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Mys Tyler Creator Collabs Terms and Conditions

Welcome to The Mys Tyler Collaboration Hub! We provide a platform where Brands and Creators can connect and collaborate (Platform).

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Mys Tyler Tech Pty Ltd (ACN 640 037 074).

 

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Brands and Creators, unless we state otherwise.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: hello@mys-tyler.com

These Terms were last updated on [insert].

 

OUR DISCLOSURES

 

Please read these Terms carefully before you accept. We draw your attention to:

  • our privacy policy (on our website) which sets out how we will handle your personal information;
     

  • clause 1.5 (Variations) which sets out how we may amend these Terms;
     

  • clause 5 (Subscription) which sets out important information about your Subscription, including whether you can cancel your Subscription and whether your Subscription auto-renews; and
     

  • clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.

 

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

 

1. Platform Licence and Term

1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

1.2 You must be at least 18 years old to use our Platform for a Collaboration.

Platform Licence

1.3 While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person and, if you have a Subscription, will also be subject to the conditions of your Subscription (as set out on our Platform or in your Account).

1.4 You must not:


(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; 


(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform; 


(c) introduce any viruses or other malicious software code into our Platform; 


(d) attempt to access any data or log into any server or account that you are not expressly authorised to access; 


(e) use our Platform to send unsolicited electronic messages;


(f) use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or

access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive,

(g) indecent, menacing, harassing or unwanted.

1.5 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Subscription with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Subscription:

 

(a) you will no longer be able to access our Services (including our Platform) on and from the date of cancellation; and

(b) if you have paid Subscription Fees upfront, you will be issued a pro-rata refund based on the portion of the unused credits.

2. Platform Summary

2.1 Our Platform is a place where businesses seeking content for marketing (Brands) and individuals interested in collaborating with these businesses (Creators) can find each other, and advertise and work on brand collaborations together (Collaboration). We only provide our Services (including our Platform) and are not a party to any transaction between Brands and Creators in relation to a Collaboration (see the “Our Services” section below for more information about the services we provide to you).

 

2.2 Brands wanting to publish Collaborations on our Platform must create an Account. Brands must provide an accurate and complete description of the Collaboration they wish to provide (Collaboration Listing), including the benefits they will provide the Creator for the Collaboration (Collaboration Benefits).

 

2.3 Creators wanting to browse Collaborations and work on Collaborations in a Collaboration Listing must be an approved contributor on the Mys Tyler app, and may request to work on a Collaboration by sending a request through our Platform (Collaboration Request).

 

2.4 Brands may accept or reject a Collaboration Request through our Platform.

 

2.5 Brands must include all additional terms and conditions relating to their Collaboration in the relevant Collaboration Listing. This includes the final content created for the Collaboration (Deliverables) and any relevant timelines.

 

2.6 By applying to a Collaboration Request, Creators accept the additional terms and conditions in the Collaboration Listing.

 

2.7 Brands will send the Collaboration Benefits directly to the Creator, or where the benefit is digital, may distribute via the Platform. Brands accept and agree that they will use their best efforts to deliver the Collaboration Benefits within a reasonable time to the Creator. However, we will not be liable for any delays or cancellations in the delivery of the Collaboration Benefits.

 

2.8 The Creator will post the Deliverables directly to the Platform for the Brand to view and download.

2.9 We do not endorse or approve, and are not responsible for, any Collaborations not provided by us. We may, at any time (at our sole discretion), remove any Collaborations, including where a Collaboration: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.

 

2.10 Communication: Brands and Creators may be able to  communicate privately through the Platform. Brands and Creators must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.

For Brands Only

 

2.11 By posting a Collaboration Listing, you confirm that you are legally entitled to and capable of supplying the Collaboration Benefits described in the Collaboration Listing.

 

2.12 You must have appropriate insurance to cover the Collaborations that you make through our Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Collaborations you make. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

 

2.13 You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and licence to use Your Materials (including your trademarks) for the duration that your Collaboration Listing is available on our Platform for the purpose of making your Collaboration Listing available to Creators. [DM1] [L2] 

 

3. Our Services

3.1 We provide the following services to you:

 

(a)access to our Platform; and

 

(b)access to our troubleshooting support (Support Services),

(collectively, our Services).

