1. ACCEPTANCE OF TERMS OF SERVICE
    

Last updated: 20 March 2022
 

1.1. 13979725 Canada Inc. , Also known as ContentJet (herein referred to as ContentJet, we, us or our) owns and operates certain web sites, including https://contentjet.io, platforms, including https://platform.contentjet.io (collectively, the “Platform”) and makes available marketing and promotional services (the ContentJet Services). All use of the ContentJet Services and Platform is subject to the terms and conditions contained in this Terms of Service Agreement, as amended from time to time (Agreement). Please read this Agreement carefully. By accessing, creating an account, browsing, or otherwise using the ContentJet Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, or use the ContentJet Services.
 

1.2 This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, supersedes all existing agreements between them concerning such subject matter, and may be modified at any time without prior notice. Any changes to this Agreement will be posted on this page and will indicate the latest revision. You may read a current, effective copy of this Agreement at any time by visiting https://contentjet.io/terms. Any such changes will become effective immediately. Continuation to browse Contentjet websites and/or use ContentJet services will constitute as your agreement to any changes made to the Agreement. In the event of any conflict of terms found between this Agreement or any other terms and conditions, end user license agreements or privacy policies, the terms of this Agreement shall prevail.
 

1.3 Additional Terms. In addition, when using ContentJet, you will be subject to any additional terms applicable to our services that may be posted on the ContentJet websites and/or services from time to time, including without limitation, ContentJet’s Privacy Policy located at https://contentjet.io/privacy/ (the “Privacy Policy”), additional terms and conditions applicable to the Brands and Creators. All such terms and conditions are hereby incorporated by reference into this Agreement.
 

1.4 ARBITRATION. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 10 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ContentJet ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED IN A COURT OF LAW.

TERMS APPLICABLE FOR CREATORS
 

5.1 Creator Eligibility
5.1.1 Any person must be 18 or older to register Creator Account on the ContentJet Platform.
5.1.2 In order to participate in any Campaigns and earn compensation via ContentJet, Creators must meet the following minimum standards:
5.1.2.1 their social media channels (including, but not limited to, Instagram and Facebook) may not contain any inappropriate, unethical, disrespectful content or content that is contrary to these Terms of Service or to the terms of use of the relevant social media platform of the Creator’s social media channels.
 

5.2 If Creator does not meet the minimum standard, Creator may not be able to participate in campaign or access the full functionality of the Platform.
 

5.3 Creator Compensation
5.3.1 Creators are compensated for the Content they create after the Content is uploaded to the Platform and accepted by Brand.
5.3.2 Creator agrees that by uploading the Content to the Platform, Creator transfers all right, title, and interest in all Intellectual Property Rights to the Content to Brand, and must not post such Content on Creator’s own social media channels, unless so permitted by Brand.
 

5.4 Terms for Participating in a Campaign
5.4.1 Content must adhere to the requirements contained in these Terms of Service, and requirements imposed by Brand and ContentJet at the time of submitting the Content for approval. ContentJet or ContentJet may reject Content which does not comply with this condition until all requirements are met.
5.4.2 Creator warrants, in respect of each piece of Content created for the Campaigns, that:
5.4.2.1 Creator is of legal age to create, own and operate social media channels;
5.4.2.2 Creator owns the Intellectual Property Rights in the Content and has the right, as applicable, to assign the Intellectual Property Rights in the Content to the Brand in the manner set out in these Terms of Service;
5.4.2.3 the Content does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
5.4.2.4 the Content does not contain any misrepresentation or suggestion that Creator or any third party has the approval or sponsorship of any other party which Creator or such third party does not have;
5.4.2.5 any and all statements in the Content regarding Creator’s use and experience of the Brand or the Brand’s products or services are true and correct and representative of Creator’s opinion regardless of whether Creator is paid for such content or not, and fairly represent Creator’s use and experience and Creator will promptly notify ContentJet if Creator’s opinion of the Brand changes from that which Creator has expressed to date;
5.4.2.6 the relevant Content does not contain any representations or material which Creator knows or suspects (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
5.4.2.7 the relevant Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by Creator in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
5.4.2.8 Creator has not entered into any other agreement, arrangement or understanding with any guild, union, industrial organization or other third party which prevents or limits Creator from adhering to these Terms of Service, performing Creator’s obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;
5.4.2.9 the use of the Content and the exercise of the Intellectual Property Rights in the Content by the Brand and ContentJet will not infringe any Intellectual Property Rights or other legal rights of any person or entity, nor give rise to a liability or any obligation to pay compensation to any person or entity.
 

