Voiceover
Terms of service
These TERMS OF USE (this “Agreement“) are agreed to between Voiceover, Inc. (“Voiceover”) and you, or if you represent a company or other entity, that company or entity (in either case, “You”).
Voiceover has developed a web-based service available through various websites (each a “Site”) and applications (each, an “Application”) operated and provided by and on behalf of Voiceover (such service, together with each Site and Application, together, the “Platform”). The Platform enables content creators (“Influencers”) to, among other things, engage with advertisers, marketers or their agents (collectively, “Marketers”) for the creation and distribution of content created by Influencers (“Tasks”).
You are interested in using the Platform. By accessing or using the Platform or Content (as defined below), You are required to agree to the terms of this Agreement. This Agreement includes the terms and conditions below and Voiceover’s then-current Privacy Policy and other policies related to Influencers. You are responsible for compliance with this Agreement (including these policies).
Unless You later enter into any the other agreements with Voiceover regarding the Platform or Content, this Agreement is the complete and exclusive agreement between You and Voiceover regarding Your access to and use of the Platform and Content. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Voiceover relating to Your use of the Platform and Content (but excluding other agreements You may have entered into with Voiceover regarding your creation of Tasks (a “Master Influencer Agreement”). In the event of any conflict between the terms of Your Master Influencer Agreement and this Agreement, the terms of this Agreement will control.
PLEASE CAREFULLY READ THIS AGREEMENT. by ACCESSING OR USING THE PLATFORM OR CONTENT, or by clicking a box that states that you accept or agree to these terms, YOU agree THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, or do not meet the qualifications included in this agreement, Voiceover IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM OR CONTENT and YOU MUST NOT ACCESS OR USE THE PLATFORM OR CONTENT. IF YOU ACCESS OR USE THE PLATFORM OR CONTENT, YOU ACKNOWLEDGE that you meet the qualifications included in this agreement and AGREE TO BE BOUND BY THIS AGREEMENT.
Voiceover has developed a web-based service available through various websites (each a “Site”) and applications (each, an “Application”) operated and provided by and on behalf of Voiceover (such service, together with each Site and Application, together, the “Platform”). The Platform enables content creators (“Influencers”) to, among other things, engage with advertisers, marketers or their agents (collectively, “Marketers”) for the creation and distribution of content created by Influencers (“Tasks”).
You are interested in using the Platform. By accessing or using the Platform or Content (as defined below), You are required to agree to the terms of this Agreement. This Agreement includes the terms and conditions below and Voiceover’s then-current Privacy Policy and other policies related to Influencers. You are responsible for compliance with this Agreement (including these policies).
Unless You later enter into any the other agreements with Voiceover regarding the Platform or Content, this Agreement is the complete and exclusive agreement between You and Voiceover regarding Your access to and use of the Platform and Content. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Voiceover relating to Your use of the Platform and Content (but excluding other agreements You may have entered into with Voiceover regarding your creation of Tasks (a “Master Influencer Agreement”). In the event of any conflict between the terms of Your Master Influencer Agreement and this Agreement, the terms of this Agreement will control.
PLEASE CAREFULLY READ THIS AGREEMENT. by ACCESSING OR USING THE PLATFORM OR CONTENT, or by clicking a box that states that you accept or agree to these terms, YOU agree THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, or do not meet the qualifications included in this agreement, Voiceover IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM OR CONTENT and YOU MUST NOT ACCESS OR USE THE PLATFORM OR CONTENT. IF YOU ACCESS OR USE THE PLATFORM OR CONTENT, YOU ACKNOWLEDGE that you meet the qualifications included in this agreement and AGREE TO BE BOUND BY THIS AGREEMENT.
Definitions
Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the India.
Term
This Agreement is entered into as of the earlier of the date You first download or install an Application, access or use the Platform or Content, or indicate your acceptance by clicking a box that states you accept this Agreement (the “Effective Date”) and will continue until terminated as set forth herein.
Modifications
PostandEarn reserves the right, at any time, to modify the Platform, Content or this Agreement, by making those modification available on the Platform or by providing notice to You as specified in this Agreement. Modifications will be effective immediately upon posting on the Platform or such other notice. You may cease using the Platform at any time if you do not agree to any modification. However, You will be deemed to have agreed to such modification through Your continued use of the Platform following such notice.
Account
You may be required to establish an account on the Platform (an “Account”) to access an Application and certain portions of the Platform. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your personal use and each Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform or Content through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify PostandEarn immediately if any Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current.
Social Media
In order use the Platform, you may be required to register and log in with one or more social media service providers, such as Instagram, Facebook, Snapchat, Youtube or Twitter. You will provide your login information, like your password, directly to such social media service providers, and not to us. The social media service providers may grant us access to certain information provided by you, and we will use, store and disclose such information in accordance with our Privacy Policy. We are not responsible for any action taken by social media service providers, or the accuracy or availability of any information provided by social media service providers.
By installing and using the Platform, you are granting permission to campaign Sponsors (brands and agencies) to run advertisements utilizing Platform that use your content and handle. This right extends solely to your Instagram and Facebook handle, and the content that you have produced specifically for that advertiser or brand, as part of the campaign you have participated in. Voiceover or campaign Sponsors will never post any content or make any changes to your Instagram account, Facebook page, or other social accounts.
Upon agreeing to participate in a Campaign Brief that includes a paid social campaign, a Creator shall be required to grant to a representative of the campaign Sponsor and to Voiceover access to a such Creator's Facebook ads manager, solely for the purposes of posting paid social media advertising through Creator's account, and for no other use whatsoever.
