Dovetale - Terms Creators

For Creators

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, a “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”).

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.

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 an email and password login credentials by Dovetale (“User ID”) in order to use the Platform and communicate with Project Initiators 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 sign up to 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.

Facilitated Payments Withholding Consent

If Dovetale facilitates the transmission of any payments to you(each, a “Facilitated Payment”), Dovetale may in its sole discretion withhold from any such Facilitated Payment, any amounts that are payable to Dovetale by the applicable Project Initiator in connection with that Project Agreement. 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 Project Initiator 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 a Project Initiator or Project review that you submit) at our discretion, and that such submissions may be shared with Project Initiators 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.