5.5 Rights in Content
5.5.1. All right, title and interest in all Intellectual Property Rights in Content created will be transferred to the Brand. ContentJet reserves the right to also use the Content created for ContentJet’s own marketing and advertising purposes both on and outside The ContentJet Platform.
5.5.2 In consideration of Payment for the Content, the Creator agrees to grant in respect of each and every piece of Content:
5.5.2.1 the right to edit and re-format the Content into such formats or versions for use by Brand in such media as Brand requires;
5.5.2.2 a  transfer and assignment to Brand of all right, title, and interest in all Intellectual Property Rights to the Content created by Creator and uploaded onto the ContentJet Platform that pertains to the Brand’s product, without further notification to or consent of the Creator or any further compensation payable to the Creator. Brand grants ContentJet a royalty-free, perpetual, worldwide, irrevocable, non-exclusive, transferable license to use, edit, and re-format the Content for the sole purpose of marketing and promoting Brand and/or ContentJet (and the ContentJet products and services to which this Agreement pertains), without further notification to or consent of the Creator or any further compensation payable to the Creator;
5.5.2.3 the right to Brand to use the Creator’s identity, Creator’s and third party copyrighted work and performance in the Content and to communicate the Content to the public in all languages, in all media including but not limited to: in all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of ContentJet and internal communications of ContentJet); in all social media (including but not limited to the social media channels of Brand); in any other media (including internet website, television and radio) and in any earned media or public relations activity published by a third party (including but not limited to public or private event and print, digital and/or social media);
5.5.2.4 the right to use, share, comment upon and re-post the relevant Content in all media, including social, online, digital or other media communication channel upon which the Content was published;
5.5.3 Creator acknowledges and agrees that Brand will not be required to remove from any of its social, online, digital or other media communication channel any Content or its part or any comment, share or re-post of Content.
5.5.4 Creator acknowledges and agrees that upon uploading the Content to the Platform, the Content and all Intellectual Property Rights subsisting in Content irrevocably and immediately becomes the property of Brand). This assignment is absolute, worldwide, indefinite and for all uses and purposes including, without limitation the re-assignment of the Content to any other person or entity, licensing the Content to any other person or entity, the making of any modifications, enhancements, adaptations or versions of the Content, creating derivative works, and including any releases of the post in any medium. Creator agrees that Creator will, upon request by ContentJet, execute all documents and provide all information necessary to perfect Brand’s title in all Intellectual Property Rights in the Content.  Creator releases Brand and ContentJet, their directors, officers, employees, successors, and assigns from all liability from any claims by Creator in connection with Content uploaded at Brand’s or ContentJet’s request. 
5.5.5 Creator acknowledges and agrees that Content must not be posted to Creator’s channels or published in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by ContentJet or a Brand. In addition to Creator‘s obligation specified in item 5.4.2.8 of the Agreement, upon upload of the Content to the Platform the Creator irrevocably undertakes, without the prior written consent of Brand, not to utilize, transmit, share, disseminate, or otherwise make public Content or any of its part.
5.5.6 By uploading Content to the Platform, Creators grants to Brand and ContentJet and its successors, licensees and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all moral rights in the Content, and genuine consent to Brand and ContentJet and the successors, licensees and assigns of Brand and ContentJet, to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Content, whether in whole or in part, and whether alone or in combination with any other materials, including where such acts involve an infringement of any moral rights subsisting in the Content.
 

5.6 Creator Restraints
5.6.1 Creator agrees not to:
5.6.1.1 parody, disparage, give any adverse comment or make fun of the Brand or its products of services generally in any way;
5.6.1.2 create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines Content or the Brand or its products or services.
5.6.2 Creator acknowledges that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and ContentJet and that these Terms of Service go no further than is reasonably necessary to protect the interests of the Brand and ContentJet.