologies are used
You, Your(possessive form) : Person signing this instrument who is a Celebrity or Organization
Celebrity: a Person or Group of Persons who has a considerable number of followings either on tv, movies, online or print or because of their chosen profession or sport who are desirous to join CelebrityGreetings.PH as a provider of personalized CelebrityGreetings.PH Video and other future personalized products/services to be offered (Other Offerings) at CelebrityGreetings.PH for browsers and clients of CelebrityGreetings.PH
We, Us, Our(possessive form), CelebrityGreetings.PH Management: the owners, developers, operators, and the Parent Company of CelebrityGreetings.PH
CelebrityGreetings.PH Summary of Orders: Form detailing the Video Orders and Other Offerings Orders You fulfilled within a duration and the Net Amount to be deposited/deposited by Us to Your given account
Charity: an OPTIONAL charitable institution chosen by You to where You would like to donate a percentage of Your earnings from the fulfilled Video Order. The name of this charitable institution will be indicated in The Website
Client, Giver: individual, group or entity who makes a Video Order or Other Offerings Order and makes Video Order Payment or Other Offerings Order Payment
Material Content: text, photos, and other materials You will provide for use to promote Your inclusion at The Website, to be used within or outside of The Website
Organization: a management company, manager, agency, agent, publicist, or other individual or organization
Other Offerings: New or additional product or service ideas which We may develop and which You may, at Your option also provide at a set price.
Other Offerings Material: finished product submitted by You for any Other Offerings Order
Other Offerings Order: ordered Other Offerings by the Client to You
Recipient: individual, group or entity to which The Video/s is dedicated to/ ordered for
Terms & Conditions for Celebrities : Terms and conditions You must agree to prior to signing in as part of CelebrityGreetings.PH and creating any CelebrityGreetings.PH Video
Terms of Use for Browsers & Clients of CelebrityGreetings.PH Terms and conditions browsers & the Client must agree to prior to browsing The Website and ordering a CelebrityGreetings.PH Video or Other Offerings material. You must read, understand, agree to these also prior to signing in as a Celebrity.
The Talent Handler: person, talent agency, talent manager, handler, TV network, movie outfit company or any other similar person/s and entity/ies, who/which has existing Talent Contract with You (as a Celebrity) or a parent or authorized guardian and has the power, capacity, and authority to allow a minor Celebrity to enter business agreements such as these instruments and/or to sign on Your/Celebrity’s behalf
The Video, The Video/s, CelebrityGreetings.ph Video/s: the CelebrityGreetings.ph Video/s You will submit to Us whether for sample purposes or as fulfillment of a Video Order/s
The Website: CelebrityGreetings.PH
These Terms: terms and provisions of Celebrity Information and Participation Form for CelebrityGreetings.PH , Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of CelebrityGreetings.PH
Use of Platform Charge per Video Order: Payment due to Us from You for everyVideo Order from CelebrityGreetings.PH
Video Order: ordered CelebrityGreetings.PH video by the Client to You
Video Order Payment: Amount paid by Client for a Video Order; Amount corresponds to the Video Order Price set by You
Video Order Brief: document sent to You as guide in creating The Video. This includes, among others, the name of the Client, name of the Recipient, the Occasion, a brief description to give You an idea of the suggested content of the spiel to be included in The Video, the Video Order date and the due date by which You should submit (latest) The Video to Us
Video Order Price: the price which You will set for each Video Order
Your Submissions: any Video or Other Offerings samples, The Video, Other Offerings Material, Material Content comments, suggestions, proposals, reviews, feedback, plans, creative ideas, and the like submitted byYou to CelebrityGreetings.PH whether sent online, by email, by any messaging or call platforms, by postal mail, etc…
To participate as a Celebrity who will offer CelebrityGreetings.PH Video and Other Offerings Material at The Website, You have to read, understand, and agree to strictly abide by the provisions, fill out , and sign on all pages of the Celebrity Information and Participation Form for CelebrityGreetings.PH and all pages of the Terms & Conditions for Celebrities and submit to info@ CelebrityGreetings.PH . Terms of Use for Browsers & Clients of CelebrityGreetings.PH is available at CelebrityGreetings.PH . Your submission of the signed Celebrity Information and Participation Form for CelebrityGreetings.PH and Terms & Conditions for Celebrities presupposes that You have read, understand and agree to the Terms of Use for Browsers & Clients of CelebrityGreetings.PH
You hereby agree to provide true, accurate, current, and complete information about Yourself.
By filling up and submitting the signed Celebrity Information and Participation Form for CelebrityGreetings.PH, You agree to be fully bound:
- To all PH Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of CelebrityGreetings.PH
- TERMS & CONDITIONS UPDATES
To any revisions, deletions or additions to any provisions in the Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of CelebrityGreetings.PH unless You formally inform (must be duly received by Us) of Your intent to discontinue participation at CelebrityGreetings.PH . You shall ensure to check The Website and the Terms & Conditions for Celebrities regularly to check any revisions, deletions or additions .
If You do not receive an email from Us confirming receipt of Your intent to discontinue participation at CelebrityGreetings.PH, You are responsible to contact CelebrityGreetings.PH thru other means of communication We provided. You hereby acknowledge that You shall continue to be bound by this instrument up to one (1) week from CelebrityGreetings.PH’s confirmation of having received Your intent. As such, any and all Video Orders within the time period shall be considered as valid Video Orders. You hereby agree that if You do not agree to the revisions, deletions or additions, the one (1) week that You shall continue to be bound by this instrument shall be based on the immediately preceding version which is understood that You have agreed to.
