For Creators
Last Updated: June 17, 2021
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 “Campaign 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 Campaign 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 Campaigns 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 Campaign request; (3) post reviews of creators; (4) facilitate communication with creators with the objective of entering into a Campaign Agreement; and (5) facilitate the transmission of payments from you to the creator under a Campaign 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.
You may produce copy, text, video, images, photographs, graphics, messages or other materials (“Content”) pursuant to your participation in any Campaign and to post, promote, and advertise the Content through your network.
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 Campaign 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 Campaigns 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 Campaign Initiator in connection with that Campaign Agreement. Dovetale is not your trustee or fiduciary in respect of any Facilitated Payments or any Campaign 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
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
Unless otherwise agreed upon with the Campaign Initiator or any other participating parties, creator retain full Content ownership and rights to transfer content that is either produced, owned, and/ or created.