VoxFeed | Terms & Conditions
Terms and Conditions
## 1. ACCEPTANCE OF TERMS AND CONDITIONS
These Terms will govern the use of the VOXFEED PLATFORM® or their licensed Private labels with the legend “Powered by VoxFeed” by all Content Creators and Advertisers that are registered through www.voxfeed.com or the Private label’s portals. Content Creators and Advertisers are hereinafter referred to as “Users”. The purpose of these Terms is to inform Users what their rights and obligations are once they have entered into a legally binding agreement with VOXFEED® or its Private Labels. Each User agrees and acknowledges that by checking the “I accept” box during the registration phase, he/she automatically accepts and is bound to these Terms, and all future amendments.
## 2. DEFINITIONS
“Voxfeed Inc.” is the owner and administrator of the VOXFEED PLATFORM®, and the VOXFEED®. brand.
“Advertiser” is a natural person or legal person on whose behalf a registration has been completed on the VOXFEED PLATFORM®, and who makes deposits in order to use Advertising Campaigns.
“Advertising Campaign” is a mutual agreement between Advertiser and Content Creator, by which Content Creator creates content and shares this on its social networks, participates in any activity or attends events on behalf of the Advertiser.
“Content Creator” is any natural or legal person who publishes messages through the VOXFEED PLATFORM® or Private Label.
“Brief” contains the summary of the services that Content Creator will provide, including the guidelines of each advertising campaign, such as specific “mentions”, “hashtags”, and other conditions that can be found on the following URL:
“VOXFEED PLATFORM®” is the technology environment upon which the collaborations between the “Advertiser” and “Content Creator” takes place. VOXFEED® may license the technology to a third party through a Private label. In that case, the user accepts to comply with these Terms in addition to the Private Label company Terms.
## 3. ELIGIBILITY USERS
In order to be able to register, Users should be eighteen (18) years of age or older and with sufficient legal capacity to commit to these Terms. In the event a legal person registers, it must be legally incorporated, in full compliance and good standing with all applicable laws.
## 4. OBLIGATIONS OF CONTENT CREATORS
The Content Creator warrants that all messages and other information he/she publishes, will be original, appropriate and authentic. In order to be qualified to receive his/her due payments, all content must have been published on the VOXFEED PLATFORM® or Private Label and the agreed social network for a minimum period of at least 7 (seven) days without editing, erasing, hiding, archiving or making the publication private.
In addition, the Content Creator must work according to all the requirements and instructions stated in the Brief. Content Creators are allowed to delete their publication after 7 (seven) days have passed, and are still eligible to receive their payments. However, in order to avoid being penalized, Content Creators must keep their publications permanently on the social networks on which these are published.
Content Creators must refrain from using computer-based or other automated tools and internal rating systems that generate false interactions or results with respect to the published content. The VOXFEED PLATFORM® reserves the right to cancel any publication and terminate Content Creator’s account in the event he/she uses deceitful or unfair practices. Before publication, all content will be subject to verification and approval by the VOXFEED PLATFORM®. Content Creators shall not publish their personal contact information or that from third parties, or any other information that is considered confidential under any legal obligation or agreement, and Content Creator indemnifies and holds VOXFEED harmless from any damages that result from such actions.
In the case of the PRIVATE LABEL “MVS Talent”, the minimum number of days that the content must be publicly available on the social network of the “Content Creator” will be 30 (thirty) to be eligible for payment. In case of deleting, editing, hiding, making the publication private, or failing to comply with the provisions of the brief, the participation will be penalized and payment to the “Content Creator” canceled. Any modification or deletion after the minimum 30 days the account will be credited with a sanction to its reliability score.
## 5. CAMPAIGN CANCELLATION
Once the Advertiser added credit to its account on the platform, the Advertiser may cancel the publication of the Campaign at any given time and without incurring further costs, provided that such a cancellation is made before any advertising message is published. In the event the Advertiser cancels a Campaign after the start of its publication, the Advertiser will be charged and must pay all publication fees incurred prior to the moment of cancellation.
All credit added or transferred to the platform is non-refundable. In the event remaining credit exists, for example as a result of a cancelled campaign, this amount shall be available for future campaigns up to one (1) year after the start of that campaign. After the expiration of that period, VOXFEED has no obligation of returning the credit or offering services to the Advertiser.
## 6. CAMPAIGN AMENDMENTS
Once a Campaign has started, the Advertiser has the right to make changes to the guidelines in the Brief related to that Campaign, with the only condition to exempt advertising messages that have already been added to the VOXFEED PLATFORM® and have been generated based on the guidelines initially set forth in the “Brief.” Once all pending advertising messages related to the initial “Brief” have been published, the Advertiser may make changes for generating new publications as per the new guidelines. This process may be repeated as many times as desired by the Advertiser, provided that all previously established terms and conditions are fulfilled.
## 7. USER ACCEPTANCE AND/OR DELETION
VOXFEED reserves the right at any moment and without prior notice after the acceptance of Users, to terminate and delete their account including all messages and content published by them on the VOXFEED PLATFORM®. Furthermore, Users accept that their VOXFEED PLATFORM® accounts are strictly personal, non-assignable, and non-transferrable.