The updated Terms & Conditions for Celebrities shall always be available on the said link. We shall inform You thru any of the contact details provided by You whenever it is updated. You hereby take responsibility to immediately inform Us of any changes in Your contact information. You must ensure that We are part of Your email contacts so that Our messages to You will not go to Your spam folder. You also hereby take responsibility to regularly check the Terms & Conditions for Celebrities for any updates.
Your continued acceptance of Video Orders or Other Offerings Orders presumes that You have read, understand, and agree to any additions, deletions or revisions in the latest updated Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of CelebrityGreetings.PH
- HEADINGS, ORDER, AND GROUPING SO THESE TERMS
Headings, Order and groupings of These Terms are for convenience only. Other similar or related provisions may be located in other sections of These Terms. Likewise, each heading and grouping may include several provisions which discuss various related provisions. You hereby acknowledge and agree that You should read and understand all provisions of These Terms prior to use, making any submission, and/or purchase.
You hereby acknowledge and agree
- VIDEO SAMPLE TO BE PROVIDED BY YOU
To provide, within 3 days from signing of the Celebrity Information and Participation Form for CelebrityGreetings.PH at no cost to Us, a brief profile (optional) and a sample video of at least :15 sec length to let Your fans know that they can order Your CelebrityGreetings.PH Video/s at The Website.
You will have a display page at The Website after You have submitted the completely filled out and signed on all pages of the Celebrity Information and Participation Form for CelebrityGreetings.PH & all pages of the Terms & Conditions for Celebrities, and provided Your sample video.
- GUIDELINES IN CREATING VIDEO, PROCEDURE, LEAD TIME
To create and submit ordered CelebrityGreetings.PH Video/s within 5 days (the sooner the better), with the ff. conditions:
- video duration of at least :30 sec
- shall mention clearly and correctly the Giver’s name, the occasion and the Celebrator’s name
As much as possible, but at no obligation to You, The Video will include spiel of details in the Video Order Brief or will be in the general directions of the details in the Video Order Brief
- selfie videos are allowed provided whole face is seen, video and audio are of good quality. You understand that The Video may be used for large projections for family gatherings or other personal events such as weddings, debuts, birthdays and other occasions.
- singing of Happy Birthday is NOT allowed as the song’s copyright ownership is still being claimed worldwide
- no singing of copyrighted songs, playing of/dancing to copyrighted music, reciting of copyrighted pieces UNLESS You are absolutely sure that YOU are the SOLE owner of the copyright
- no background music to be heard (including any radio, tv, or musical instrument playing)
- no bad comments , racial discrimination, anti government, issue-related comments
- no insinuation or mention of any political biases or inclinations
- if You include an animal in any PH Video, You will cause no harm to the animal and will comply with all applicable laws and regulations
- retention of a copy of The Video for one (1) month after submission to PH; otherwise You commit to redo at no charge.
- YOUR OPTION NOT TO DO THE VIDEO; VIDEO SUBMISSION DEADLINE; REQUEST TO PROVIDE MORE LEAD TIME
To immediately inform CelebrityGreetings.PH within 48 hours from Your receipt of a Video Order in case You do not want to do or will be unable to fulfill a Video Order. If the reason is due to scheduling constraints, You shall inform CelebrityGreetings.PH if You will be able to do The Video at a day sometime soon so CelebrityGreetings.PH can check with Client if he/she is willing to wait.
If You do not submit The Video within five (5) days, CelebrityGreetings.PH shall construe that You are declining the Video Order and We shall cancel the Client’s Video Order. If You need a little more time, You shall contact CelebrityGreetings.PH before the five (5) days production lead time has elapsed so CelebrityGreetings.PH can check if Client is amenable. If CelebrityGreetings.PH does not hear from You within the five (5) days or during an extension period agreed upon, the Video Order will be cancelled automatically.
- ERRONEOUS OR POOR QUALITY CELEBRITYGREETINGS.PH VIDEO/S
To redo The Video in case of erroneous details or poor quality such as but not limited to the following: hazy, dark or unfocused video, too loud, too soft or garbled audio, mispronounced names or occasions, wrong names or occasions, details not in the Video Order Brief which may render The Video inapplicable to Giver or Recipient or that which violates any of the above conditions Revised video must be submitted within 2 days from Our advise about the issue of The Video. This revised video shall be at no charge to Us, the Client or the Recipient.
No payment will be made to You for any declined, cancelled, or unfulfilled, Video Orders, or any late, erroneous or poor quality Videos, or Videos which violate any of the above conditions.
- VIDEO ORDER PRICE TO BE SET BY YOU
USE OF PLATFORM CHARGE PER VIDEO ORDER BASED ON VIDEO ORDER PRICE YOU WILL SET; OTHER TERMS & COSTS (if any) YOU NEED TO CONSIDER BEFORE SETTING YOUR VIDEO PRICE (see also all other provisions on These Terms)
To set the Video Order Price taking into consideration the following Use of Platform Charge per Video Order (depending on the Video Price You will set), as well as the other conditions detailed in letters B-E of this provision.
