Talent Terms of Service
Last Updated: 27 October 2021
This Talent Terms of Service Agreement ("Terms") governs your use as a talent user of the BLISSER™ marketplace platform offered by Blisser Inc., doing business as Blisser ("we", "us", or “Blisser"), including our website (Blisser.com), mobile application ("App"), and services we provide (collectively, the website, App, and services referred to as our "Site"). "You" and "Talent User" refer to you as a talent user of the Site.
These Terms apply solely to Talent Users of our Site. Use of our Site is also subject to our current Acceptable Use Policy defined herein. Any use by you of our Site other than as a Talent User is governed by the Site Terms of Service. ("Site Terms") as defined in the User Terms.
PLEASE READ THESE TERMS CAREFULLY. By using our Site as a Talent User 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 as a Talent User.
ARBITRATION NOTICE: Section 17 of these Terms contains provisions governing how claims that you and Blisser 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. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and Blisser to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 19: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.
Table of Contents
Requirement with Intro Video
- Participation in the Blisser Marketplace
- BLISSER Videos
- Fees and Payment
- Talent Content
- Additional Terms
- Copyright and Intellectual Property Policy
- Third Party Content and Interactions
- Business Relationship with Blisser
- Changes to our Site
- Termination and Reservation of Rights
- Disclaimers and Limitations on our Liability
- Arbitration Agreement and Waiver of Certain Rights
- Other Provisions
- Changes to these Terms
- Participation in the Blisser Marketplace
a. Registration: In order to participate on our Site, you must register. By registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, "Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Site account and your use of our Site. You agree not to create a Site account using a false identity or providing false information, on behalf of another person (except as outlined below for a parent or legal guardian and Organizations), or if you (and your parent or legal guardian, or an Organization, if applicable) 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.
i. Talent User age 13 or older: Talent Users who are at least 13 years old may register directly. By registering, you represent and warrant that: (A) you are at least 13 years old (and, if between 13 and 18 years old, are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms); (B) you are of legal age to form a binding contract; (C) you are (and if you are between 13 and 18 years old, your parent or legal guardian is) not barred from using our Site under the laws of the United States, your place of residence (and if you are between 13 and 18 years old, the place of residence of your parent or legal guardian), or any other applicable jurisdiction; and (D) you are (and if you are between 13 and 18 years old, your parent or legal guardian is) responsible for complying with all applicable laws and regulations relating to Talent User’s participation on our Site and will fully indemnify the Blisser Parties (defined below) for any failure to do so.
ii. Parent or Legal Guardian of Talent User, under age 16: Talent Users who are under 16 years old, may register only through a parent or legal guardian who, by registering, represents and warrants that: (A) he or she is the parent or legal guardian of the Talent User and agrees to these Terms; (B) neither the parent or legal guardian nor the Talent User is barred from using our Site under the laws of the United States, the place of residence of the parent, legal guardian, or Talent User, or any other applicable jurisdiction; and (C) he or she is responsible for complying with all applicable laws and regulations relating to Talent User’s participation on our Site and will fully indemnify the Blisser Parties for any failure to do so.
iii. Organizations: A management company, manager, agency, agent, publicist, or other individual or organization (each, an "Organization") may register a Talent User ("Affiliated Talent"). By registering, the Organization represents and warrants for itself and each Affiliated Talent that: (A) Organization is the authorized representative of the Affiliated Talent (and, if the Affiliated Talent is below the age of 18, is registering with any consent required of the Affiliated Talent’s parent or legal guardian as set forth in Sections 1.a(i) and 1.a(ii)) and agrees to these Terms; (B) neither the Organization nor the Affiliated Talent is barred from using our Site under the laws of the United States, the place of residence of the Organization or any Affiliated Talent, or any other applicable jurisdiction; and (C) Organization is responsible for complying with all applicable laws and regulations relating to Affiliated Talent’s participation on our Site under these Terms and will fully indemnify the Blisser Parties for any failure to do so. To register Affiliated Talent as an Organization, please contact legal@Blisser.com.
b. Promotional Materials: At no cost to Blisser, you will provide to us the following promotional materials ("Promotional Materials") within 72 hours of beginning the talent on-boarding process on our Site: (i) if you would like us to promote your participation on our Site, three high resolution images of yourself; (ii) your Site profile bio; and (iii) an introduction video of approximately :30 in length to let your fans know that they can book you on our Site. Please note that you will not be able to receive requests from Users until we receive your introduction video. From time to time we may request additional Promotional Materials from you for Blisser’s use to promote you on or in connection with our Site or on any social media platform or third party website. Any other materials or photos of or concerning you that you approve for Blisser’s use will also be Promotional Materials under these Terms.