Users accept that by using VOXFEED® are agreeing to be bound to the Terms and Conditions of the social Networks they link, give access to, and/or participate with, including [Youtube’s Terms of Service](https://www.youtube.com/t/terms)
## 8. PRIVACY POLICIES
## 9. NO OFF PLATFORMING
Registered Users agree to refrain from interacting directly with the other User, and will exclusively communicate through the VOXFEED PLATFORM®. VOXFEED may at all times monitor and/or review the publishing methods and practices of the Content Creator. In addition, Users refrain from sending or receiving funds outside the VOXFEED PLATFORM®.
## 10. MODIFICATIONS
Users acknowledge and agree that VOXFEED may at our sole discretion modify or change these terms and conditions from time to time and without prior notice to the Users. When you as a User disagree with the new Terms, the subscription to VOXFEED PLATFORM® may be canceled. Such a cancellation of the subscription can be realized by following the steps on the VOXFEED PLATFORM®.
## 11. PAYMENTS TO CONTENT CREATORS
VOXFEED or Private Label, together with the Advertiser, shall determine the exact amount that is paid to the Content Creator, which is automatically calculated based on the level of influence of each publication, and taking a number of other factors into account, including, but not limited to, the number of followers, estimated interactions per publication and the quality of the content. The amount resulting from that calculation shall be paid to the Content Creator as per the procedure on the VOXFEED PLATFORM®. Users acknowledge that VOXFEED holds no responsability over the participation and payment fulfillment by the Users for campaigns with payments in kind. VOXFEED may withhold accrued, or recently earned payments if the Content Creator fails to comply with his/her obligations in these Terms. VOXFEED may modify the payment procedure. The continued use of the VOXFEED PLATFORM® means that Content Creators automatically agree with modifications of the payment procedure. The “Content Creator” acknowledges that payment will be received in the time agreed upon. This is through the period of the “brief” plus the days corresponding to the chosen payment method. Or when payment is received by VoxFeed for the campaign by the ” Advertiser “, whatever happens later. For the Private Label, the licensed company it is responsible for the fulfillment of the payments and obligations generated through the agreements on their VOXFEED PLATFORM® Private label.
VOXFEED® reserves the right to contact the “Content Creator” for payment and tax compliance purposes.
## 12. ADVERTISING CAMPAIGNS
Advertisers that have completed a valid registration on the VOXFEED PLATFORM® may make deposits for the purpose of undertaking advertising campaigns as per the procedure set in place on the VOXFEED PLATFORM®.
## 13. USERNAME AND PASSWORD
Content Creators and Advertisers will have a Username and Password as part of the registration process on the VOXFEED PLATFORM®. Users will be solely responsible for protecting their login credentials. In the event of loss or misuse by a third-party of the login credentials, or when there is a suspicion this is the case, Users will notify VOXFEED without delay at: email@example.com
## 14. NO WARRANTY
Each User understands and agrees that VOXFEED makes no representations or warranties with respect to the services we offer on the VOXFEED PLATFORM® or Private labels. With respect to all our services, we disclaim to the fullest extent of the applicable law all warranties, express, implied or statutory, including any warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy, completeness, compatibility, or otherwise. We do not warrant that the VOXFEED PLATFORM® will be error-free or that defects thereon will be corrected. All Users expressly agree that the use of the VOXFEED PLATFORM® is at their own risk.
## 15. INDEMNITY
To the extent permitted by all applicable laws, each User agrees to defend, indemnify, and hold VOXFEED harmless from and against any and all claims, damages, losses, liabilities, costs, debts and expenses (including, but not limited to reasonable attorneys’ fees) arising from or relating to: (i) your use of and the access to the VOXFEED PLATFORM®; (ii) your violation of any term of these terms and conditions; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law or regulation.
## 16. DISCLAIMER
VOXFEED is never responsible for the quality or the lawfulness of the services offered by the Advertisers, nor the truthfulness, lawfulness or objectivity of the messages or information published by Content Creators on the VOXFEED PLATFORM®. All Users remain solely responsible for the truthfulness and lawfulness of all the information that is published on the VOXFEED PLATFORM®.
## 17. CONTENT LICENSE
VOXFEED represents and warrants that the content created as a result of the use of the VOXFEED PLATFORM®, has been created by the Content Creator, and Content Creator grants VOXFEED Private label all the rights attached to the publication as a result of the campaign. The Content Creator shall only use content on their own blog or social network provided that these publications remain faithful to the original publication. In addition, Content Creator’s content may only be used for promotional purposes, and Content Creator shall refrain from using these publications for generating profit outside the VOXFEED PLATFORM®.
All content created through the VOXFEED PLATFORM® shall remain the property of VOXFEED, with the exception of content that has been exclusively created for permanent use and paid for by the Advertiser. In the event of an extension of a campaign, Advertiser must pay corresponding royalties to VOXFEED or Private label so that the Content Creator can keep performing the campaign.
