Terms of Service
Effective Date: 7/13/2025
Welcome to VFX Spotlight (https://www.vfxspotlight.com), a service provided by HOOLY CORPORATION, S.A. ("we," "us," "our"), a company incorporated under the laws of the Republic of Panama.
By accessing or using the VFX Spotlight platform ("Platform"), you agree to be bound by the following terms and conditions ("Terms"). If you do not agree to these Terms, please do not use the Platform.
1. Definitions
- Platform: The VFX Spotlight website, applications, and related services.
- User: Any individual accessing or using the Platform.
- Artist: A User registered on the Platform to showcase their VFX skills and experience and receive Bids for work.
- Representative: A User, potentially representing an Organization, registered on the Platform to find, evaluate, and engage Artists.
- Organization: A legal entity (such as a company, studio) or an individual person represented by one or more Representatives on the Platform, capable of entering into contracts.
- Bid: A formal offer made by a Representative to an Artist for services via the Platform, outlining terms and potential compensation.
- Content: Any text, images, video, data, or other material uploaded, submitted, or displayed on the Platform by Users (e.g., profile information, portfolio items).
2. Eligibility and Account Registration
- You must be at least 18 years old to create an account and use the Platform.
- You agree to provide accurate, current, and complete information during registration and keep your account information updated.
- Using temporary or disposable email addresses is prohibited.
- You are responsible for safeguarding your account credentials (password or access via third-party services like Google). You agree not to disclose your credentials to any third party.
- You are solely responsible for all activities that occur under your account.
- You may not share, transfer, or assign your account to another person or entity without our prior written consent.
3. Use of the Platform
- The Platform connects Artists and Representatives for the purpose of facilitating professional engagements in the visual effects industry.
- You agree to use the Platform only for lawful purposes and in accordance with these Terms.
4. User Conduct and Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations.
- Posting or transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity (including creating Organizations that misleadingly mimic existing companies).
- Uploading, posting, emailing, transmitting, or otherwise making available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Posting or linking to malicious content intended to damage or disrupt another User's browser or computer, including malware, viruses, or spyware.
- Promoting or linking to scams, pyramid schemes, or other fraudulent activities.
- Posting or linking to pornographic or sexually explicit material.
- Engaging in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform.
- Attempting to circumvent the Platform's features, security, or fee structure (see Sections 5 and 6).
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Platform, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.
5. Artist Responsibilities
- Artists must provide truthful and accurate information regarding their skills, experience, availability, and location on their profiles.
- While prompt and professional communication is encouraged, Artists are not obligated to respond to every Bid or message received. Artists may choose to ignore Bids or utilize platform features for automatic responses if available.
- Contractual Information: To accept a Bid, Artists must provide specific personal or business information (e.g., legal name, address, tax identification) required by the Representative for the contract. This information is stored securely and only used to populate the contract template upon Bid finalization. It is not shared with Representatives before a Bid is accepted.
- Artists agree to honor the terms of any Bid they formally accept through the Platform.
- Circumvention: If you initiate contact or negotiation with a Representative through the Platform regarding a potential engagement, you agree not to take that negotiation or engagement off-Platform with the intent to avoid the Representative paying the applicable commission fee. Engaging in such circumvention is a material breach of these Terms and may result in account suspension or termination.
6. Representative and Organization Responsibilities
- Representatives agree to submit legitimate, good-faith Bids for Artist services based on genuine project needs.
- Representatives and their represented Organizations agree to honor the terms of any finalized Bid, including timely payment of the agreed-upon Artist fee and the applicable Platform commission (see Section 7).
- Organizations:
- Representatives can create or be invited to represent Organizations on the Platform. An Organization can be an individual acting as a representative or a formal legal entity (e.g., company, studio).
- The Organization must be capable of entering into legal contracts and provide accurate identifying information, including a valid physical address (not a P.O. Box) if required for contracts.
- The User who initially creates an Organization acts as its primary representative and is responsible for ensuring the Organization's profile is accurate and for the actions of any other Users invited to represent that Organization.
- Users representing an Organization warrant that they have the authority to bind that Organization (or themselves, if the Organization is an individual) to these Terms and any agreements made through the Platform.
- Creating Organizations that impersonate or falsely represent affiliation with existing entities is strictly prohibited.
- Circumvention: If you initiate contact or negotiation with an Artist through the Platform regarding a potential engagement, you agree not to take that negotiation or engagement off-Platform with the intent to avoid paying the applicable commission fee. Engaging in such circumvention is a material breach of these Terms and may result in account suspension or termination for both the Representative User and the associated Organization.