- BLISSER Videos
From time to time, a user of our Site ("User") may request one or more video recordings (each, a "BLISSER Video") from you through our Site.
a. While we hope you will fulfill a request within 48 hours of receiving it, you may have up to seven days (at Blisser’s sole discretion) to complete and upload the BLISSER Video. If you do not either: (i) accept the request and upload the BLISSER Video; or (ii) decline the request; the request will expire and can no longer be fulfilled (except that you may fulfill the expired request at no cost to the User and with no payment due from us). You may decline a request or otherwise refuse, in your discretion, to create or upload a BLISSER Video if a User’s request is objectionable or otherwise offensive to you. If you accept a request, you agree to record and upload to our Site one BLISSER Video.
b. Blisser retains the right, in its sole discretion, to cancel any request from a User. No payment will be made to you for any declined, cancelled, or unfulfilled BLISSER Video request.
c. Each BLISSER Video will be approximately :60 in duration and will follow the general directions and requests of the User (for example, birthday message, congratulatory message, expert advice or "Good luck!" message). You will have sole discretion over the script and content of any BLISSER Video, except that you agree: (i) you will use your name (please introduce yourself), the User’s name, and the name of any third party that the User identifies as a recipient ("Recipient") in each BLISSER Video, unless otherwise requested by the User; and (ii) you will not state in the BLISSER Video that the BLISSER Video is incomplete or cannot be completed. Your response to the User’s request is your responsibility and at your discretion, subject to these Terms; however, Users are usually happiest when at least the majority of their request is followed by a Talent User. If you complete a BLISSER Video but do not follow the general directions and requests of the User, we will discuss with you an appropriate adjustment of the payment made to you.
- Fees and Payment
a. Booking Fee: You set your own price for each Premium Blisser Video and while all Standard have a fixed price of $40 dollar that you choose to make available through the Blisser marketplace platform
b. provided that: The Booking Fee excludes any service, transaction, or processing fees paid to Blisser.
c. Fees: Other than with respect to an expired request that you choose to fulfill (as set forth in Section 2(a)) and subject to these Terms, we will pay you 75% of the Booking Fee actually received by Blisser for each Premium Blisser Video and we will pay you 50% of the Booking Fee actually received by Blisser for each Standard Video 50% or other Blisser product offering that you created and delivered to fulfill to a User’s request that you accepted through our Site. In addition, if the offering permits a User to designate an additional amount as a "tip", we will pay you 75% (unless a different percentage is agreed in writing by Blisser) of any amount paid by a User via our Site as a "tip" (after subtracting any payment to or deduction by the application platform).
d. Fees and Payment Representations and Warranties: You represent and warrant that: (i) Blisser Videos are not, and are not intended to be, covered by any guild, union, collective bargaining, management, agency, or similar agreement and there will be no residual or any other type of payment due from Blisser to you, to any third party, guild, union, management, or agent, or pursuant to any collective bargaining agreement, in connection with Any Blisser Video, payment from us to you, or our Site; (ii) Blisser is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Site; and (iii) Blisser is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.
e. Payment: You agree to register with the third-party payment provider selected by Blisser, which Blisser may change in its sole discretion. You may not use a payment provider other than the one selected by Blisser. You will provide the payment provider any information required in order to receive payments via the payment provider, e.g., information about the bank account that you own at a regulated financial institution. Any payments due to you from Blisser will be made via the payment provider. If available, you may transfer funds from your Blisser account to your bank account by submitting a payment request. Your request will be processed by the payment provider. If not available, Blisser will submit the payment request, for processing by the payment provider. In addition, Blisser may, in its sole discretion, transfer funds from your Blisser account to your bank account especially in the case of account inactivity. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you. Blisser will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that Blisser does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Other than with respect any payment to or deduction by the application platform (as set forth in Section 3.b). Blisser will be responsible for fees, costs, and expenses incurred in connection with the payment provider selected by Blisser. Unless otherwise agreed by Blisser in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if Blisser, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
f. Currency: Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.
g. Fundraising: Blisser donates 10% of each purchase to a charitable organization of your choosing. You agree to submit to Blisser the name of the charitable organization you wish Blisser to donate to and you acknowledge that Blisser shall have the right to approve or deny such charitable organization at its sole discretion. Furthermore, you agree and acknowledge that your profile will not be live until you have submitted and Blisser has approved a charitable organization. You further acknowledge and agree that we may add a statement to your booking page disclaiming a connection between Blisser and the Charity, as we determine in our sole discretion.
