1. GENERAL ACCEPTANCE. In subscribing to the Creatable platform, as a creator ("Creator"), you agree to be bound by these terms and conditions of service (the “Terms of Service”). The Creatable platform, products, software, and applications are collectively referred to as “Service” in these Terms of Service, forming a binding agreement between you and Creatable.
2. ELIGIBILITY. Creatable is open to anyone who is sixteen (16) years of age or older (or of age required under applicable law) at the time of signing up. Whether someone is eligible shall be subject to the sole discretion of Creatable and a brand (a "Brand"), as applicable, for which you are participating in a campaign or program, as further outlined below (the “Administrators”).
3. LICENSE & USE OF SERVICE. You are hereby granted a license to use the service in accordance with, and subject to, these terms and conditions. The service, including trademarks, service marks and logos (“Marks”), and all software, technology, algorithms, data, and related proprietary rights, pertaining to or in any way derived from, the service (collectively, the "Service"), are all owned by or licensed to Creatable, and/or subject to copyright and other intellectual property rights under law. By using the Service, you are granted a non-exclusive, revocable, and limited license to use the Creatable trademark, logos and related marks (“Creatable Marks”) solely as used within and as part of the Service.
4. 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 Administrators in their sole and absolute discretion. 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, for which you would simply request a spot on Creatable ("Creator Campaigns"). Your participation in any Brand Creator Program is governed by these terms and conditions, along with any terms and conditions set forth by the applicable Brand. Creator Campaigns are governed by these terms and conditions, along with the specific terms applicable to the Creator Campaign, as set forth in the Creator Campaign brief and related communications. 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. With the exception of a mutually confirmed Creator Campaign, you can be suspended, removed or rejected from a Creator Campaign and/or Brand Creator Program at the sole and absolute discretion of Administrators, without any advance notice. In addition, in such cases and in all cases, the Administrators shall have the final say about whether any payments are due under the applicable 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.
5. 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.
6. PAYMENT. You may be entitled to payment subject to satisfying the conditions of a Creator Campaign 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 firstname.lastname@example.org for any questions regarding payment.
7. CONFIDENTIALITY. In preparing for and contributing to a Creator Campaign or any Brand Creator Program, you may have access to information relating to the affairs of the Administrators 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 the applicable 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.
8. WORK MADE FOR HIRE. Unless agreed otherwise on any mutually confirmed Creator Campaign, all right, title, and interest in and to all performances, content and work created, posted or shared in connection with 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 Administrators all right, title and interest in all such Assets, and Administrators shall have the unlimited and unrestricted right to use and modify Assets for any purpose whatsoever.
9. IMAGE RELEASE. Unless agreed otherwise on any mutually confirmed Creator Campaign, this Image Release (the "Release") sets forth the terms pursuant to which you, the Creator, consents to, releases and authorizes Administrators 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 "Administrators") 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 Campaign or any Brand Creator Program (all such work, assets and content will be hereinafter referred to as the “Materials”). You hereby consent to release and authorize Administrators 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 Administrators may deem appropriate in any and all media of whatever nature throughout the world in perpetuity.
Unless agreed otherwise on any mutually confirmed Creator Campaign, you, the Creator, further grant Administrators 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 Facebook, Pinterest, Google+, X, Tumblr, YouTube, TikTok, Threads, Snapchat, 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 any Creator Campaign or any Brand Creator Program, 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. Unless agreed otherwise on any mutually confirmed Creator Campaign, all copyright and any other rights in and to the Materials, shall be solely the property of Administrators throughout the world in all media now known or hereafter devised and you hereby release and assign all of your rights in the Materials. Furthermore, Administrators shall not 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, unless agreed otherwise on any mutually confirmed Creator Campaign. You understand and agree that all Materials are or shall become the sole and exclusive property of Administrators and any and all Materials submitted by you will not be returned, unless agreed otherwise on any mutually confirmed Creator Campaign. Lastly, you hereby indemnify and hold harmless Administrators 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.
Unless agreed otherwise on any mutually confirmed Creator Campaign, 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, Administrators shall be the author and copyright owner thereof for all purposes throughout the universe, and you acknowledge and agree to the usage of the Materials for any and all uses by Administrators or any other entity or person on their behalf. Further, you agree that if the foregoing does not operate to fully vest in Administrators any or all rights in the Materials, you hereby irrevocably grant, transfer, sell, convey, and assign to Administrators all right, title, and interest in and to the Materials, throughout the universe in perpetuity. Unless agreed otherwise on any mutually confirmed Creator Campaign, you confirm that such rights in and to the Materials are owned by Administrators 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. Unless agreed otherwise on any mutually confirmed Creator Campaign, 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. In addition to all other commercial uses, Administrators reserve 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 X. You acknowledge that Administrators 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 Administrators and their 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 Administrators shall not be liable for any such migration. You acknowledge that your participation in a Creator Campaign or Brand Creator Program can end at any time at the sole and absolute discretion of Administrators. 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 Campaign or Brand Creator Program.
You hereby release and discharge Administrators 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 Administrators 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 Administrators 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.
10. VIOLATION OF TERMS. Violation of these terms and conditions and/or any terms of a Creator Campaign or Brand Creator Program constitutes grounds for immediate removal from the same and Administrators 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 23, 2023