- Cash payment based on the following Video Order Price tier: *please refer to Celebrity Information and Participation Form for CelebrityGreetings.PH
*Video Order Price in between the brackets shall be charged the next higher Use of Platform Charge
**any and all taxes due to any government agencies shall be filed and paid by You
To simplify transactions, You hereby authorize CelebrityGreetings.PH to deduct the applicable Use of Platform Charge payment due to Us from each Video Order Payment made by Client. Net payment due to You shall be deposited by CelebrityGreetings.PH every 10th and 25th of each month for The Video/s you submit during the period (except for those needed to be redone, if any). Computation as evidenced by the CelebrityGreetings.PH Summary of Orders will be sent to You thru the Viber, email or messenger details You provided in the Celebrity Information and Participation Form for CelebrityGreetings.PH. You are responsible to check within 5 days, the accuracy and completeness of the transactions in the Summary as well as Your receipt of the deposit to Your bank account as detailed in the Celebrity Information and Participation Form for CelebrityGreetings.PH. You shall immediately inform Us or any discrepancies or lack in the deposit amount. You hereby acknowledge and agree that if We do not hear from You within 5 days, it will be construed that everything is correct and payment has been completely made for the indicated period.
You hereby assume the responsibility that the above provided bank account where payment will be deposited to is correct accurate and updated. We shall not be responsible for any type of direct or indirect damages, delays, losses, or liabilities arising out of or in connection with Your failure to receive payments as a result of bank information which is erroneous or not updated. Our deposit to Your last given account is considered a deposit to You.
You also acknowledge and agree that We do not operate, own, or control any of the online or offline payment providers We delegate. Your use of any payment provider is subject to the terms and privacy policies of said payment provider. You hereby acknowledge and agree that We are not responsible for any delay, failure, damage, or liability caused by any payment provider, any other third party, force majeure, or Your failure to timely or properly set up an account with any online payment provider, or to provide complete information or requirements for any offline payment provider.
- Royalty-free, unlimited, sublicensable, perpetual, license to reproduce, post, distribute, edit, include in compilations, etc… any and all of the video samples, The Video/s, and Material Content You will submit to CelebrityGreetings.PH . You hereby acknowledge and agree that Our uses will be for the purposes of operating, improving, advertising, marketing and promoting The Website and to entice the general public to browse & be a Client at The Website.
You acknowledge that all of The Video/s, Other Offerings materials and the Material Content You will submit to Us including its original and edited version (if any) form will be for general public viewing except when Client requests otherwise.
You acknowledge and agree that We may edit, boost, and display advertising with or in connection with any of The Video/s, Other Offerings Material/s, Material Content, as well as any compilation materials these will be included in. You further acknowledge and agree that We have no obligation to make any payment nor share any revenue to You in connection with any advertising displayed on any of The Video/s, Other Offerings Material/s, Material Content, or any compilations.
- For You to allow us to include the CelebrityGreetings.PH logo or watermark on all of the submitted Material Content, Other Offerings Material/s and The Video/s.. Insertion shall be made by Us at our discretion.
You will not edit, change, modify, or remove the CelebrityGreetings.PH logo or watermark or assist or make any third party to do so whenever present.
- For you to pay promptly and in full, at Your account, any and all fees, royalties, Talent Handler/ Talent Agency/ TV Network/ Production Company commissions, employer fees or any other payments which are due or that may become due to any talent agencies, managers, handlers, tv networks, production companies, composers, artists, or any 3rd parties in connection with any and all uses of any of The Video/s , Material Content, Other Offerings Material/s by Us, the Client, the Recipient, or any third parties (including Our marketing and advertising arms) for the purpose of promoting The Website and its products/services.
- To be responsible for any and all timely filings and prompt and complete payments of all taxes and any other governmental fees related to any and all paid transactions for The Video/s and all other paid Other Offerings Material/s You may offer thru The Website in the future. This includes all vat, withholding taxes, Your income taxes or any other taxes and governmental fees in relation to the materialized Video Orders and Other Offerings Orders.
- PRICE CHANGES
You acknowledge that You can change the Video Order Price at anytime by informing Us in writing, emailed to
info@ CelebrityGreetings.PH . You acknowledge that You should call Us for follow-up if receipt of email is not received within 3 days. Price change will be reflected at the latest 7 days after.
You acknowledge and agree that We can change Use of Platform Charge Per Video and payment procedures & terms at any time applicable as early as on the next Video Order after due notice to You.
For all Video Orders and Other Offerings Orders, You acknowledge and agree, and where applicable, shall ensure the following:
- THE VIDEO/S ARE FOR THE GENERAL PUBLIC EXPOSURE EXCEPT UPON CLIENT REQUEST
You warrant that You have no expectation of privacy with respect to any CelebrityGreetings.PH Video You submit. You are fully aware that The Video is generally for public display and sharing purposes of Client, at Client’s discretion.
As You are of the knowledge that in almost all cases, The Video or Other Offerings materials will be non-confidential and essentially for public sharing, You warrant that The Video or Other Offerings Material shall not contain or include any information which You do not have the right to make public or that You do not want to make public. CelebrityGreetings.PH shall not be responsible or liable for any use, display or disclosure.
If Client requests that The Video or Other Offerings Material be confidential (as will be stated in the Video Order Brief), You will not post or make publicly available The (specific) Video. If Video Order Brief does not have any such note, You may publicly post, with proper acknowledgement or tagging to CelebrityGreetings.PH. Alternatively, You may also request a copy with the CelebrityGreetings.PH logo or watermark from us.