- Talent Content
a. License Grant to Talent Content: Our Site allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your Blisser Videos and Promotional Materials (collectively, "Talent Content"). When you upload, submit, store, send, transmit approve, or receive Talent Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works (for example, translations, adaptations, compilations, excerpts, or other modifications) of, and to use your Talent Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Talent Content may, in Blisser’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Talent Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Talent Content. You further acknowledge and agree that Blisser has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by Blisser as a result of any such advertising).
b. License Grant to Users:
i. For each Blisser Video, you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to view the Blisser Video, solely in accordance with the Site Terms. For each intro Blisser Video reproduce, distribute, and publicly display the Blisser Video, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).
c. License Grant to Blisser and Users:
i. For each Intro Blisser Video, you hereby grant to Blisser, the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the Intro Blisser Video, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).
d. Right to Remove Blisser Videos: You acknowledge and agree that we cannot restrict the use of your Blisser Videos or other offerings by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove those uses (including from social media channels or third-party websites or platforms). If we do seek to remove a Blisser Video from a social media channel or third-party website or platform, we may notify you of our intent to do so. As owner of the copyright in your Talent Content, you hereby authorize Blisser to act as your agent in order to submit any DMCA notice or other demand with respect to your Blisser Videos. You will promptly notify us if you learn that any Blisser Video is being used in violation of the Site Terms. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the Business Blisser Video for any reason, including if the use exceeds the license in Section 1)a(ii) or otherwise violates the Site Terms.
e. Licenses: You may not sell, resell, commercialize, or encumber your rights in any Blisser offering, including creating a non-fungible token ("NFT") from any Blisser offering (including Blisser Videos) except as agreed by Blisser in writing. Please note that the licenses granted in this Section 4 are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Talent Content, by us, Users, or third parties, other than the payment set forth in Section 4. We may exercise our rights under this license anywhere in the universe. We may sublicense our rights as needed to provide and promote our Site or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the Site Terms. Finally, the licenses granted in this Section 4 are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Site.
f. Talent Content Representations and Warranties: You represent and warrant that:
i. you own all rights in and to your Talent Content and Feedback (defined below) and that you have the right to grant the rights described in these Terms;
ii. you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Talent Content and Feedback by us, Users, or third parties (including Recipients) as described in these Terms;
iii. your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;
iv. your Talent Content and Feedback does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
v. you will not post or make publicly available any Blisser Video that the User has requested and purchased from you.
vi. you will not contact, respond to, or communicate with any User that you meet on or through our Site, except as expressly permitted through our Site.
vii. you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;
viii. you will not edit, change, modify, or remove the watermark from any BLISSER Video or assist or encourage any third party to do so;
ix. you will not ask us for permission or to assist you with the actions prohibited by Sections 6.f(vi) through 6.f(ix)); and
x. except for a Blisser video that you choose to remake (at no additional cost to the User and with no additional payment due from us) if you receive a review of three stars or less, you will not remake any Blisser Video unless asked by us to do so.
g. Treatment of Talent Content: Any Talent Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Talent Content, including any personal information included in that Talent Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Site or submit any Talent Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Talent Content. None of your Talent Content will be subject to any obligation of confidence by us, Users, or third parties (including Recipients), and we will not be liable or responsible for any use or disclosure of any Talent Content.
h. Refusal and Removal of Talent Content: We may refuse to accept or transmit Talent Content for any reason without notice to you. We may remove Talent Content from our Site for any reason without notice to you.
i. Cancellation of Site Account: If you cancel your Site account, you may, on at least three business days’ advance written notice to us, request that we no longer include your Blisser Videos on our Site and that we not make any new public use of them. As noted in Section 6.c, we have no obligation as to any use of your BLISSER Videos by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) (including from social media channels or third party websites or platforms).
