Dovetale - Terms Brands

For Brands

Last Updated: May 11, 2017

The following terms of use (the "Terms of Use") govern your access to and use of (1) the Dovetale website located at http://www.Dovetale.com (the “Website”), (2) the Dovetale online platform facilitating the matching of creators (as defined below) and other users (each, a “Project Initiator”) interested in retaining a creator to create promotional online media content, and (3) all other services provided by Dovetale, as described on the Website (collectively, the "Platform”). These Terms of Use form an agreement between Dovetale Inc. ("Dovetale", “us”, “we”, “our”) and you. The term "you" refers to the person or entity (including, but not limited to Project Initiators) visiting the Platform, browsing or otherwise using the Platform, or communicating with content creators registered with Dovetale (each, an “creator”) for the purpose of creating promotional online media content for your products or services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Platform shall mean access or use, and using shall have a corresponding meaning) the Platform, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not access or use the Platform. If you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

The Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various types of Projects and creators available on the Platform, including profiles, price quotes, and videos of creators (each, a “creator Profile”); (2) enable you to post information regarding yourself and your Project request; (3) post reviews of creators; (4) facilitate communication with creators with the objective of entering into a Project Agreement; and (5) facilitate the transmission of payments from you to the creator under a Project Agreement (“Platform Services”).

Project Agreements

The Platform permits you to view the creator Profiles of creators who have registered on our Platform and have chosen to allow you to view their creator Profiles. If you select an creator for a Project through the Platform, you may separately enter into an agreement with that creator on such terms and conditions as may be agreed to between you and that creator (“Project Agreement”). For example, the Project Agreement may contain (a) a description of the services to be provided by the creator, (b) payment terms, and (c) any other terms and conditions as communicated between you and the creator through this Platform or otherwise. You understand that you are engaging the creator you select and not Dovetale, and that Dovetale is not a party to and will be in no way responsible for the performance of either you or the creator under any Project Agreements, except for facilitating the transmission of payment from you to the creator on your instructions in accordance with these Terms of Use. Dovetale does not make any representations or warranties of any kind in respect of an creator or a Project Agreement. You are responsible for managing, inspecting, accepting and paying for services and deliverables provided under a Project Agreement in accordance with the terms and conditions thereof. You also agree to act in good faith when negotiating and performing your obligations under each Project Agreement.

Sponsored Content

In regards to branded content being produced by Creators/ influencers on Dovetale, it is best practice and legally required by the FTC to disclose any advertisements produced and distributed by influencers you work with that includes a transactional event. Dovetale is in no way responsible for brands that find/ work with influencers on the Dovetale platform and fail to disclose their connections to each other (both brand and influencer/ creator) in each post of Content. For instance, a hashtag such as #ad or #sponsored or a phrase similar to, “I’m working with [Brand Name]” are examples of what can be deemed as acceptable disclosure of the working relationship.

Platform Use

As a condition of your use of the Platform, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you shall use the Platform in accordance with these Terms of Use; and (d) all information supplied by you on the Platform is true, accurate, current and complete.

Dovetale retains the right, at its sole discretion, to deny access to anyone to the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You shall cease and desist from any such access or use immediately upon request by Dovetale.

Except where prohibited by applicable law, Dovetale reserves the right to change these Terms of Use at any time without notice. Your continued access to or use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Dovetale reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Project Initiators, Project Initiator Profiles, types of Projects, and reviews of Projects and Project Initiators) contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice.

Dovetale's recommendations feature is subject to our fair use policy. If Dovetale, in its sole discretion, determines that customer's recommendations usage is in excess of the fair usage, Dovetale may, with notification to customer, suspend, restrict and/or terminate customer's access to the recommendations tool.

License Grants

Subject to these Terms of Use, Dovetale grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Platform in accordance with these Terms of Use.

Subject to these Terms of Use, you grant to Dovetale a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (1) you load, transmit to or enter into the Platform, or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Platform Services, (B) complying with applicable law, and (C) Dovetale’s reasonable audit and data retention policies.

User Accounts

You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Platform and be issued with a username and password login credentials by Dovetale (“User ID”) in order to use the Platform and communicate with creators through the Platform. You shall not collect or harvest any personal data of any other user of Dovetale. Dovetale reserves the right to disable any User Account issued to you at any time in Dovetale’s sole discretion. If Dovetale disables access to a User Account issued to you, you may be prevented from accessing Dovetale, your account details or any Projects that are associated with your account.

Terms and Termination

These Terms of Use shall commence on the day you first use the Platform and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (1) Dovetale may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Dovetale’s discretion, by email (at your current email address on file with Dovetale) or through the Platform; (2) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted, ceasing use of the Platform and uninstalling and removing all local software components thereof.

Demographics and Location Data

All data calculated and displayed on Dovetale is done with an approximation method for engaged users on influencer postings. Using in depth audience analysis techniques, Dovetale is able to process this data, as well as cross-reference this data with industry statistics to provide the most accurate measurements possible.

Payments

All payments to Company for Service Fees for Your Account must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA & MasterCard). All payments must be made from a payment source on which you are the named Account holder. All payments are not refundable, for any reason.

You will be charged in arrears for the Services at the end of each month ("Billing Date"). If we do not receive the full amount of your Service Fees within 15 days of the Billing Date, your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 14 days of cancellation or termination of the Services. We may change our fee structure at any time with fourteen (14) days notice.

You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs.

Any attempt to defraud the Site through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.

In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

Payment Fees

You shall pay Stripe’s fees of of 2.9% +$0.3 in addition to Dovetale’s processing fee of 2.1% summating to a total of 5% for each project agreement. (See “Stripe Fees” for more detail).

Dovetale may facilitate the transmission of payments from you to the creator in connection with a Project Agreement (“Facilitated Payment”). You hereby authorize Dovetale to deduct the Fee from any such Facilitated Payment prior to transferring the remaining funds to the creator on your instructions. Dovetale is not your trustee or fiduciary in respect of any Facilitated Payments or any Project Agreements. Dovetale reserves the right, at its sole discretion, to place a hold on a Facilitated Payment, if Dovetale determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if Dovetale is required to cooperate with law enforcement.

Reviews and Comments

By submitting content to the Platform or Dovetale, including any creator or Project reviews, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant Dovetale and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Dovetale may choose to provide attribution of your Submissions (for example, listing your name and city on an creator or Project review that you submit) at our discretion, and that such submissions may be shared with creators and others using our Platform. You further grant Dovetale the right to pursue at law any person or entity that violates your or Dovetale’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and nonproprietary.

Dovetale takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Dovetale has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. You shall not post or transmit to or from the Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriated or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform. You acknowledge that Dovetale may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, are owned or licensed by Dovetale and are protected by copyright, trade-mark and other intellectual property laws.

Dovetale expressly reserves all rights in the Platform and all materials provided by Dovetale in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform, all materials provided by Dovetale in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Dovetale (or third party suppliers, if applicable), and that the Platform and all materials provided by Dovetale hereunder are licensed and not “sold” to you.

All contents of the Dovetale website are: © 2017 Dovetale Inc.