-
CONTACTING CLIENT DIRECTLY
You will not contact, respond to, or communicate directly with any browser or Client that You meet on or through The Website with regards to any CelebrityGreetings.PH Video or Other Offerings Orders, except as expressly permitted through The Website.
- INFRINGEMENT OF OTHER PEOPLE’S RIGHTS
You shall ensure that all Your Submissions do not infringe, any intellectual property, privacy, publicity, moral, or other rights of any third party/ies, or violate any laws, regulations, or court orders.
You agree that Your Submissions will not violate any right of any third-party, including any intellectual property, copyright, trademark, privacy, personality or other moral or other legal rights. You further agree that Your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of Your Submissions. You are solely responsible for Your Submissions and their accuracy. We take no responsibility and assume no liability for Your Submissions posted by You or any third-party.
- YOUR GRANT OF LICENSE TO US FOR USE OF SAMPLES, THE VIDEO/S, OTHER OFFERINGS MATERIALS, AND MATERIAL CONTENT
You hereby certify that all licenses and uses of all samples, The Video/s and Other Offerings Materials You are granting herein to Us, as described in this instrument are considered fully-paid and royalty free, meaning We do not owe You anything in connection with the use, editing, display, reproduction, distribution and posting of The Video, Other Offerings Material, or Material Content by Us, and including Our advertising, posting with advertising materials, and editing of The Video, Other Offerings Material, or Material Content other than the payment of the Video Order Price less the Use of Platform Charge per Video Order set forth above.
When You submit The Video or any Other Offerings material, You grant Us a non-exclusive, royalty-free, fully paid (meaning We do not owe You anything in connection with the use aside from the net Video Order Price) unlimited sublicensable (through multiple tiers of sublicenses), perpetual (meaning that the rights granted to Us under these licenses continue even after termination of this Agreement)., 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 display, create derivative works of and to use these for the purposes of operating The Website, to develop and improve The Website’s products and services, and to advertise, market, and promote The Website, and the products and services available thereon.
You agree that The Video or Other Offerings materials may, at Our sole discretion, be used or displayed by Us with any other elements or materials. You agree that the use or display may be for advertising and marketing purposes. You further acknowledge and agree that We have no obligation to You in connection with any advertising displayed on or in connection with The Website (including no obligation to share any revenue received by Us a result of any such advertising).
Furthermore, You acknowledge and agree that We may edit, include in compilation, and publicly display portions or the whole of any CelebrityGreetings.PH Video or Other Offerings Material for sample or marketing purposes of The Website or the products and services offered at The Website.
- YOUR GRANT OF LICENSE TO CLIENT, RECIPIENT FOR USE OF THE VIDEO AND OTHER OFFERINGS MATERIALS
To allow Client and Recipient to use, reproduce, distribute, publicly display, post, upload and share The Video, and Other Offerings Materials.
You hereby certify that all licenses and uses of The Video and Other Offerings provided herein by You to the Client, and the Recipient (including third parties who may share and forward) are considered fully-paid and royalty free, meaning CelebrityGreetings.PH does not owe You anything in connection with the use, editing, display, reproduction, distribution, public display, posting, uploading, and sharing of The Video or Other Offerings by Us, Client, Recipient, or any other third parties other than the payment of the Video Order Price from Client less the Use of Platform Charge per Video Order set forth above.
While CelebrityGreetings.PH details in the Terms of Use for Browsers & Clients of CelebrityGreetingsPH that use by Client, Recipient, or any third party they share The Video or Other Offerings materials to, are for personal use only, You acknowledge and agree that it is impossible for Us to monitor use of The Video and of the Other Offerings by the Client, the Recipient or by any third party with whom The Video will be shared to and also to enforce strict compliance to the limitations of use of The Video or Other Offerings to those indicated at The Website.
You acknowledge and agree that We have no obligation to remove those uses (on any media, websites or platforms ). You further acknowledge and agree that CelebrityGreetings.PH will also not be responsible if Client will edit or use other than intended.
You shall immediately notify Us if You learn that that The Video is being used by Client in violation of the Terms of Use for Browsers & Clients of CelebrityGreetings.PH . If You decide to pursue legal action against Client, We will reasonably cooperate with Your efforts to address the violation. However, You acknowledge and agree that any legal action shall be for Your own account. We can, at our sole option take legal action, but are not in any way obliged to do so. CelebrityGreetings.PH shall not be liable for any damages, losses, costs, expenses, or liabilities related to use of The Video for any reason, including if the use exceeds the licenses We gave them.
-
INFRINGEMENT OF YOUR RIGHTS
If You believe Your rights have been infringed in any of the materials at The Website or in any of our marketing and advertising materials, releases, photos, videos, etc…, please send us the following information so we can discuss with our legal team the issue and remove asap if We see the merits to the claim. Please message us immediately thru our contact numbers or email. Indicate Your name, address, cellphone number, and email address, as well as the Copyright Owner’s (if different from You, and if available, a link or photo and description of the work that You claim is being infringed and a link or photo and a description of the material that You claim is infringing, Your valid proof of ownership to the material being infringed, or if it is a third party who owns the material, valid proof of his/her ownership and, if applicable, a duly signed letter appointing You to be his/her duly authorized representative.
