To be accepted as a member ("Creator") of the Creatable, Inc. (“Creatable”) marketplace for creators ("Creator Marketplace"), you (“Creator” or "Applicant") must agree to these terms and conditions below.
1. ELIGIBILITY. The Creator Marketplace is open to all applicants who are sixteen (16) years of age or older (or of age required under applicable law) at the time of entry. Whether an applicant is accepted shall be subject to the sole discretion of Creatable’s Creator Marketplace administrator (the “Administrator”).
2. TO ENTER AND PARTICIPATE. To be considered, you must apply to a campaign created by a brand on the Creatable platform (a “Creator Campaign”) or sign up for a Creator account either on the Creatable website or by downloading the Creatable mobile app (in either case, the "Portal"), and in each such case, must agree to these terms and conditions. Each applicant, whether or not accepted into the Creator Marketplace, and at any time after acceptance to the Creator Marketplace, can be suspended, removed or rejected from the Creator Marketplace, at any time, at the sole and absolute discretion of Administrator, without any advance notice.
3. BRAND CREATOR PROGRAMS & CAMPAIGNS. A brand that operates Creatable on their website and/or marketing channels may run a brand creator program on the Creatable platform (a “Brand Creator Program”). Creators may be eligible to participate in such Brand Creator Program, as shall be determined by the Administrator and the applicable brand in question in their sole and absolute discretion. To join a Brand Creator Program, a Creator must apply and be approved for such Brand Creator Program. Brand Creator Programs may offer commission and other incentives for promoting the brand and/or a particular product carried by such brand, all per the terms and conditions of such Brand Creator Program. A brand may also run a Creator Campaign, either for program creators only, or publicly, where you simply apply on the Creator Marketplace. Your participation in any Brand Creator Program is governed by the terms and conditions of such a program. Creator Campaigns are governed by the terms of such Creator Campaign Brief, which specify the Creator Campaign requirements and, together with these terms and conditions, constitute a Creator Campaign Contract. In each of the foregoing cases, you agree to comply with all terms and conditions of the Brand Creator Program and the Creator Campaign Contract, as the case may be, as well as these terms which form an integral part of such Brand Creator Program an/or Creator Campaign Contract, as the case may be. In the event there is a conflict between the terms and conditions for a given Brand Creator Program or Creator Campaign, on the one hand, and these terms and conditions, on the other hand, these terms and conditions shall prevail. Each applicant, whether or not accepted into the Creator Marketplace, and whether or not accepted to any Brand Creator Program or for any Creator Campaign, and at any time after acceptance to the same, can be suspended, removed or rejected from any and all of the foregoing, at any time, at the sole and absolute discretion of Administrator, without any advance notice. In addition, in such cases and in all cases, the Administrator shall have the final say about whether any payments are due under the Creator Marketplace, or any Brand Creator Program or Creator Campaign. Anything herein or in any Brand Creator Program and/or Creator Campaign Contract, as the case may be, to the contrary notwithstanding, Creator agrees to refrain from removing or deleting any social media post made in accordance with any of the foregoing for a period of at least 90 days from the original post date.
4. DISCLOSURE THAT YOU ARE GETTING PAID. In all posts and communications made by you in connection with any Brand Creator Program or Creator Campaign, you will ensure to communicate to your audience and all recipients of such posts and communications that you may receive compensation resulting from such posts and communications.
5. PAYMENT. You will be entitled to payment subject to satisfying the conditions of a Creator Campaign Contract and/or a Brand Creator Program. To collect payment via the Creatable platform, you must fill in all required information in your account, as further detailed in the article “set up your payment information” on the Creatable support site (see here). Please contact email@example.com for any questions regarding payment.
6. CONFIDENTIALITY. In preparing for and contributing to the Creator Marketplace or any Brand Creator Program or Campaign, applicant may have access to information relating to the affairs of Creatable, Administrator, and/or any brand on the Creatable platform and/or the parent, subsidiaries, consultants, colleagues, contractors, and any affiliates or representatives of any of the foregoing. Applicant acknowledges and agrees that all such information, unless it is already available to the general public without restriction, is Administrator's confidential and proprietary information ("Confidential Information") and is the exclusive property of the foregoing entities, and cannot be disclosed or used in any way outside of the purposes contemplated by, and specifically permitted, under these terms and conditions.
