Terms of Use. User Agreement

Welcome to Zijit!

Zijit Pty Ltd ACN 643 787 517 Zijit™ owns and operates this website platform (Website Platform and mobile App Service).

Updated Terms - Effective October 2021

Our mission is to create a comprehensive database for the multiple genres within the Creative Industries. Via an app and a web platform, Zijit will connect the world’s creative community and facilitate opportunities to be discovered, get more work and make more money.

Our services are designed to promote our Members, assist with marketing and encourage economic opportunity by enabling you and millions of other creatives to market your services.

Be known for WHO you are and WHAT you do.

On the Website platform, you can network, meet, exchange ideas, learn, and find opportunities, upload and tag yourself to existing and newly created projects, and be included in a common creative community of colleagues and the List of Credits.

Via the App, you are discovered directly from the projects you contribute to, by way of the “Clickable List of Credits”.

Your access to and use of this Website Platform and the products and services offered within, including the mobile / cell phone application known as Zijit™ (App Service) is subject to the following terms, conditions and notices (Terms).

By using the Website Platform and App Service, you are agreeing to comply with and be bound by the Terms herein.

We have a zero-tolerance policy towards people who steal Zijit™ content and concepts to publish elsewhere under their own name.

Zijit™ may modify these Terms at any time without notice or liability by posting new terms on this page.

By continuing to use the site after new terms are posted, you agree to accept those changes, whether or not you have reviewed them.

Nothing in these terms of use shall be deemed to deprive you of any non-waivable statutory consumer rights that may still apply to your use of this service.

The App Service operates to allow individuals and business entities (known as Contributors) to be identified by their name and their creative skill.

The Digital Media incorporates video, audio, images, logos, animation, creative skills and various roles associated with the generation and production of the content.

Digital Media also includes contributions by actors, voice actors, creative agencies, animators, sound engineers, videographers, Creative Directors, etc. (Contributor).

The Digital Media created, tagged and published through the Website Platform and App Service, gives attribution, identification, recognition and credit where it is due to the contributor.

Users (you) can use, enjoy and share our website and app, it is to assist you to market your services, whether you are in the creative field, or a business promoting your services through advertising.

Please do not copy information from Zijit™ to republish elsewhere under your own name unless you have written permission to do so.

Thank you! You may share the content on social media platforms provided it is content you are associated with and tagged as a contributor.

The Zijit™ logo must be used in accordance with trademark guidelines at all times.

1. Access to Website Platform and App Service

1.1 Is subject to your compliance with these Terms:

(1) You consent to all of these terms when you use our Services. Our Privacy Policy, which discusses how we collect, use, share, and store your personal information, is also applicable to your usage of our Services.

You agree that by clicking "Subscribe," "Join Now," "Sign Up" or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Zijit™ whether you are acting on behalf of a business or not.

If you do not accept this agreement (the "User Agreement" or the "Terms of Use"), please do not click to “Subscribe” (or similar) and do not access or use any of our Services.

If you want to terminate this contract, you may do so at any time by closing your account and no longer using our app, platform or any of our services.

The Terms of Use applies to Zijit.com, Zijit-branded apps, and other services that describe themselves as being available under this Contract (“Services”), including the offsite collection of data for those Services. Our Members are "Registered Users," while our Visitors are "Unregistered Users."

(2) the App Service and Website Platform is available for you to:

(a) create a user profile

(b) add profile pictures, images, demos of existing projects, links to Zijitized Media and links to external web pages, including social media profiles.

(d) tag yourself - Name & Skill - as a Contributor in a project;

(e) view other Digital Media/projects and details of other Contributors.

(f) invite other contributors to associate with content and contribute their own.

Zijit™

You are entering into this Contract with Zijit™ (also referred to as "Zijit" “we” and “us”).

We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.

You are entering into this Contract with Australian registered Zijit Pty Ltd.

Zijit Pty Ltd will be the controller of your personal data provided to or collected by or for, or processed in connection with our Services.

This User Agreement applies to Members and Visitors.

This Privacy Policy applies to the collection, use, and sharing of your personal data as a Visitor or Member of our Services (which includes other documents referenced in the Privacy Policy).

