Terms of Service
1. Introduction
These Terms of Service (“TOS”) outline the rights and responsibilities of Shiny Tech Things (“Creator”) and [Sponsor’s Name in which will be emailed this TOS agreement URL] (“Sponsor”). This TOS aims to ensure fair collaboration and maintain the integrity of content produced by the Creator. This TOS serves as an addendum to any contract signed between the Creator and the Sponsor and takes precedence once the Sponsor accepts it.
2. Definitions
- Work Days: Monday through Friday, excluding weekends and public/Hallmark holidays.
- Response Time: The period during which the Sponsor is expected to respond to the Creator’s inquiries.
- Extension: Additional time allowed beyond the initially agreed-upon deadline.
3. Timeline and Deadlines
3.1 Initial Timeline
The agreed timeline for any project will be calculated based on work days. For example, a 20-day timeline translates to approximately one calendar month.
3.2 Automatic Extensions
If the Creator encounters delays due to:
- Faulty Hardware or Software
- Bugs or Technical Issues
- Unclear Instructions
- Other Legitimate Reasons
The timeline will be automatically extended without the need for further approval from the Sponsor. The clock will stop from the moment the Creator emails the Sponsor about the issue until a full response is received addressing the matter.
3.3 Communication and Challenges
The Creator will communicate promptly with the Sponsor about any issues, challenges, or questions that arise. This includes, but is not limited to, sickness or other personal emergencies.
4. Truthful Content and Blacklisting
4.1 Integrity of Reviews
The Creator will not intentionally hide or avoid negative aspects of the products or services reviewed. The content produced should reflect the same level of honesty as if the Creator had purchased the product independently. In the event that the content has to be approved by a sponsor, the video and or description will contain disclosing at a minimum that it was reviewed or that content was changed or removed at the sponsors request.
4.2 Consequences of Blacklisting
If the Sponsor blacklists the Creator for providing truthful reviews:
- The Sponsor will be required to pay the Creator’s standard rates for each product that is not reviewed due to blacklisting as new items are released until the blacklist is removed. This is important to enforce the integrity and consistency for honest creative content.
- E.G. Product is reviewed and functionality from the box is inaccurate. The Creator states this and either the video does not require approval or was approved and was blacklisted for whatever reason.
5. Legal Disputes
5.1 Dispute Resolution
In the event of a dispute:
- Mediation is preferred.
- If legal proceedings are necessary, they will be conducted in the Creator’s city of residence in Arizona, USA, unless mutually agreed otherwise.
- The Sponsor will cover all travel expenses in the event that the Creator must travel out of the state of Arizona.
5.2 International Legal Considerations
If the dispute involves international laws or requires the Creator to travel to countries such as but not limited to China or Germany:
- The Sponsor will cover all travel expenses.
- The Sponsor will provide a full-time translator.
- Alternatively, the Sponsor may choose to use a mediator or conduct proceedings in Arizona.
6. Amendments
Any amendments to this TOS will be made in writing and agreed upon by both parties. This TOS will act as an addendum to any contract signed before, during, or after the acceptance by the Sponsor and will be confirmed via email.
7. Acceptance
By accepting this TOS, the Sponsor agrees to its terms and conditions. This TOS will automatically integrate into any existing or future contracts between the Creator and the Sponsor once the Sponsor provides their acceptance in writing.
8. Miscellaneous
- Both parties agree to act in good faith and cooperate to resolve any issues that arise during their collaboration.
- This TOS represents the entire agreement between the Creator and the Sponsor regarding the topics covered.