If we deem that the claim is valid, We shall warn the browser, Client, Celebrity, or any other third party who submitted the material and/or, at our sole discretion, terminate his/her use of The Website, and remove the material immediately.
Any claims on the use of any CelebrityGreetings.PH Video/s, Material Content, or Other Offerings Material by Us is hereby acknowledged to be invalid, as by signing these Terms, you give is the right to use the materials, including for marketing and advertising of CelebrityGreetings.PH purposes.
In your signing of Celebrity Information and Participation Form for CelebrityGreetings.PH you hereby acknowledge and agree to these indemnifications:
- INDEMNITIES (See also other sections for other indemnities); CHOICE OF COUNSEL FOR INDEMNITIES
To indemnify, defend, and hold Us, Our Parent Company, affiliates, contractors, and employees, free and harmless from and against any and all of the following claims by You or any third party:
- Any direct or indirect personal or financial damages, losses, costs, expenses, or liabilities (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature to You or other third parties arising from or in connection with Your entering into this Agreement, fulfilling these Terms and doing business with Us through this Agreement and inclusion in The Website. You acknowledge and agree that by signing These Terms and fulfilling the provisions herein, including but not limited to providing ph Video/s and Other Offerings is at Your own risk.
- Any indirect, special, incidental, punitive, or consequential damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature to You or other third parties in connection with Your entering into this Agreement, fulfilling these Terms and doing business with Us through this Agreement and inclusion in The Website.
- Any damages, losses, costs, expenses, or liabilities (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) to any pertinent talent agencies, managers, tv networks, production companies or other third parties arising for failure on Your part to inform them and seek written approval prior to signing this Agreement.
- Any damages, losses, costs, expenses, or liabilities (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) to any pertinent talent agencies, managers, tv networks, production companies or other third parties arising from Your failure to pay promptly and in full, at Your account, any and all fees, royalties, commissions, employer fees or any other payments which are due to them in connection with any and all uses of any of The Video/s, Material Content, and Other Offerings Materials by Us, the Client, the Recipient, or any third parties (including CelebrityGreetings.PH marketing and advertising arms) for the purpose of promoting The Website and its products/services.
- Any damages, including any indirect, special, incidental, punitive, or consequential damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, losses, costs, expenses, or liabilities to any third party/ies in connection with Your non fulfillment or breach of These Terms or the documents they incorporate by reference
- Any damages, including any indirect, special, incidental, punitive, or consequential damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, losses, costs, expenses, or liabilities to any third party/ies in connection with Your violation of any laws, regulations or the rights of a third-party/ies.
- Any damages, including any indirect, special, incidental, punitive, or consequential damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, losses, costs, expenses, or liabilities to any third party/ies in connection with content of any of Your sample videos, The Video, Material Content, and Other Offerings Material You will submit to Us whether for advertising purposes or for fulfillment of Client’s order. This includes but not limited to damages, and liabilities to copyright owners, patent owners, composers, artists, production houses, recording studios, tv networks and the like.
- Any damages, including any indirect, special, incidental, punitive, or consequential damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, losses, costs, expenses, or liabilities to any third party/ies with regards to privacy issues.
- Any damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, losses, costs, expenses, or liabilities to You or to any third party/ies related to use of The Video, Material Content, or any Other Offerings Material by the Client, Recipient or any other third parties.
You acknowledge and agree that We do not have the responsibility to monitor the use by the Client, the Recipient or any third parties of The Video, Material Content, or Other Offerings Material.
You also acknowledge and agree that We have no obligation to remove any use by Client, Recipient or third parties.
You also acknowledge and agree that We will not be held liable if Client, Recipient, or any other third parties will edit The Video or use other than as intended
- Any damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, loses, costs, expenses, or liabilities due to Your fault, negligence, misconduct, fraud or any act, or the fault, negligence, misconduct, fraudulent behavior or act of any third party/ies acting on Your behalf.
- Any damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, loses, costs, expenses, or liabilities due to any disputes You may have with any browsers or The Client of The Website whether or not arising directly or indirectly from use of The Website, any Video Order, or any Other Offerings Order.
- Any damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, losses, costs, expenses, or liabilities caused by any action or inaction by You or anyone acting on Your behalf;
- Any damages (including but not limited to personal injury or death, loss of income, damage to image, and reasonable attorneys’ fees and costs) of any kind or nature, losses, costs, expenses, or liabilities caused by any Charity You will include as (partial or full) beneficiary of Your earnings at PH
- Any direct or indirect personal or financial damages, losses, costs, expenses, or liabilities (including but not limited to personal injury or death, loss of income, damage to image, reasonable attorneys’ fees and costs) of any kind or nature to You or other third parties arising from or in connection with any of the ff:
- Any content or the use of any content posted or shared at or through The Website.
- Any errors, or inaccuracies, incompleteness of content or any advertising material (whether inside The Website or in various media)
- Any downloads You make at or from The Website
- Any unauthorized access to The Website and its servers and data
- Any interruption of transmission to or from The Website
- Any bugs, viruses, and the like which may be transmitted through The Website
- Any direct or indirect personal or financial damages, losses, costs, expenses, or liabilities (including but not limited to personal injury or death, loss of income, damage to image, reasonable attorneys’ fees and costs) of any kind or nature to You or other third parties arising from Our use , disclosure, display, editing, including in a compilation of The Video, Other Offerings materials, any of Your Submissions in relation to CelebrityGreetings.PH
CelebrityGreetings.PH may, at its sole option, select counsel and control the defense of any claim that You are indemnifying Us. Fees of said counsel shall be for Your account. You will reasonably cooperate with Us in connection with any claim.