Members and Visitors.

If you subscribe to the Zijit Services, you become a Member. If you don't want to register for our services, you may still use certain components as a "Visitor."

Members are people who hold an account. You promise to:

(1) use a secure password and keep it private;

(2) not transfer any part of your account (such as connections), and

(3) obey the law and our list of Dos and Don'ts, as well as Professional Community Policies. You are solely responsible for anything that happens through your account.

1.2 We reserve the right to withdraw your access to the Website or Service or amend the Website or Service without notice. We won't be held responsible if this Website or the Service is unavailable for any reason. We may occasionally limit access to specific sections, or the whole of this Website Platform or App Service.

1.3 You are responsible for making all arrangements necessary for you to have access to this Website Platform and App Service.

1.4 You promise that you will not use this Website Platform or the App Service in any manner that is unlawful or prohibited by law.

2. Links

2.1 This Website may contain links to external linked websites, which are not operated by Zijit.

2.2 Zijit is not responsible for the content of external sites, or any loss or damage that may occur as a result of your use.

2.3 Your use of external sites will be subject to their applicable terms.

2.4 You may link to Zijit's homepage as long as you do so in a fair and legal manner that does not defame or exploit our reputation, and you must not construct a connection in such a way as to imply any form of relationship, approval, or endorsement on our part where none exists.

The Zijit Website Platform should not be framed on any other site, and you are prohibited from creating a link to any portion of it except for the home page. We retain the right to withdraw linking permission at any time.

3. Uploading of Digital Media to the Website Platform and App Service

3.1 You may upload Digital Media to the App Service and Website Platform for the purposes of tagging and identifying yourself as a Contributor to the project.

3.2 You may also invite other Contributors to the project - to add their Name & Skills to the uploaded Digital Media.

3.3 If you upload Digital Media, or provide information associated with the Digital Media, you guarantee truthfully that:

(1) You are considered to be a contributing artist/creator/talent/skill in the Digital Media;

(2) You must also acknowledge that it is your work and that you have not waived your Moral Rights in connection with it;

(3) The Digital Media or information provided by you is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(4) You must not create a false identity on Zijit, misrepresent your identity, skillset or contributing role, or attempt to use or hack another Member’s account;

(5) The Digital Media or information you supplied does not:

(a) infringe on the intellectual property rights of others, such as trademarks, service marks, or company names (whether registered or unregistered), confidential information, or copyright;

(b) contravene any laws or regulations of the Commonwealth of Australia, or any state or territory thereof, including but not limited to the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law, as well as other parliaments competent to legislate in relation to this Website or any law in any country where Digital Media is produced.

3.4 If you falsely attribute yourself as a Contributor to a Digital Media, then:

(1) you will have breached these Terms; and

(2) Zijit will terminate your subscription and block you from accessing all Platform functions and App Services. All content and information supplied by you will be permanently removed from the Website Platform and App Service.

4. The use of intellectual property

4.1 By uploading Digital Media you grant Zijit a worldwide licence to:

(1) reproduce and use the Intellectual Property, in further marketing of the Digital Media and in promotion of the greater Creative Community as part of the Website Platform and App Service, to the full extent permitted by law in any jurisdiction in which the Website Platform and/or App Service is available to users; and

(2) grant sub-licences to others ( in the creative community and associated with the Digital Media ) on the same terms as granted to us.

You retain ownership of the Digital Media. By sharing the Digital Media via Zijit (and any Third Party Application and/or Sites), you grant us copyright release and a non-exclusive license to it. We require such a license release in order to provide certain Zijit (and any Third Party Applications and/or Sites) functionality.

By sharing Digital Media within Zijit (and any Third Party Application and/or Sites) you warrant that you are a contributor to the Digital Media shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.

You agree that Zijit does not consent to and is not responsible for the Digital Media submitted within the App Service or via the Website Platform.

If your User Contribution is in violation of these Terms, you will be held responsible.

5. Removal of information

5.1 We may remove any material or information, including but not limited to links to other websites on the internet, at any time without giving a reason or justification for removing the material or information in relation to the Digital Media content posted on the Website or made available through the Service.