a. Other than Talent Content, we or our licensors own all right, title, and interest in and to: (i) our Site and the "look and feel" of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, "Blisser Content"); and (ii) our trademarks, logos, and brand elements ("Marks"). Our Site, Blisser Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Blisser Content or use the Marks without our prior express written consent. You acknowledge and agree that each request or message from a User is a Submission (as defined in the Site Terms) owned by the User who created it.
b. Blisser desires to avoid the possibility of misunderstandings if a project developed by us, our employees, or our contractors might seem similar to material submitted to us by you or a third party. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, "Feedback"), you acknowledge and agree that you are submitting that Feedback at your own risk and that Blisser has no obligation (including of confidentiality or privacy) with respect to your Feedback, and you grant to Blisser 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.
c. You hereby waive any and all moral rights or "droit moral" that you may have in Talent Content or Feedback, and you represent and warrant that no third party has any moral, "droit moral" or other rights in the Talent Content or Feedback.
6. Additional Terms
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 for you to read 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 all or some of these Terms don’t apply.
a. Age: You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site. If you are a minor or under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may access and use our Site only with permission from your parent or legal guardian.
b. National College Athletic Association ("NCAA") and Other Amateur Organizations: If you are or may become subject to NCAA rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our Site does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.
c. Eligibility Representations and Warranties: You represent and warrant that:
i. you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
ii. 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;
iii. if you include an animal in any Blisser Video, you will cause no harm to the animal and will comply with all applicable laws and regulations;
iv. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
v. you are not a convicted sex offender.
d. Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by United States 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 embargoed by the U.S.; 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. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (y) you are not listed on any U.S. Government 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 Blisser are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Blisser products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
8. Copyright and Intellectual Property Policy
a. Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
i. your address, telephone number, and email address;
ii. a description of the work that you claim is being infringed;
iii. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
iv. 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";
v. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
vi. 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.
c/o Legal Department
900 3rd Avenue (29th floor)
10022, New York, NY
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.
b. 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.
10. 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 Blisser, including Blisser 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, on or through our Site, are solely between you and the third party; however, Blisser may, in its sole discretion, intercede and you will reasonably cooperate with Blisser if it does so. You acknowledge and agree that Blisser will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions, including any requests or Submissions from Users. You agree to contact Users about matters relating to our Site only through the Site. You hereby release each Blisser 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 interactions or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
11. Business Relationship with Blisser
a. You and Blisser agree and declare you and Blisser are in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of Blisser, and will not represent yourself as such. As an independent contractor using our platform to provide marketing, artistic, writing, and photography services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms and you acknowledge and agree that we do not control those elements of your performance. You also retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.
b. You represent and warrant that as between Blisser and you (whether a Talent User, parent or legal guardian of a Talent User, an Organization, Affiliated Talent, Blisser Partner, or otherwise), you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.
c. You will use your own equipment to perform your obligations under these Terms.
d. You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.
e. Your relationship with Blisser is non-exclusive, meaning that you may provide similar services to third parties, including Blisser’s competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms.
13. 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. You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.
14. Termination and Reservation of Rights
You may cancel your Site account at any time by contacting a member of the Blisser team at email@example.com. 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.
15. Disclaimers and Limitations on our Liability
a. 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 Blisser 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.
b. In particular, the Blisser 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 Blisser Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Site.
c. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including a User request, 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 BLISSER Video, will create any warranty not expressly made by us.
d. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that Blisser 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 do hereby waive, any legal or equitable rights or remedies you have or may have against any Blisser Party with respect thereto.
e. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any Blisser 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 Blisser has been advised of the possibility of such damages.
f. 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 Blisser from you during the 12 months preceding the claim giving rise to such liability.
g. 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.
h. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Blisser and you.
You agree to indemnify, defend, and hold harmless Blisser and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (each, a "Blisser Party, " and collectively, "Blisser 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; (b) use of our Site; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) any Organization or Affiliated Talent; (f) any Charity; (g) your status as a parent or legal guardian of a Talent User; (h) Talent Content; (i) Feedback; (j) your eligibility with the NCAA or any other association, group, authority, or organization referenced in Section 7.b; or (k) your participation in the Referral Program. Blisser may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
17. Arbitration Agreement and Waiver of Certain Rights
a. Arbitration: You and Blisser agree to resolve any disputes between you and Blisser through binding and final arbitration instead of through court proceedings. You and Blisser each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Blisser relating to these Terms or our Site (each a "Claim," and collectively, "Claims"). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
b. Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Blisser will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
c. No Preclusions: This arbitration agreement does not preclude you or Blisser from seeking action by federal, state, or local government agencies. You and Blisser each also have the right to bring any qualifying Claim in small claims court. In addition, you and Blisser each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
d. No Class Representative or Private Attorney General: Each of you and Blisser agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general; or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or Blisser). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
e. Severability/No Waiver/Survival: If any provision of this Section 19 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 and the remainder of this Section 19 will continue in full force and effect. No waiver of any provision of this Section 19 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 19 will survive the termination of your relationship with Blisser.