The following provisions also apply and are to be strictly adhered to:
- AUTHENTICITY OF YOUR INFORMATION AND REPRESENTATIONS
You hereby warrant to the authenticity and completeness of the information You filled up in the Celebrity Information and Participation Form for CelebrityGreetings.PH
You warrant that You are not impersonating and shall not impersonate any third party at any time.
-
YOUR SUBMISSIONS (The Video, Other Offering Materials, comments, suggestions, proposals, reviews, feedback, plans, creative ideas, and the like)
We want to avoid the possibility of misunderstandings if an idea being developed by Us, might seem similar to ideas, suggestions, and material submitted to Us by You or by any third party. Thus, You hereby acknowledge and agree that if, at our request, You send Your Submissions or without a request from us You send You Submissions, we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any of Your Submissions. You acknowledge and agree that any of Your Submissions in the form of works of art, literary pieces, any text, ideas, marketing strategies, photographs, etc,... shall become our property without remuneration of any kind to You, except if We expressly offered any in writing prior to Your submission. You give Us the right to edit, put in with any compilation, advertise, and publicly display any part or in whole, Your Submissions.
We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments or respond to any comments.
You shall not submit anything that is, or that incites or encourages, action that is, explicitly or implicitly illegal, racist, derogatory, harmful to any reputation, abusive, harassing, hateful, pornographic, indecent, or otherwise objectionable.
We may, but under no obligation to, monitor, edit or remove Your Submissions and other content that We, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s privacy or intellectual property, or These Terms.
You acknowledge and agree that We may refuse to accept and publish any sample or Material Content from You for any reason without notice to You.
We reserve the right to remove from The Website or any marketing material or releases, any of Your Submissions at any time without notice to You. We shall determine, at our sole discretion if Your Submissions violate any of These Terms.
- OUR BUSINESS RELATIONSHIP
You hereby acknowledge that in offering Your personalized CelebrityGreetings.PH Video at The Website, You and CelebrityGreetings.PH (Us) are transacting on a solely independent contractor relationship. You are not Our joint venturer, franchisee, partner, agent, or employee. We are not in any sort of way managing You as a talent.
You understand that We are not an agency working on commission. You understand that We are engaged in an independent business offering a platform for getting You personalized Video Orders.
As an independent contractor using Our platform to provide The Video and Other Offerings materials, You are solely and exclusively responsible for determining the manner, method, details, and means of Your performance for The Video and Other Offerings Material.
You also retain the option to accept or decline any Video Order.
You acknowledge and fully understand that CelebrityGreetings.PH is a platform You offer personalized greetings on. The fixed payment/booking based on the Use of Platform Charge You are paying to Us is for use of The Website so You can get Video Orders and Other Offerings Orders from The Client.
- DATA, INFORMATION, FUNCTIONALITIES, FEATURES, UPDATES, THIRD PARTY TOOLS, LOGIN OPTIONS AT THE WEBSITE
Occasionally there may be information on The Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, lead times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in The Website or on any related website is inaccurate at any time without prior notice (including after Client has submitted his order).
We undertake no obligation to update, amend or clarify information at The Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied at The Website, should be taken to indicate that all information at The Website or on any related website has been modified or updated.
We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.
You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
Any use by You of optional tools offered through The Website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider/s.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to These Terms.
Certain content, products and services available at The Website may include materials from third-parties.
Third-party links at The Website may direct You to third-party websites that are independent from and not affiliated with CelebrityGreetings.PH. Any third party link does not mean that We endorse or are affiliated with them. We are not responsible for examining or evaluating the content, timeliness, or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We will not liable for any harm or damages related to any transactions made in connection with any third-party websites. You must review carefully the third-party website's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party websites’ products /services should be directed to the third-party.
You hereby release us 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 interactions at The Website whether direct interactions or thru Us,
When a login option at The Website is available for You, You shall be responsible for the confidentiality and privacy of Your own account. You shall immediately inform CelebrityGreetings.PH of any unauthorized access to or use of Your account.
You hereby indemnify and hold Us free and harmless from any type of direct or indirect damages, losses, or liabilities related to any unauthorized access to or use of Your account at The Website.
- YOUR RESPONSIBILITIES WITH REGARDS TO YOUR EXISTING AND FUTURE TALENT AGENCY, TALENT MANAGER, HANDLER, TV NETWORK, MOVIE OUTFIT, COMPANIES WHERE YOU HAVE ENDORSEMENTS OR OTHER SIMILAR PERSONS AND ENTITY/IES
You are responsible to inform and seek the permission of any pertinent Talent Agency, Talent Manager, Handler, TV Network, Movie Outfit, Companies where you have endorsements, or any other similar person/s and entity/ies, who should be made aware of Your entering into this Agreement with Us.
As stated in a preceding provision above, You shall be responsible, at Your own account, to make timely payment to all Talent Agency, Talent Manager, Handler, TV Network, Movie Outfit, Client, or any other similar person/s and entity/ies where applicable.
You warrant that You have gotten all necessary written permissions from all Talent Agency, Talent Manager, Handler, TV Network, Movie Outfit, Client, or any other similar person/s and entity/ies about Your entering into this Agreement with Us and have informed and made clear to any and all of these third parties that all payments due these parties are to be paid by You and for Your account.