7. Fees, Payment, and Commission
- Browsing the Platform, creating profiles, and searching for talent is free.
- A commission fee, calculated as a percentage of the total value of a finalized Bid, is charged to the Representative (or their represented Organization) upon successful finalization of a Bid through the Platform. The specific commission rate will be clearly displayed during the Bidding process.
- Non-Refundable Commission: The commission fee compensates HOOLY CORPORATION, S.A. for the use of the Platform and its role in facilitating the connection and agreement between the Artist and Representative. This fee is earned and due upon the finalization of the Bid on the Platform. It is non-refundable, regardless of subsequent events related to the contract execution, project changes, cancellations, or disputes between the Artist and Representative after the Bid is finalized.
- All fees and payments are processed in accordance with the laws and regulations of the Republic of Panama. Representatives are responsible for providing valid invoicing information.
8. Communication
- The Platform provides an internal messaging system for communication between Users related to Bids and potential engagements.
- All communications conducted through the Platform must be professional, respectful, and directly related to the services offered or sought.
- We reserve the right, but have no obligation, to monitor communications in cases of reported abuse, fraud, suspected violations of these Terms, or legal requirements.
9. Privacy and Data
- Our collection and use of personal information are described in our Privacy Policy.
- We collect necessary information such as name, email, and general location for account creation and Platform functionality. As described in Section 5, additional details required for contracts are collected when provided by the Artist.
- We utilize third-party services like Google Analytics (for anonymized usage data) and potentially Google Maps (for location features), which are subject to their own privacy policies.
- We do not sell User personal data or display third-party advertisements on the Platform.
- We may send email notifications related to account activity, Bids, messages, and important Platform updates.
10. Intellectual Property
- User Content: You retain ownership of the intellectual property rights in the Content you upload to the Platform (e.g., portfolio items, profile descriptions). By uploading Content, you grant HOOLY CORPORATION, S.A. a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt (for technical purposes like resizing or formatting), display, and perform the Content solely for the purpose of operating, developing, providing, and promoting the VFX Spotlight Platform. This means we may display your profile and portfolio on the Platform, use excerpts in promotional materials for the Platform itself, or feature your work within the Platform's interface. We will not sell your Content or use it for purposes unrelated to the VFX Spotlight service without your explicit permission.
- Platform IP: The Platform itself, including its software, design, text, graphics, logos, and overall look and feel, are the exclusive property of HOOLY CORPORATION, S.A. and its licensors, protected by copyright, trademark, and other intellectual property laws.
11. Third-Party Content and Terms Compliance
By submitting or posting any Content to the Platform, you represent and warrant that you have the necessary rights, licenses, or permissions to use and share that Content, and that your submission does not violate the terms of service, copyright, or other legal agreements of any third-party websites or services (including, but not limited to, IMDb or similar databases). You acknowledge that VFX Spotlight does not verify the origin of Content submitted by Users and is not liable for any violations of third-party terms or intellectual property rights arising from your submissions. You are solely responsible for ensuring that your Content complies with all applicable laws and third-party requirements.
12. Termination
- We may suspend or terminate your access to the Platform and your account, without prior notice or liability, for any reason, including but not limited to, a breach of these Terms.
- You may terminate your account at any time by contacting us or using account deletion features when available.
- Upon termination, your right to use the Platform will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).
13. Disclaimers and Limitation of Liability
- The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. HOOLY CORPORATION, S.A. makes no warranties, express or implied, regarding the Platform's operation or the information, content, or materials included.
- No Contractual Involvement: HOOLY CORPORATION, S.A. is not a party to any contract or agreement formed between an Artist and a Representative/Organization through the Platform. We do not guarantee the performance, quality, or outcome of any such agreement. All contractual arrangements are solely between the involved Users.
- We do not vet Users beyond basic account verification and do not guarantee the quality, accuracy, reliability, or legality of User Content or the services provided by Artists or sought by Representatives.
- To the fullest extent permitted by applicable Panamanian law, HOOLY CORPORATION, S.A. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform, including any contract or interaction between Users; (c) any content obtained from the Platform; or (d) unauthorized access, use, or alteration of your transmissions or content.
- We are not responsible for disruptions or issues caused by third-party services integrated with the Platform (e.g., Google services).
14. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the Republic of Panama, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Platform, shall be resolved exclusively by the competent courts located in Panama City, Republic of Panama.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, typically via email or a notice on the Platform. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Email: info@vfxspotlight.com