7. WORK MADE FOR HIRE. All right, title, and interest in and to all performances, content and work created, posted or shared in connection with the Creator Marketplace, a Creator Campaign, or any Brand Creator Program, including all rights in copyrights or other intellectual property rights pertaining thereto (collectively, the “Assets”), shall be held by Administrator, and where posted in response to a Brand Creator Program or Creator Campaign, said performances, content and work shall be considered “works made for hire” by applicant for the benefit of Administrator and the applicable brand in question. Applicant hereby assigns, transfers, and conveys to Administrator (and the applicable brand in question) all right, title and interest in all such Assets, and Administrator (and the applicable brand in question) shall have the unlimited and unrestricted right to use and modify Assets for any purpose whatsoever.
8. IMAGE RELEASE. This Image Release (the "Release") sets forth the terms pursuant to which you, the Creator, consents to, releases and authorizes Creatable and Administrator (and the applicable brand in question) and their corporate affiliates and all other divisions and their affiliated companies, including but not limited to their respective designees, successors and assigns (for the purposes of this Release, all such persons/entities being included within the term "Administrator") to photograph, film, and/or use and to allow others to use the applicant’s likeness (the "Image") and any photographic image and/or video content taken of or provided by you, the Creator, and/or any content, either written or oral, provided by you, the Creator, in connection with your participation in the Creator Marketplace or any Brand Creator Program or Creator Campaign (all such work, assets and content will be hereinafter referred to as the “Materials”). Specifically, for good and valuable consideration, you, the Creator, confirms that you are at least eighteen (18) years of age as of the date of this Release. You hereby consent to, release and authorize Creatable and Administrator (and the applicable brand in question) to use the Materials in any media and in any manner for art, advertising promotion, publicity and any other trade or commercial purposes and/or any other lawful purpose whatsoever which Creatable and/or Administrator (and/or the applicable brand in question) may deem appropriate in any and all media of whatever nature throughout the world in perpetuity.
You, the Creator, further grant Creatable, Administrator, and the applicable brand in question, the absolute and irrevocable right and permission to use your name and to use, reproduce, edit, exhibit, project, display, copyright, publish, sublicense, and/or resell the Materials, including, but not limited to, written content submitted by you, photography images and/or moving pictures and/or videotaped/recorded images of you with or without your voice, or in which you may be included in whole or in part, photographed, taped, videotaped, and/or recorded on the date listed below and anytime thereafter, and to circulate the same in all forms and media (including but not limited to internet, any and all social media, including but not limited to Snapchat, Facebook, Pinterest, Google+, Twitter, Tumblr, YouTube, TikTok, and Instagram, blogs, cable and broadcast television) for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever. You also consent to the use of any printed matter in conjunction therewith.
You further represent and warrant that you have the full rights to grant the rights granted hereunder; and all of the necessary rights in and to any Materials in order to grant the licenses and bestow the ownership rights set forth in this Release, and to post and share the same in accordance with and in response to the Creator Marketplace or any Brand Creator Program or Creator Campaign, and that such Materials will not misappropriate or infringe any patent, copyright, trade secret, trademark, right of publicity or privacy or other intellectual property right. All copyright and any other rights in and to the Materials, shall be solely the property of Creatable, Administrator and the applicable brand in question in perpetuity, throughout the world in all media now known or hereafter devised. You hereby release and assign all of your rights in the Materials. Furthermore, neither Creatable, Administrator nor the applicable brand in question shall be obligated to use the Materials, including your appearance, in any form, or to provide a credit or acknowledgement to you, or to pay you for the use of the Materials. You understand and agree that all Materials are or shall become the sole and exclusive property of Creatable, Administrator and the applicable brand in question, and any and all Materials submitted by you will not be returned. Lastly, you hereby indemnify and hold harmless Creatable, Administrator, or the applicable brand in question, and any and all affiliates and representatives of any of the foregoing, for and against any damages or losses (including costs to defend any related claims) resulting from any violation, inaccuracy or misrepresentation made by you per the above representations and warranties, or elsewhere in these terms and conditions.