 

3.2 If you require Support Services, you may request these by getting in touch with us through our Platform or by emailing hello@mys-tyler.com

 

3.3 Unless we agree otherwise, Support Services cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.

 

3.4 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

 

3.5 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

 

3.6 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

 

4. Account

 

4.1 Accounts for Brands and Creators are different, and you must choose the correct Account based on how you want to use our Platform.

For Brands Only

 

4.2 While you have an Account with us, you agree to:

 

(a) keep your information up-to-date (and ensure it remains true, accurate and complete);

 

(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

 

(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

 

5. Platform Subscriptions

5.1 Once you have created your Account, you must choose a Subscription to create a Collaboration.

 

5.2 The Subscriptions for Collaborations will be set out on our Platform, including details of each Subscription’s features and limitations, Subscription Fees and Subscription Periods.

 

5.3 For Brands Only - Each Subscription will have a certain number of credits, which will entitle you to a certain number of Collaborations (Credits). Information about credits, including the number of credits, their expiry, and entitlements, will be outlined on our Platform.

 

5.4 During the Subscription Period, you will be billed for the Subscription Fees on a recurring basis, as set out on our Platform (Billing Cycle).

 

5.5 Your Subscription can be upgraded or downgraded at any time through your Account. Any changes to your Subscription will take effect from the beginning of the next Subscription Period.

5.6 You will be billed for any Subscription Fees due at the beginning of each Billing Cycle. Our payments methods will be set out on our Platform. If you choose to pay your Subscription Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Platform).

 

5.7 Cancellation: Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for the same Subscription Period. If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Subscription Period, and your Subscription will not be renewed (meaning you will need to continue paying all Subscription Fees due up until your current Subscription Period ends). If you are on an annual Subscription, we will provide you with a renewal reminder at least 30 days prior to your Subscription renewing.

6. Payments

6.1 You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

 

6.2 You must not pay, or attempt to pay, any fees due under these Terms, including Subscription Fees, by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

 

6.3 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

 

6.4 Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may:

 

(a)suspend your access to our Services (including access to our Platform); and

 

(b)charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

 

6.5 Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

 

Availability, Disruption and Downtime

 

7.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

 

7.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

 

7.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.  

  1. Confidential Information and Personal Information

 

8.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

 

8.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

8.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

8.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

8.5 Brands and Creators must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

8.6 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Creators to Brands, and vice versa, so that they can connect and transact.

8.7 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

9. Consumer Law Rights

9.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

 

9.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

9.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

9.4 Creators may have Consumer Law Rights in respect of Collaborations made by Brands.

Cancellations between Brands and Creators

9.5 The cancellation of a Collaboration and the return of any Collaboration Benefits is strictly a matter between Brands and Creators. The terms and conditions of a Collaboration Listing must clearly set out whether cancellations are permitted.

9.6 We are not responsible for the Deliverables by the Creator, including the quality of any such Deliverables and whether or not they meet any criteria set by the Brand.

10. Intellectual Property and Data

10.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

 

10.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

For Creators Only

 

10.3 As between the Parties, ownership of all Intellectual Property Rights in any New Materials, including the Deliverables, will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials does not automatically vest in us, you hereby assign all such Intellectual Property Rights to us and agree to do all other things necessary to assure our title in such rights. [L3] 

 

10.4 We grant you a non-exclusive, irrevocable, royalty-free, worldwide, sub-licensable and transferable right and licence to use the New Materials, including the Deliverables, solely for your use and enjoyment as contemplated by this Agreement.

 

For Brands Only

 

10.5 We grant you a non-exclusive, irrevocable, royalty-free, worldwide, sub-licensable and transferable right and licence to use the Deliverables on digital platforms only, solely for your use and enjoyment as contemplated by this Agreement.

