PlugTent Terms and Conditions
By using the PlugTent platform (hereinafter referred to as the “Platform”), you agree to the following terms and conditions (hereinafter referred to as the “Terms”). The Platform is owned and operated by Plugtent, Inc. (hereinafter referred to as the “Company”).
Acceptance of Terms
1.1. By accessing and using the Platform, you acknowledge and agree to these Terms. If you do not agree with any part of these Terms, you must not use the Platform.
1.2. The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the Platform constitutes acceptance of the updated Terms.
1.3. The Company may also impose limits on certain features and services or restrict your access to parts or the entire Platform without notice or liability.
Eligibility
2.1. To use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By using the Platform, you represent and warrant that you meet these eligibility requirements.
2.2. The Platform is not available to any person or entity who has been suspended or removed from the Platform by the Company or who is prohibited from receiving the Platform’s services under the applicable laws of their jurisdiction.
Account Registration
3.1. Users must create an account on the Platform to access its features. You are responsible for providing accurate and complete information during account registration and for keeping your account information updated.
3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
3.3. The Company reserves the right to refuse registration, terminate accounts, or remove or edit content at its sole discretion.
User Responsibilities
4.1. You agree to use the Platform in compliance with all applicable laws and regulations, including, but not limited to, any intellectual property, data protection, and privacy laws.
4.2. You agree not to engage in any activity that may interfere with or disrupt the operation of the Platform or the servers and networks connected to the Platform.
4.3. You agree not to use the Platform for any unlawful or fraudulent purposes or to promote, encourage, or facilitate any illegal activity.
4.4. You agree not to upload, post, or transmit any content that is defamatory, obscene, offensive, or otherwise objectionable or that infringes upon the intellectual property rights or other rights of any third party.
Intellectual Property Rights
5.1. Content creators retain all intellectual property rights to the content they submit through the Platform. This includes, but is not limited to, copyrights, trademarks, and any other applicable intellectual property rights.
5.2. By submitting content on the Platform, content creators grant the brand they are collaborating with a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and perform the content solely for the purposes of the campaign. The license granted is limited to the duration of the campaign.
5.3. Brands agree not to use content submitted by content creators on the Platform without prior approval and proper compensation, as outlined in the campaign’s terms.
5.4. If a brand is found to be using content without authorization, they may be subject to penalties or removal from the Platform.
5.5. Content creators represent and warrant that they are the original creators of the submitted content and that their content does not infringe upon the intellectual property rights of any third party.
Campaigns and Proposals
6.1. Brands create campaigns with specific goals, budgets, and requirements. Content creators can submit proposals to join campaigns, and brands have the right to accept or decline these proposals at their sole discretion.
6.2. Once a proposal is accepted, content creators are responsible for publishing their content on the agreed-upon social media platforms and within the specified time frame.
6.3. Brands and content creators agree to comply with the terms and conditions of the respective social media platforms on which the content is published.
Payment and Compensation
7.1. Content creators will be compensated based on an algorithm that calculates their contribution to the campaign’s overall goal. Payments will be processed through the Platform and credited to the creator’s wallet.
7.2. The Company may charge fees for the use of the Platform, including transaction fees or commissions on payments. The Company reserves the right to change its fee structure at any time and will provide notice of any such changes.
7.3. Users are responsible for any taxes, levies, or duties that may be applicable to their transactions on the Platform. Users agree to indemnify and hold the Company harmless from any claims or liabilities arising from the non-payment or underpayment of taxes.
Prohibited Activities
8.1. Users are prohibited from engaging in any activity that violates applicable laws, regulations, or these Terms. This includes, but is not limited to, unauthorized use of content, fraud, harassment, or any other harmful or illegal activities.
8.2. Users are prohibited from using the Platform to transmit or distribute unsolicited commercial messages, spam, or any other forms of unauthorized advertising or promotional material.
8.3. Users are prohibited from using any automated systems, bots, or scripts to access, use, or interact with the Platform without the express written consent of the Company.
Termination
9.1. The Company reserves the right to terminate or suspend user accounts at any time and for any reason, including for violations of these Terms or applicable laws.
9.2. Users may terminate their account by providing written notice to the Company. Upon termination, users will no longer have access to the Platform, and any content or data associated with their account may be deleted.
Disclaimer of Warranties and Limitation of Liability
10.1. The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, regarding the Platform’s operation or the information, content, or materials provided through the Platform.
10.2. The Company will not be liable for any damages arising from the use of the Platform or the inability to use the Platform, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
Indemnification
11.1. Users agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including attorney’s fees, arising out of or in connection with the use of the Platform or the violation of these Terms.
Governing Law and Dispute Resolution
12.1. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered, without regard to its conflict of law provisions.
12.2. Any disputes arising out of or relating to the use of the Platform or these Terms shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation, either party may submit the dispute to binding arbitration in accordance with the rules of a recognized arbitration organization in the Company’s jurisdiction.
12.3. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Privacy
13.1. The Company is committed to protecting the privacy of its users. By using the Platform, you agree to the collection, use, and disclosure of your personal information in accordance with the Company’s Privacy Policy, which is incorporated into these Terms by reference.
Third-Party Content and Services
14.1. The Platform may contain links to third-party websites, content, or services that are not owned or controlled by the Company. The Company is not responsible for the content or services provided by these third parties and disclaims any liability for any loss or damage resulting from your use of them.
14.2. Your use of third-party websites, content, or services is at your own risk and subject to the terms and conditions of the respective third parties.
Feedback and Suggestions
15.1. The Company welcomes and encourages feedback, comments, and suggestions from its users. By submitting feedback, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, modify, distribute, and incorporate your feedback into the Platform and its services without any obligation to provide attribution or compensation.
Force Majeure
16.1. The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including, but not limited to, acts of God, natural disasters, labor disputes, government actions, or any other force majeure events.
Entire Agreement
17.1. These Terms, together with any additional terms and policies referenced herein, constitute the entire agreement between you and the Company with respect to your use of the Platform and supersede all prior or contemporaneous understandings or agreements, whether written or oral, regarding the subject matter of these Terms.
Contact Information
18.1. If you have any questions, concerns, or comments about these Terms, please contact the Company at support@plugtent.com.