The Materials shall be deemed a work-made-for-hire specifically ordered and/or commissioned by Administrator and its designees and on behalf of its designees, therefore, Creatable, Administrator and the applicable brand in question shall be the author and copyright owner thereof for all purposes throughout the universe. Creatable, Administrator and the applicable brand in question shall solely and exclusively own throughout the universe in perpetuity, including renewal and extension periods, if any, all rights of every kind and nature, whether now or hereafter known or created, in and in connection with such Materials. You acknowledge and agree to the usage of the Materials for any and all uses, whether by Creatable, Administrator, or the applicable brand in question, or any other entity or person on their behalf. Further, you agree that if the foregoing does not operate to fully vest in Creatable, Administrator, and the applicable brand in question, any or all rights in the Materials, you hereby irrevocably grant, transfer, sell, convey, and assign to Creatable, Administrator, and the applicable brand in question all right, title, and interest in and to the Materials, throughout the universe in perpetuity. You confirm that such rights in and to the Materials are owned by Creatable, Administrator, or the applicable brand in question solely and exclusively and shall vest in the same immediately without reservation, condition or limitation and may not be terminated by you for any reason. You hereby waive any right to inspect or approve the Materials or any of the uses to which any portion of the Materials may be put and also waive the exercise of any "moral rights" or "droit moral" and any analogous rights however denominated in any jurisdiction of the world. You agree that Creatable, Administrator, and the applicable brand in question, their affiliates and designees, and their successors, licensees and assigns, shall have any and all rights whether now or hereafter known in the media anywhere in the world in and to any and all use of the Materials.In addition to all other commercial uses, Administrator reserves the right hereunder to release Materials to iTunes, to any website of Administrator's choosing, including but not limited to any social media and related channels including but not limited to Facebook, Snapchat, Instagram, Pinterest, TikTok, YouTube and Twitter. You acknowledge that Creatable, Administrator, and the applicable brand in question are not able to control third party use of footage once made available in these forums, and you acknowledge and release Creatable, Administrator, and the applicable brand in question and its affiliates and designees from any claims based on such third party uses. You understand that any image and video usage made on the Internet is subject to migration by action of third parties (e.g. sharing on Facebook), and you agree that neither Creatable, Administrator, or the applicable brand in question shall be liable for any such migration. You acknowledge that your participation in the Creator Marketplace, Creator Program or Creator Campaign can end at any time at the sole and absolute discretion of the Administrator. In such case, and in all cases, you shall never have any claim to additional compensation or benefits beyond that which is specifically stated and approved per a given Creator Program or Creator Campaign, including claims based upon invasion of privacy, defamation, or right of publicity, and that future use of any Materials will not require further approval by you, or compensation to you, or any other person. You also acknowledge that you may be removed from, or rejected for, any given Creator Program or Creator Campaign, and in such case you may lose entitlement to any compensation offered per the same, all in accordance with the sole and absolute discretion of the Administrator. You waive any right that you may have to inspect and/or approve any of the Materials, the finished product or products or the editorial, advertising, or printed copy or soundtrack that may be used in connection therewith, or as a derivative of any of the Materials, and forego any and all rights in and to the same in accordance with these terms and conditions.
You hereby release and discharge Creatable, Administrator, and the applicable brand in question, in each case, from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise that may occur or be produced in the making, processing, duplication, projecting or displaying of said picture, images or videos, and from liability for violation of any personal or proprietary right that you may have in conjunction with said pictures, images or videos and with the use thereof. On behalf of you, your heirs, executors and representatives, you hereby release and discharge Creatable, Administrator, and the applicable brand in question, from any and all claims, demands, causes of action and liability, including without limitation incidental or consequential damages, for bodily injury, property damage, violations of any intellectual property rights (including, also without limitation, copyright and trademark rights), any violation of any right of privacy or of publicity, or any other matter as may arise out of any acts or omissions by Creatable, Administrator, or the applicable brand in question, with respect to the subject matter of this Release and/or any of the uses set forth above to the extent in accordance this Release.
9. VIOLATION OF TERMS. Violation of terms of participation constitutes grounds for immediate removal from the Creator Marketplace, Brand Creator Program and/or Creator Campaign, as the case may be, and Creatable, Administrator, and applicable brand in question reserve the right to pursue any and all actions afforded to them by law in order to protect their rights hereunder.
EFFECTIVE AS OF OCTOBER 1, 2022