6. Limit of liability

6.1 You agree that Zijit and its agents, employees, and executives are not responsible for any expenditures, losses or injuries of any kind that you might incur as a result of your use of the Website or Service. This includes:

(1) in relation to or in connection with any Digital Media or information supplied on the Website Platform or App Service; and

(2) as a result of the removal of Digital Media or information from the Website Platform or App Service;

(3) you do not have permission to use the Website Platform or App Service to interfere with or disrupt other Users' enjoyment of it. You are also not allowed to create profiles for individuals who do not wish to have their Name & Skill associated or included in the Zijit List of Credits.

7. Indemnity

7.1 You indemnify Zijit and keep it and its officials, employees, and agents indemnified from and against any loss (including reasonable legal costs and expenses) or liability incurred by the Indemnified as a result of any person's claim, demand, suit, action or proceeding.

Zijit is indemnified where such loss or liability arose out of, in connection with or in respect of:

(1) any breach of these Terms by you; and

(2) distribution or publication of the Digital Media or information you have supplied.

8. Intellectual property rights

8.1 The intellectual property of Zijit Pty Ltd includes the names, logos, icons, brand names, service names, concepts and ideas that identify the owner and operator of the App Service and Website Platform.

8.2 All other trademarks on this Website Platform or shown via the App Service are the property of their respective owners. You must obtain written permission from the owner before any copyrighted material that is published on this Website Platform or displayed via the App Service can be reused.

When a trademark or brand name is used to refer to a product or service, it is solely for the purpose of describing or identifying those items and has no implication that Zijit endorses or is connected with them.

8.3 Unauthorised use of the materials appearing on this Website Platform or via the App Service may result in penalties and/or legal action against you if you violate copyright, trademark and other property rights or legal protections.

8.4 The Zijit name, logo, designs, text and images are all intellectual property of Zijit. Except where expressly specified to the contrary, no persons (including their names or photographs), third party trademarks or content, services or locations are associated with this website or service.

9. Use of Website Platform & App Service

9.1 The Website Platform or App Services, may be used for the purposes of:

(1) uploading Digital Media to associate and identify yourself as a Contributor to the content;

(2) identifying yourself as a Contributor to other Digital Media;

(3) viewing contributing artists uploaded Digital Media;

(4) collaborating and networking with other Contributing artists.

(5) identifying, casting and hiring Creative talent.

9.2 You must not remove any copyright and trademark notices from the material you are contributing to the Website Platform or App Service, nor may you infringe on any Intellectual Property rights in connection with it.

9.3 You may not modify or copy:

(1) the layout of the Website Platform or the layout of the App Service; or

(2) any computer software and code contained in the App Service or Website Platform.

9.4 We reserve all rights, including but not limited to, copyright of the material on the App Service and Website Platform.

9.5 The material provided on the App, Website and related Services may not be re-sold.

10. Disclaimer.

10.1 We are providing the App Service and Website Platform to individuals and businesses so that they may post Digital Media content and information. Zijit does not assume the responsibility of care for users.

We are not in the business of offering professional advice and make no warranty, guarantee, or representation about the truthfulness, accuracy, timeliness, or otherwise of the data on our Website Platform, App Service, or Linked Sites on the internet.

10.2 As permitted by law, we exclude and refute any and all warranties, expressed or implied, including but not limited to:

(1) We will not be responsible for any information on the Website, or in connection with its use.

(2) The App Service, Website Platform and each Linked Site are provided "as-is." You assume sole responsibility for your use of the Website Platform, the App Service, or any linked sites.

10.3 We will not be held responsible in any way for any loss of revenue or other damage of the sort recognised by the law as a result of your:

(1) fraudulent, deceptive, or unethical practices; and any information discovered on the Website, the Service, or any linked websites that are false (deceitful), misleading (unethical), or improper in any manner; and any actions taken by you in response to such information.

(2) the failure of your computer, software program, or hardware to operate in conjunction with the Website, Service, or any linked sites is not our fault.

(3) the functions contained in any software contained on the Website or the Service will operate uninterrupted or are error-free; and

(4) errors and defects in the Website or the Service will be corrected.