You shall not enter into this Agreement with Us if These Terms violate any existing Contracts You have with any third party/ies including, but not limited to any talent agency, talent manager, talent handler, TV network, movie outfit, customers, or any other similar person/s and entity/ies,
You are responsible to inform any future talent agency, talent manager, talent handler, TV network, movie outfit, customers, or any other similar person/s and entity/ies You will enter into a contract with regarding CelebrityGreetings.PH and These Terms, if necessary.
As stated in other section/s of these Terms You shall indemnify and hold Us free and harmless from Your failure to inform, seek written approval, and to make timely payments to any or all of these third parties.
You warrant that We are not responsible for, and will not make any deduction to payments made to You, and You shall not make any payments to Us for any fees, commissions or payments of any kind to or with respect to any third party, including but not limited to any talent agency, talent manager, handler, TV network, movie outfit, Celebrity’s customers, government agencies, or any other similar person/s and entity/ies in connection with any revenue earned by or payments made to You in connection with The Website.
You are solely responsible for making prompt disclosure required by any applicable laws, regulations, court order or any agreement You may have with any third parties regarding Your signing of the Celebrity Information and Participation Form for CelebrityGreetings.PH , Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of CelebrityGreetings.PH and participation to CelebrityGreetings.PH
-
GOVERNMENTAL FEES/TAXES (See also other provisions in These Terms)
CelebrityGreetings.PH shall not be responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, annuities, or pension payments required by law or any labor union, or any withholding or income taxes.
- OTHER UNFORESEEN ISSUES
For any unforeseen issues (in relation to Your entering into this Agreement, Your inclusion at CelebrityGreetings.PH, Your use of The Website, Your creating, submission or non-submission, or collecting for any CelebrityGreetings.PH Video or any Other Offerings Material, Our advertising, marketing, display, use, reproduction, and distribution of The Video, Your Submissions, or Other Offerings Material, Client’s use or display of any ordered items, or any other issues in any way related to CelebrityGreetings.PH) which may arise and cannot be covered by all other indemnity provisions in These Terms, if any, You hereby acknowledge and agree that total cumulative liability to You or any third party under These Terms, if any, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Us from You during the fifteen (15) days immediately preceding the claim giving rise to such liability.
If there be any other unforeseen issues (in relation to Your entering into this Agreement, Your inclusion at CelebrityGreetings.PH, Your use of The Website, Your creating, submission or non-submission, or collecting for any CelebrityGreetings.ph Video or any Other Offerings Material, Our advertising, marketing, display, use, reproduction, and distribution of The Video, Your Submissions, or Other Offerings Material, Client’s use or display of any ordered items, or any other issues in any way related to CelebrityGreetings.PH) which may arise and cannot be covered by any of the indemnifications in These Terms, including the immediately preceding paragraph, if any, You hereby waive any and all of Your other rights for any damages, losses, costs, expenses, or liabilities including but not limited to loss of money or income, personal injury or death, property damage, reasonable attorneys’ fees of any kind or nature arising from or in connection with the said other unforeseen issues not covered by the other provisions.
-
OTHER CONDITIONS PERTAINING TO INDEMNITY & CONFIDENTIALITY CLAUSES
For all provisions regarding indemnities accorded to Us, “Us” shall, aside from the owners, developers, and operators of CelebrityGreetings.PH, shall extend to also include affiliates, contractors, employees and interns.
That Indemnification & Confidentiality clauses of this Agreement as well as of the Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of CelebrityGreetings.PH will survive the termination of Your being part of CelebrityGreetings.PH
- YOUR ACCEPTANCE OF OUR LIMITATIONS OF DAMAGES AND LIABILITIES AS PREREQUISITE TO INCLUSION AT CELEBRITYGREETINGS.PH
You hereby acknowledge and agree that Your acceptance of the limitations of damages and liabilities accorded to Us detailed throughout this Terms & Conditions for Celebrities ,at the Terms of Use for Browsers & Clients of CelebrityGreetings.PH , and those which may be contained in future updates of These Terms is a prerequisite in Your inclusion as a Celebrity at CelebrityGreetings.PH and as provider of The Video and Other Offerings at The Website.
- CHARITY INSTITUTION BENEFICIARY (Optional)
If You indicated a Charity institution at the Celebrity Information and Participation Form for CelebrityGreetings.PH ,You shall be responsible to validate authenticity and good standing of the Charity and to remit to them on Your own, the committed percentage of Your earnings net of the Use of Platform Charge per Video Order collected by Us. You warrant that You have informed said Charity that their company will be identified as a beneficiary of Your net earnings at CelebrityGreetings.PH and You shall ensure prompt remittances of any committed donations..
You hereby acknowledge and agree that We have the right, in Our sole discretion to reject or discontinue display of Your chosen Charity at any time.