f. Blisser Inc, 900 3rd Avenue (29th floor) 10022, New York, NY
g. LIMITATIONS: This Section 19 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or Blisser would have in court may not be available in arbitration.
18. Other Provisions
a. Force Majeure: Under no circumstances will any Blisser 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 Blisser Party.
b. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of New York 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 state or federal courts located in New York, NY . You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
c. 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.
d. No Waiver or Amendment: The failure by Blisser to enforce any right or provision of these Terms will not prevent Blisser from enforcing such right or provision in the future and will not be deemed to modify these Terms.
e. Assignment: Blisser 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.
f. 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.
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.
Additional Talent Terms
PLEASE READ THE FOLLOWING CAREFULLY. By offering the product or service, you agree to the applicable additional terms that apply (which are Additional Terms as described in Section  of the Talent Terms of Service ("Talent Terms")). These Additional Terms will be governed by, and are incorporated into, the Talent Terms. Terms that are defined in the Talent Terms or the Site Terms of Service ("Site Terms") will have the same meaning in these Additional Terms.
From time to time, we may change these Additional Terms. If we do, we will give you notice by posting them on our Site and updating the "Last Updated" date. The revised Additional Terms will be effective immediately. By offering or using or continuing to offer or use the applicable product or service, you represent and warrant that you have read, understand, and agree to these Additional Terms.
BLISSER STANDARD VIDEOS
Last Updated: 27 October 2021
Users may request Standard Videos from you on our website;
To activate your Standard Videos;
i. You must first submit to Blisser pre-recorded standard videos in the topics in which you decide.
ii. Each video submitted and approved is sold and distributed multiple times.
iii. For all submitted Standard Video you grant Blisser the worldwide rights to redistribute and resell the standard videos until you notify Blisser in writing requesting to remove a video.
iv. The length of each video shall not be less than 1 minute long and no longer than 15 minutes.
v. You can request to Blisser to submit new standard videos at any time and Blisser will make those available at earliest, but no later than 5 business days
vi. If you wish to remove a standard video previously recorded and sold you need to notify Blisser in writing at firstname.lastname@example.org and Blisser has 5 business days to remove such video from being ordered from your profile page.
vii. Blisser reserves the right to remove or disapprove a video at anytime if it considers the video to violate any of our terms.
viii. All Videos requested by a user including Standard Videos are private and only visible for the customer purchasing the video and are not shared on social media unless agreed to between the talent user and Blisser.
ix. Blisser may at its sole discretion provide ideas or suggestions of the topics of your standard videos.
a. All Standard Videos are $40 USD
b. If you offer Standard Videos, the price will be displayed on your profile page. We will pay you 50% of the price actually received by Blisser from each User after subtracting any payment to, or deduction by, the application platform, on the same terms as in Section 3.b of the Talent Terms, unless otherwise specified by Blisser, we will pay you monthly, one month after the subscription price is received by us.
You acknowledge and agree that:
a. You hereby grant to each User (subject to such User’s payment in full) the following limited rights to use your Video Messages solely for their own personal, non-commercial, and non-promotional purposes, stored only on their Blisser account; and, you may use the video Messages in the same manner.
b. by offering any Standard Videos, you agree to the terms applicable to that feature;
c. each Message you create is Talent Content under the Talent Terms;
d. each Message is subject to the Acceptable Use Policy/Community Guidelines and you may not, among other things:
i. violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party; or
ii. communicate anything that is, or that incites or encourages action that is, explicitly or implicitly illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable;
e. if you believe that a User or Standard Videos activity has violated the Acceptable Use Policy/Community Guidelines, you will promptly notify Blisser in writing at email@example.com;
f. Blisser may monitor any Standard Videos activity, and Blisser retains the right, in its sole discretion, to cancel any Standard Videos membership; and
g. Blisser will not be responsible or liable for any Message from any User or any Talent Content (including any Message or other content from you).