Expert Terms of Service
1. Your Obligations
Protégés Video Calls: From time to time, a Fan may book one or more Video Calls from you through our Service. Experts are obliged to fulfill the video call booking at the time and date that has been booked. An expert can reschedule prior to 24 hours but is obligated to avoid any cancellations within 24 hours of the time and date of the booking. If you do not either: (i) fulfill the Protégés Video Call on the time and day of the booking; or (ii) cancel or reschedule the video call booking prior to 24 hours, you are considered in violation of our terms of agreement and it is Proteges exclusive right to remove you from the platform. Protégés retains the right, in its sole discretion, to cancel any booking from a Fan. We reserve the right to remove your Protégés profile at any time for any reason. No payment will be made to you for any declined, canceled, or unfulfilled Protégés Video Call request. You agree that each Protégés Video Call will be in accordance with the booking’s duration (i.e. 30 minutes or 1 hours). You will have sole discretion over the script and content of any Protégés Video Call, except that you agree: you will use your name (please introduce yourself), the Fan’s name and you will not state in the Protégés Video Call that the Protégés Video Call is incomplete or cannot be completed. Your response to the Fan’s requests is your responsibility and at your discretion, subject to these Terms. Your interactions with third parties, including Fans, on or through our Service, are solely between you and the third party; however, Protégés may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Protégés if it does so. You acknowledge and agree that Protégés will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions. You agree to contact Fans about Protégés Video Calls only through our Service.
Registration: In order to accept requests on our Service, you will need to register. In 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 account and your use of any part of our Service. You agree not to create an account using a false identity or providing false information, on behalf of another person (except as outlined below for Organizations below), or if you have previously been removed or banned from our Services. You are responsible for maintaining the confidentiality of your account information, including your email and password. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your 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 account.
Organizations: A management company, manager, agency, agent, publicist, or other individual or organization (each, an “Organization”) may register an Expert (“Affiliated Expert”). By registering, the Organization represents and warrants for itself and each Affiliated Expert that:
Name and Likeness. Expert hereby grants to Protégés the non-exclusive right and license, in perpetuity and throughout the universe, to use Expert’s name, image, likeness, voice, attributes and/or biography in connection with the advertising, marketing, promoting, publicizing and exploiting any matter related to the Service and all subsidiary and ancillary rights therein, in perpetuity, throughout the world and in any and all media, whether now known or hereafter devised.
Expert, age of majority in your jurisdiction of residency, but at least 18 years old: Experts who are the age of majority in your jurisdiction of residency (but at least 18 years old) may register our Platform. By registering, you represent and warrant that:you are the age of majority in your jurisdiction of residency, but at least 18 years old;
you are of legal age to form a binding contract;
you are not barred from using our Services under the laws of your place of residence, or any other applicable jurisdiction; and
you are responsible for complying with all applicable laws and regulations relating to Expert’s participation on our Platform and will fully indemnify the Protégés for any failure to do so.
Organization is the authorized representative of the Affiliated Expert and (if any Affiliated Expert is below the age of 18, registering with any required consent of the Affiliated Expert’s parent or legal guardian) and agrees to these Terms;
neither the Organization nor the Affiliated Expert is barred from using our Service under the laws of the place of residence of the Organization or any Affiliated Expert, or any other applicable jurisdiction; and
Organization is responsible for complying with all applicable laws and regulations relating to Affiliated Expert’s participation on our Platform under these Terms and will fully indemnify Protégés for any failure to do so.
2. Fees and Payment
You must fulfill a Fan video call request within time and date of the booking and do your best to fulfill the Fan’s request. You contact Fans only through our Service.
We pay you up to 75% of the revenue actually received by us from a Fan for each Protégés Video Call you have with a Fan.
3. Expert Content
You grant us full right and license and allow the Fan to use Protégés Video Calls fulfilled by you. You agree to keep Protégés Video Calls private and not to merchandise anything on our Services.
Rights Grant to Fans: You hereby grant to each Fan of the Protégés Video Call a non-exclusive right to use and access, the Protégés Video Call for personal purposes only for up to five (5) years from the date of delivery of each such Protégés Video Call to the Fan. Such five (5) year period survives any cessation of services provided by you as an Expert through the Services.