If any of the Sponsors permit Voiceover access to their ad manager within a social media platform, such as Facebook, Snapchat, Google, Pinterest, Linkedin, or any similar platforms, then Voiceover shall have the right to analyze aggregated data of the Sponsor, generated by said ad manager, as well as any Sponsor Content, available through the Platform, provided such use is strictly for the improvement of user experience, and only aggregated results shall be used. Voiceover warrants that it will not disclose any such data to any third party competitors of the Sponsor.
In order use the Platform, you may be required to register and log in with one or more social media service providers, such as Instagram, Facebook, Snapchat, Youtube or Twitter. You will provide your login information, like your password, directly to such social media service providers, and not to us. The social media service providers may grant us access to certain information provided by you, and we will use, store and disclose such information in accordance with our Privacy Policy. We are not responsible for any action taken by social media service providers, or the accuracy or availability of any information provided by social media service providers.
By installing and using the Platform, you are granting permission to campaign Sponsors (brands and agencies) to run advertisements utilizing Platform that use your content and handle. This right extends solely to your Instagram and Facebook handle, and the content that you have produced specifically for that advertiser or brand, as part of the campaign you have participated in. Voiceover or campaign Sponsors will never post any content or make any changes to your Instagram account, Facebook page, or other social accounts.
Upon agreeing to participate in a Campaign Brief that includes a paid social campaign, a Creator shall be required to grant to a representative of the campaign Sponsor and to Voiceover access to a such Creator's Facebook ads manager, solely for the purposes of posting paid social media advertising through Creator's account, and for no other use whatsoever.
If any of the Sponsors permit Voiceover access to their ad manager within a social media platform, such as Facebook, Snapchat, Google, Pinterest, Linkedin, or any similar platforms, then Voiceover shall have the right to analyze aggregated data of the Sponsor, generated by said ad manager, as well as any Sponsor Content, available through the Platform, provided such use is strictly for the improvement of user experience, and only aggregated results shall be used. Voiceover warrants that it will not disclose any such data to any third party competitors of the Sponsor.
User Conduct
You are responsible for your conduct and any data, text, files, video, images, information, software, music, sound, photographs, graphics, messages or other materials (collectively, "content") that you upload, share, post, submit, publish, send, display or transmit (hereinafter, "transmit") via the Platform.
You agree not to use the Platform to:
- transmit content in any manner that infringes on any intellectual property or other proprietary rights of any party;
- transmit content that is unlawful or promotes unlawful activity or provides instructional information about unlawful activities, or that is harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, sexually suggestive, libelous, invasive of another's privacy (or creates a privacy or security risk to any person), or racially or ethnically hateful;
- transmit content that constitutes unsolicited or unauthorized advertising or promotional materials or commercial activities;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit any software viruses, spyware, worms, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other equipment; or
- violate any applicable local, state, national or international law or regulation or judicial or administrative order.
You agree not to use the Platform to:
- transmit content in any manner that infringes on any intellectual property or other proprietary rights of any party;
- transmit content that is unlawful or promotes unlawful activity or provides instructional information about unlawful activities, or that is harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, sexually suggestive, libelous, invasive of another's privacy (or creates a privacy or security risk to any person), or racially or ethnically hateful;
- transmit content that constitutes unsolicited or unauthorized advertising or promotional materials or commercial activities;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit any software viruses, spyware, worms, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other equipment; or
- violate any applicable local, state, national or international law or regulation or judicial or administrative order.
Data Privacy
You expressly consent to the use and disclosure of personally identifiable and other data and information as described in the Privacy Policy. Notwithstanding anything in the Privacy Policy, Voiceover will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Your access to and use of the Platform or Content. To the extent any such data or information is collected or generated by Voiceover, the data and information will be solely owned by Voiceover and may be used by Voiceover for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as the source thereof.
You expressly consent to the use and disclosure of personally identifiable and other data and information as described in the Privacy Policy. Notwithstanding anything in the Privacy Policy, Voiceover will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Your access to and use of the Platform or Content. To the extent any such data or information is collected or generated by Voiceover, the data and information will be solely owned by Voiceover and may be used by Voiceover for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as the source thereof.
Additional Terms
Unless otherwise amended as provided herein, or as otherwise provided herein, this Agreement will exclusively govern Your access to and use of the Platform and Content, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Platform and Content. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Voiceover. Any assignment in violation of the foregoing will be null and void. Voiceover may assign this Agreement to any party that assumes Voiceover’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Platform or Content may contain links to third-party sites that are not under the control of Voiceover. Voiceover is not responsible for any content on any linked site and You access any third-party site from the Platform or Content at Your own risk. Voiceover may reference You as a user of the Platform and use Your name and logo, as applicable, in listings of users of the Platform appearing on the Platform and for other marketing and promotional purposes relating to the Platform.
Unless otherwise amended as provided herein, or as otherwise provided herein, this Agreement will exclusively govern Your access to and use of the Platform and Content, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Platform and Content. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Voiceover. Any assignment in violation of the foregoing will be null and void. Voiceover may assign this Agreement to any party that assumes Voiceover’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Platform or Content may contain links to third-party sites that are not under the control of Voiceover. Voiceover is not responsible for any content on any linked site and You access any third-party site from the Platform or Content at Your own risk. Voiceover may reference You as a user of the Platform and use Your name and logo, as applicable, in listings of users of the Platform appearing on the Platform and for other marketing and promotional purposes relating to the Platform.