You shall promptly inform Us
- if the Charity ceases to operate or ceases to be in good standing
- if the Charity changes contact details, and provide Us the new contact information
- if You wish to discontinue donation
- ORGANIZATION REGISTERING FOR CELEBRITY
An Organization may register for participation of a Celebrity at CelebrityGreeting.PH by signing the Celebrity Information and Participation Form for CelebrityGreetings.PH
By registering, the Organization represents and warrants for itself and each Celebrity the Organization intends to participate that:
- Organization is the authorized representative of the Celebrity or the parent or legal guardian of a minor Celebrity
- Organization and Celebrity all read, understand, acknowledge, agree, and shall strictly abide by all provisions of Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of PH
- Together with the Celebrity, Organization hereby also assumes all responsibilities of Celebrity in the Terms & Conditions for Celebrities and Terms of Use for Browsers & Clients of PH
- Organization is responsible for complying with all applicable laws and regulations relating to affiliated Celebrity’s participation to CelebrityGreetings.PH under These Terms and will fully indemnify Us for any failure to do so.
- TERMINATION
You acknowledge and agree that We can terminate Your inclusion in The Website at any time. You acknowledge and agree that termination by You can also be done at anytime subject to the provisions in other sections of These Terms.
- DISPUTES, OTHER CLAIMS (See also other related provisions)
You also hereby agree to strictly abide by the ff. terms:
- To resolve any disputes between You and PH (Us) through arbitration related to your participation at CelebrityGreetings.PH and These Terms.
- That with respect to any Claim, You will not act as a class representative or any similar capacity; nor participate as a member of a class of claimants.
- You also acknowledge and agree that the following are true and binding:
- It is Your responsibility to read, understand and agree to the Terms of Use for Browsers & Clients of PH . You acknowledge and fully understand that the Terms of Use for Browsers & Clients of CelebrityGreetings.PH are the rules set by Us primarily for the browsers of The Website as well as The Client who will make Video Orders, but which You should be aware of and agree to being the provider of The Video and Other Offerings Material.
You fully understand and agree that We are not obligated to enforce these rules & regulations, but can do so at our option..
- You fully understand and agree that if there be any provision/s in the most updated version of the Terms & Conditions for Celebrities contradictory to any provision/s of the most updated version of the Terms of Use for Browsers & Clients of PH , for this Agreement between You (as a Celebrity) and Us, the provision/s in the most updated version of the Terms & Conditions for Celebrities shall prevail.
You acknowledge, understand and agree that the Terms of Use for Browsers & Clients of CelebrityGreetings.PH is primarily intended for the Client as well as browsers of The Website. You acknowledge, understand and agree that certain provisions of the Terms of Use for Browsers & Clients of CelebrityGreetings.PH are stricter versions of those in the Terms & Conditions for Celebrities (for example, lead times and use inclusions) with generally the protection and harmony of You, the Client and Us in mind.
- OWNERSHIP OF RIGHTS, TITLES, AND INTERESTS
We own all rights, titles, and interests in and to:
- CelebrityGreetings.PH Website, including all software, ideas, processes, data, text, media, and other content available therein
- CelebrityGreetings.PH’s logos, and brand elements
- CelebrityGreetings.PH’s Material Content
- CelebrityGreetings.PH’s advertising and marketing platforms and materials
- GENERAL TERMS
WAIVER OF RIGHTS
If We do not exercise or enforce any right or provision of These Terms, it shall not constitute a waiver of such right or provision. We retain the right to exercise or enforce any right or provision of These Terms now or in the future.
No waiver of rights on any provision of These Terms will be effective or enforceable unless put into writing signed by the party waiving such a right. Such a waiver will not waive or affect any other provisions.
OFFER WHERE PROHIBITED
Any offer made on The Website is void where prohibited.
USE OF SINGULAR/PLURAL
Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular herein shall apply to such words when used in the plural where the context so permits and vice versa.
USE OF THE TERM “INCLUDING”
The term “including” in in this instrument will be interpreted broadly and will mean “including, without limitation.
FORCE MAJEURE
In no event will We be responsible or liable for any failure or delay in the performance of any of its obligations arising out of or caused by, directly or indirectly, forces beyond Our control, including, without limitation, acts of God (earthquakes, floods, etc…), strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, and other fortuitous events or causes beyond Our reasonable control.
UNLAWFUL PROVISIONS
If any portion of These Terms is found to be unlawful, invalid or unenforceable, that specific provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, or if this is not possible, that specific provision will be modified to give effect to the original intent of the provision or, if modification is also not possible, will be severed and the remainder of the provisions will continue in full force and effect.
AMBIGUOUS PROVISIONS
Any ambiguities in the interpretation of These Terms shall not be construed against the drafting party.
TRANSFER OF RIGHTS
We may, at any time and at our sole discretion, assign, sell, transfer our rights and obligations to CelebrityGreetings.PH
PROPER COURTS
This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any disputes shall be settled through arbitration in the City of Valenzuela. Court proceedings, if necessary to elevate from arbitration, shall also be in the Courts of Valenzuela.
OTHERS
No other provisions or commitments from Us other than those indicated herein, whether communicated by Us orally or in prior writing shall form part of the Agreement except for the latest updated version of the Terms of Use for Browsers & Clients of CelebrityGreetings.PH and the individual Video Order Brief and Other Offerings Brief which form part of this instrument.
You warrant that You have not been prohibited from using or accessing any aspect of The Website.
To be noted by Talent Handler:
I am the authorized Talent Handler/ Talent Manager of Celebrity and confirm that Celebrity’s entering into this Agreement and signing The Celebrity Information and Participation Form for CelebrityGreetings.PH will not violate any other existing contract/s Celebrity has with me or with any talent agency, talent manager, handler, TV network, movie outfit, any Celebrity’s customers, or any other third party/ies.