Advertisers may use Content Creator’s campaigns, publications and mentions both within the digital environment of the VOXFEED PLATFORM® and in other digital environments, and for the period the Advertisers have paid for. However, the Advertiser must not start a campaign or publication, other than those outlined in the Brief on printed material, including but not limited to billboards, magazines, newspapers, catalogs or banners. In the event Advertiser violates this restriction, it must pay to VOXFEED a compensation based on the market value and/or rate of such a publication, and this subsequently will be reflected in an agreement with the Content Creator.
VOXFEED or Private label may publish any publication or use User’s campaigns for promotional purposes, regardless of whether these publications have generated revenue. Content Creator is not eligible to receive any compensation for the aforementioned use of his/her publications. Furthermore, VOXFEED or Private label agrees to always credit the “Content Creator” on any mention that they have made as part of the campaign.
In the event the Content Creator wishes to stop representing Advertiser’s brand or company by withdrawing one or more publications, the Content Creator must pay an amount fixed by mutual agreement with the Advertiser, which is based on the market value of the publications that in violation of these Terms and the Brief has been withdrawn by the Content Creator. VOXFEED waives its liability for the content created by the Content Creator on the social network where it has been published.
The Content Creator shall be solely responsible for any plagiarism, imitation or copies in his/her publications, and VOXFEED explicitly waives its liability for content that may infringe third-parties’ rights. In addition, Users may not grant (sub-) licenses of any kind to third parties with respect to the campaigns and content, and these remain the exclusive property of VOXFEED, unless otherwise and expressly agreed in writing by the Parties.
Similarly, VOXFEED® may mention the brand name of the “Advertiser”, “Partner”, campaign, results or general objective of the campaign, as well as share content generated for the campaign through the VOXFEED® platform for promotional and institutional purposes for the benefit of VOXFEED®, without generating brand conflicts or royalties, in physical or digital media.
## 18. FORBIDDEN USE IP RIGHTS
Any distribution, publication or commercial or promotional use of the VOXFEED PLATFORM®, or any content, code, data or material from the VOXFEED PLATFORM® is strictly forbidden, unless expressly authorized in writing by VOXFEED. No unauthorized person may download, expose, publish, copy, reproduce, distribute, transmit, modify, disclose, transfer, create derivative work from, sell or otherwise profit from the content, code, data or materials in, or made available through, the VOXFEED PLATFORM®. Users shall refrain from altering, editing, deleting, removing or otherwise changing the meaning or look of, or change the purpose of, any of the content, codes, data or materials available through the VOXFEED PLATFORM®, including and without limitation, altering or removing any brand name, trademark, logo, commercial notice, service mark, or other ownership-related content or property rights. Users acknowledge and agree that they do not acquire any property or copyrights by downloading any copyrighted material from, or through, the VOXFEED PLATFORM®. If Users use content, codes, data or materials accessible through the VOXFEED PLATFORM®, for other purposes than those permitted by operation of these Terms, they are in violation of the applicable intellectual property and copyright laws, and Users may be subject to liability for such unauthorized use.
## 19. TRADEMARKS
All Trademarks that are not owned by VOXFEED and which appear on the VOXFEED PLATFORM® are the property of their respective owners and used by VOXFEED with their permission. These trademarks on the VOXFEED PLATFORM® shall in no way be construed as a license to use that trademark. Unauthorized use of each trademark on the VOXFEED PLATFORM® is strictly forbidden. Furthermore, in the event that a third party is not the lawful owner or licensee for the use of certain trademarks, and this unauthorized third party grants VOXFEED the rights to use one or more trademarks, that third party agrees to indemnify and hold VOXFEED harmless from any claim resulting from such unlawful use of that Trademark.
## 20. NO EMPLOYMENT RELATIONSHIP
VOXFEED or Private label engages the services of Content Creator as an independent contractor, and he/she represents that he/she is in business as an independent contractor. Content Creators expressly acknowledge that nothing in these Terms is intended to establish an employment relationship with VOXFEED or Private label.
## 21. TAXES
Each User shall be solely responsible for the payment of their own taxes resulting from the use of VOXFEED PLATFORM®.
## 22. TERM
The services rendered through the VOXFEED PLATFORM® are for an indefinite period of time. However, VOXFEED may terminate, suspend or interrupt the VOXFEED PLATFORM® at any time and without prior notice, and we explicitly waive our liability as a result of such a termination, suspension or interruption of our services.
## 23. NOTIFICATIONS
Any notification to VOXFEED by the Users shall be sent to the following e-mail address: firstname.lastname@example.org, and we recommend all Users to make use of a read receipt and delivery notification in order to make sure the aforementioned e-mail was properly delivered to us.
## 24. APPLICABLE LAW AND JURISDICTION
This Agreement, including any annexes and amendments thereto, is governed by the law of the State of California. Any disputes arising between the Parties relating to, arising out of or in any way connected with this Agreement shall be exclusively submitted to the competent court in the State of California.