10.4 We are not liable to you for:

(1) errors or omissions, delays to, interruptions of or cessation of the services provided in the Website Platform, App Service, or Linked sites; and

(2) defamatory, offensive or illegal conduct of any user of the Website Platform or the App Service;

(3) whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

10.6 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website Platform or App Service.

11. Premium Services

11.1 You agree to pay us the correct monthly or yearly subscription fees and taxes for the paid Services if you purchase any of our Premium Services. If you don't pay these charges, your access to premium privileges will be terminated and your subscription will revert to a non-paying status.

11.2 You also agree that:

It’s also important to note that, depending on the type of purchase you make, there may be various international exchange costs or price variances based on location (e.g., currency fluctuations).

11.3 If you buy a subscription, your payment method will be charged at the beginning of each subscription term for fees and taxes applicable to that period. To prevent any future payments, cancel before the renewal date arrives.

11.4 All of your purchases of Services are subject to Zijit’s refund policy

12. Termination of access

12.1 Zijit has the right to terminate your access to the Website or Service at any moment without giving a reason or pretext for doing so, and we are not responsible for any expenses, losses, or damages of any kind that may result from such termination.

13. Intellectual property, software and content

13.1 All intellectual property in all software and content (including photographs, images and digital data) and associated concepts made available to you on or via this App Service and Website Platform is the property of Zijit, its owners, licensors, and creators, and is safeguarded by copyright laws and treaties all over the world.

13.2 All such rights are reserved by Zijit™ and its licensors.

14. Disclaimer of liability

14.1 Under Australian consumer law, the goods and services offered on this Website Platform or App Service are provided without guarantees, warranties or conditions of any kind.

14.2 To the greatest extent permitted by law, Zijit expressly disclaims all warranties and other terms implied by statute, common law, or equity. It must not be held responsible for any losses whatsoever.

15. Indemnity

16.1 You indemnify, defend and hold harmless Zijit, its directors, managers, employees, consultants, agents, and affiliates from any and all third-party claims, liability, damages or costs (including legal fees) resulting from your use of this Website or the Service.

16. Invalidity

16.1 If any part of the Terms is deemed unenforceable, (including if we limit our liability to you) the enforceability of any other section will not be affected, and all other clauses will remain in full force and effect.

17. General

17.1 Waiver

(1) A party's failure or refusal to exercise a power or right does not constitute a waiver of that power or right.

(2) A power or right is not limited by the fact that it is being exercised at this moment.

(3) A written waiver is required to be effective.

(4) A power or right may be waived only in relation to a specific occurrence and for a particular purpose.

17.2 Privacy policy

(1) You can view our privacy policy, which explains how we will use your info, at the following link: Privacy Policy.

(2) You agree to the data processing described in this privacy statement and guarantee that the information you supplied is correct.

17.3 Jurisdiction

(1) The law of Queensland governs these Terms.

(2) You consent to the exclusive jurisdiction of the Supreme Court of Queensland and the Commonwealth Court of Australia, and you agree that any lawsuit may be tried in those Courts.

17.4 Definitions.

In these Terms:

(1) The phrase "contributor" refers to anybody or anything that has made a contribution to the Digital Media and material.

(2) Clause 4.1 of the Consumer Rights Act gives consumers further protection in many ways through intellectual property, which is known as exclusive rights to the outcomes of creative and intellectual work protected by common law or statute such as copyrighted Digital Media and material other than Digital Media, trade names and service marks.

(3) The term "Linked sites" as used in this Agreement refers to a collection of website URLs that link to this Website Platform or App Service. This is fully described in section 2.1

(4) Moral rights is a copyright term that refers to the holder's right to insist on attribution and integrity for their works. It has the same meaning as defined in the Copyright Act 1968 (Cth).

(5) The phrase “Digital Media" is the material supplied and implies contribution to the material, such as a video recording, an audio recording, a Voice Over, animation, Creative Director, graphic art, photography, intellectual, concept, idea, direction or a logo etc. The media to be used, accessed, viewed, listened to and consumed via the digital environment.