Your Data

 

10.6 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

 

(a)supply our Services to you and otherwise perform our obligations under these Terms;

 

(b)diagnose problems with our Services;

(c)improve, develop and protect our Services;

(d)send you information we think may be of interest to you based on your marketing preferences;

(e)perform analytics for the purpose of remedying bugs or issues with our Platform; or

(f)perform our obligations under these Terms (as reasonably required).

10.7 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.

 

10.8 You are responsible for (meaning we are not liable for):

 

(a)the integrity of Your Data on your systems, networks or any device controlled by you; and

 

(b)backing up Your Data.

10.9 When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

 

10.10 If you do not provide Your Data to us, it may impact your ability to receive our Services.

 

11. Liability

 

11.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: 

(a) any aspect of the interactions between Brands and Creators, including in relation to any Collaborations and Collaboration Listings;

 

(b) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

 

(c) any use of our Services by a person or entity other than you or your Authorised Users.

 

11.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law: 

 

(a) neither we or you are liable for any Consequential Loss;

 

(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

 

(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

 

(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000. 

 

12. Notice Regarding Apple

12.1 To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.

 

12.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

 

12.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

 

12.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

 

12.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

 

12.6 You agree to comply with any applicable third-party terms when using our mobile application.

12.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

 

12.8 You hereby represent and warrant that: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Suspension and Termination

 

13.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

13.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account, and any Subscription will be cancelled) if:

(a) you fail to pay your Subscription Fees when they are due;

(b) you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of

that breach;

(c) you or your Authorised Users breach these Terms and that breach cannot be remedied; or

(d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

13.3 You may terminate these Terms if:

(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b) we breach these Terms and that breach cannot be remedied, and

if you have paid Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Period remaining.

13.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.9), and if you have a Subscription, termination will take effect at the end of your current Subscription Period.

13.5 Upon termination of these Terms:

(a) we will retain Your Data (including copies) as required by law or regulatory requirements;

(b) for Brands, their existing Collaboration Listings will be removed and any purchased Collaborations not yet provided will be cancelled (and Creators will be refunded accordingly); and

(c) for Creators, their purchased Collaborations not yet provided will be honoured unless it is a requirement of the relevant Collaboration that Creators are active users of our Platform (in which case a refund will be at the discretion of Brands or the terms of the relevant Collaboration Listing (if any)).

13.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have. 

 

14. General

14.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

 

14.2 Disputes between Brands and Creators: We encourage Brands and Creators to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Brands and Creators may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Brands and Creators.

14.3 Disputes with The Collaboration Club: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

14.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

14.5 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

14.6 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

14.7 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

14.8 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

14.9 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

14.10 Publicity: You agree that we may advertise or publicise the fact you are a customer of ours, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

14.11 Survival: Clauses 8 to 14 will survive the termination or expiry of these Terms.

14.12 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.  

 

15. Definitions

 

15.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services, under which Authorised

Users may be granted with access.

 

Authorised User means a user that you have invited to use the Platform through your Account.

 

Brand: A brand is a business with an Account on our Platform, looking to advertise their business via Collaborations.

 

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

 

Creator: A creator is an individual with an Account on our Platform, who may partake in a Collaboration with a Brand.

 

Credits has the meaning given in clause 5.3.

 

Collaboration has the meaning given in clause 2.1.

 

Collaboration Listing has the meaning given in clause 2.2.

 

Collaboration Price has the meaning given in clause 2.2.

 

Collaboration Request has the meaning given in clause 2.3.

 

Deliverables has the meaning given in clause 2.5.

 

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise. New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with this Agreement or the supply of the Services, whether before or after the date of this Agreement and any improvements, modifications or enhancements of such Intellectual Property, and includes the Deliverables.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

 

Personnel means, in respect of a party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

 

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Services means the services we provide to you, as detailed in clause 3.1.

Subscription means the Subscription plan you have chosen through our Platform, which you use to access certain features and benefits.

 

Subscription Fees means the fees you pay to us to access your chosen Subscription.

Subscription Period means the duration of your Subscription (such as monthly, annually, or as otherwise set out on our Platform).

 

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.    

Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the commencement of this Agreement and/or developed by or on behalf of you or your Personnel independently of this Agreement and any improvements, modifications or enhancements of such Intellectual Property.

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