Expert Video Call Representations and Warranties: You represent and warrant that:
you own all rights in and to your Protégés Video Call and that you have the right to grant the rights described in these Terms;
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 creation, distribution and use of your Protégés Video Call;
your agreement to these Terms and the provision of any services by you does not violate any agreement that you may have with any third party;
your Protégés Video Call does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property rights, privacy rights, publicity rights, moral rights, or other legal rights of any third party, or violate any law, regulation, or court order;
you will not post or make publicly available any Protégés Video Call that the Fan has requested remain private and you will not ask us for permission to create or post same;
you will not contact, respond to or communicate with any Fan that you meet on or through our Service, other than to fulfill the Protégés Video Call through our Service;
you will not provide your contact information to any Fan or send merchandise or anything else to a Fan other than as permitted by these Terms;
you agree not to edit, change, modify, or remove the watermark from any Protégés Video Call or assist or encourage any third party to do so; and
you will not remake any Protégés Video Call unless asked by us to do so.
Licenses: Please note that the rights granted in this section are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Protégés Video Call, by us, Fans, other than the payment set forth in Section 2.b. We may exercise our rights under this license anywhere in the world. We may sublicense our rights as needed to provide and promote our Service or otherwise in accordance with these Terms. Finally, the licenses granted in this Section 3 are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Service.
Treatment of Protégés Video Call: Any Protégés Video Call 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 Protégés Video Call, including any personal information included in that Protégés Video Call. 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 Service or fulfill any Protégés Video Call 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 Protégés Video Call. None of your Protégés Video Call will be subject to any obligation of confidence by us, Fans, or third parties, and we will not be liable or responsible for any use or disclosure of any Protégés Video Call.
Refusal and Removal of Protégés Video Call: We may refuse to accept or transmit Protégés Video Call for any reason without notice to you. We may remove Protégés Video Call from our Application for any reason without notice to you.
Cancellation of Account: If you cancel your account, you may, on at least three business days’ advance written notice to us, request that we no longer include your Protégés Video Call Calls on our Application and that we not make any new public use of them. You acknowledge and agree that we cannot restrict the use of your existing Protégés Video Call Calls by the Fans for whom you created them.
Moral Rights: You hereby waive any and all moral rights or “droit moral” that you may have in Protégés Video Call, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Protégés Video Call.
Fees: We will pay to you 75% of the revenue actually received by Protégés for each Protégés Video Call successfully fulfilled for a Fan that you accepted through our Service. You will have the right to set your own price for each Protégés Video Call,. You represent and warrant that:
Payment: You agree to register with the third party payment provider selected by Protégés, which is currently Stripe or, if you live in a country in which Stripe does not provide services, then PayPal; any payment provider is subject to change in Protégés’s sole discretion and you agree to abide by all the terms and conditions for the use of such third party payment provider. You do not have the option to select a payment provider other than the one selected by Protégés. You agree to provide to the payment provider all information required by such payment provider in order to receive payments due via the payment provider. We make all payments upon your complete delivery of the Protégés Video Call you fulfilled but at least within 30 days from we received the payment from the Fan. Payments will be in the currency you select with the payment provider, your choice of currency cannot mean any costs to us and we initiate the payment of the revenue you are entitled to under these Terms in U.S. Dollars. If you do not provide to the payment provider all required information, then you may not be able to receive the payments due to you. Protégés will not be responsible for any damages, 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. Subject to the applicable payment provider’s terms, payment will be made to you by the payment provider within approximately two weeks of receipt by Protégés of payment from the Fan for each booking for a Protégés Video Call that you have fulfilled (as set forth in Section 1). You acknowledge and agree that no payment provider used by Protégés is operated, owned or controlled by Protégés, and your use of any such payment provider is subject to the terms and conditions and privacy policies of that payment provider. 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. Unless otherwise agreed by Protégés, you acknowledge and agree that you are solely responsible for any fees, costs and expenses incurred in connection with the use of a payment provider. Notwithstanding anything to the contrary contained in these Terms, if Protégés, 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 Service, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, may have arisen out of or in connection with any such violation of law or regulation.
Protégés Video Calls are not, and are not intended to be, covered by any guild, union, collective bargaining, or similar agreement and there will be no residual or any other type of payment due from Protégés to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with any Protégés Video Call, payment from us to you, or our Service;
Protégés 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 Service; and
Protégés 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.