1. ACCEPTANCE OF TERMS OF SERVICE
1.1. ContentJet Marketing Services FZCO., (referred to as ContentJet, we, us, or our) is the owner and operator of specific websites, including https://contentjet.com and https://contentjet.io, collectively referred to as the “Platform.” ContentJet provides marketing and promotional services (referred to as the ContentJet Services). Your use of the ContentJet Services and Platform is governed by the terms and conditions outlined in this Terms of Service Agreement (the “Agreement”), which may be amended periodically. Please carefully review this Agreement. By accessing, creating an account, browsing, or using the ContentJet Services, you acknowledge that you have read, comprehended, and accepted the terms of this Agreement. If you do not agree to the terms and conditions herein, you must refrain from accessing, browsing, or utilizing the ContentJet Services.
1.2 This Agreement represents the complete agreement between the involved parties regarding the subject matter and supersedes all prior agreements. It is subject to modifications without prior notice, and any changes will be posted on this page with the latest revision indicated. You can review the current, effective version of this Agreement at any time by visiting https://contentjet.com/terms. These changes will take immediate effect. By continuing to browse ContentJet websites and/or using ContentJet services, you signify your acceptance of any modifications to the Agreement. In cases of conflicting terms between this Agreement and any other terms and conditions, end user license agreements, or privacy policies, the terms of this Agreement will prevail.
1.3 Additional Terms. When using ContentJet, you may be subject to additional terms that apply to our services, which may be posted on ContentJet websites and/or services from time to time. These additional terms include, but are not limited to, ContentJet’s Privacy Policy, available at https://contentjet.com/privacy (the “Privacy Policy”), as well as specific terms and conditions relevant to Brands and Creators. All such terms and conditions are hereby incorporated into this Agreement by reference.
1.4 ARBITRATION. PLEASE CAREFULLY REVIEW THIS AGREEMENT, AS IT INCLUDES AN AGREEMENT TO ARBITRATE AND OTHER SIGNIFICANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 10 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH, WITH LIMITED EXCEPTION, REQUIRES YOU TO RESOLVE CLAIMS YOU HAVE AGAINST US THROUGH BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE ABLE 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 ABLE 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.
2. PROVISION OF THE SERVICES
2.1 The ContentJet platform’s primary purpose is to provide businesses (referred to as “Brands” , “Client” or “Clients”) with user-generated content, video ad creatives, and branded ads (collectively, the “Service”). ContentJet also collaborates with the user community on social media (referred to as “Creators”) to facilitate social media marketing, user-generated content, and various campaigns. This includes managing relationships, organizing product/service giveaways, enabling user-generated content orders, and distributing content on social media, all while complying with these Terms of Service. In these Terms of Service, Brands and Creators are collectively and individually referred to as “users” or “you” depending on the context. When a Brand acts on behalf of its clients, ContentJet and the Creator confirm that the Agreement does not restrict the Brand from sharing content with its clients.
2.2 Your access to and usage of the ContentJet Platform and our services are contingent upon your agreement to and acceptance of these Terms of Service. Continuing to use the ContentJet Platform implies your acceptance of these Terms of Service. If you do not wish to be bound by these terms, please refrain from using our services.
2.3 ContentJet reserves the right to make revisions to these Terms of Service at any time by updating this page. These revisions will take immediate effect and may impact your ability to use the Platform or our services. Since you are bound by these Terms of Use each time you use the ContentJet Platform, you should review these Terms of Service for any changes whenever you use it or when prompted to do so. Your use of the ContentJet Platform or our services following the posting of any revisions constitutes your acceptance of those changes.
2.4 ContentJet retains the right to alter the Platform and the extent of our service offerings as it deems fit. Even if you have an Account, your access to and use of the ContentJet Platform can be terminated at any time without prior notice.
2.5 Any expenses associated with using the ContentJet Platform or our services are your responsibility and depend on the service provider used.
2.6 Certain ContentJet products or services, including but not limited to user-generated content, video ad creatives, branded ads, product and brand photography, and custom orders (collectively, the “Services”), may only be available online and have limited quantities and availability. We reserve the right to limit the sale of our Services to specific individuals, geographic regions, or jurisdictions, as determined on a case-by-case basis. Descriptions and pricing of the Services are subject to change at our sole discretion, and we reserve the right to discontinue any Service at any time. Any offers for Services on this site are void where prohibited.
2.7 We do not guarantee that the quality of any Services, information, or other materials obtained through ContentJet will meet your expectations, nor do we guarantee that any errors in ContentJet will be corrected.
2.8 Our Service delivery deadlines are typically within two weeks after we approve a video request submitted by a Brand. However, we will make every effort to deliver our service to Brands within 3 – 5 business days of the video request approval by us. We reserve the right to adjust or change delivery timelines with notice, such as due to unforeseen circumstances or force majeure events. Timely communication with us at different stages of Services delivery affects the delivery time, and we are not responsible for delays resulting from your failure to communicate with us promptly.
2.9 The scope of Services must be approved by you through a brief sent via our online platform, email, Slack, or Monday.com. Once the brief is sent to Creators, Brands are not entitled to request changes or modifications to the defined Services’ scope.
2.10 A ‘revision’ is defined as any change to content that has already been delivered to you as part of the Services (e.g., design and copy changes or tweaks). The term ‘revision’ excludes correcting mistakes made by us in post-production, which will be referred to as ‘corrections.’ If corrections are needed, you agree to promptly request them. We reserve the right, at our sole discretion, to modify the definition of ‘revision’ at any time. You are entitled to one revision round per piece of content delivered if it requires refilming the content and unlimited revision rounds if the revision can be done in post-production without refilming. Revision requests should be submitted within 7 days of receiving the content. If the delivery of Services constitutes a ‘package,’ you must submit all revision requests as a single request. Any requests related to changing submitted content that do not fall under a revision will incur an additional service fee.
2.11 The relevant Brand is solely responsible for:
2.11.1 Providing Creators with accurate and comprehensive descriptions of Content requirements (referred to as the “Campaign Brief”).
2.11.2 Ensuring free product giveaways or service trials.
2.11.3 Approving campaign participants and content created for the Brand in a timely manner.
2.12. Creators are solely responsible for:
2.12.1 Providing accurate and up-to-date personal, contact, and social media account information, including Paypal or bank account information for ContentJet to transfer earned commissions.
2.12.2 Ensuring compliance with the Campaign Brief and other pre-specified requirements. ContentJet reserves the right to decline Creators’ work until the requirements match desired standards.
2.12.3 Timely delivery in accordance with the Campaign Brief and other pre-specified requirements.
2.12.4 Including necessary information as required by ContentJet, the Brand, or governing law when publishing on social media channels, subject to agreement by the Brand, including but not limited to ad disclaimers.
2.13 Creators and Brands agree not to attempt to negotiate terms or payment for social media marketing campaigns or user-generated content.
3. TERMS APPLICABLE FOR CREATORS
TERMS APPLICABLE FOR CREATORS
3.1 Creator Eligibility
3.1.1 Registration for a Creator Account on the ContentJet Platform requires individuals to be 18 years of age or older.
3.1.2 To participate in Campaigns and earn compensation through ContentJet, Creators must meet the following minimum standards:
3.1.2.1 Their social media channels, including but not limited to Instagram and Facebook, must not contain inappropriate, unethical, disrespectful content, or content contrary to these Terms of Service or the terms of use of the relevant social media platform of the Creator’s social media channels.
3.2 Failure to meet the minimum standard may result in the inability to participate in campaigns or access the full functionality of the Platform.
3.3 Creator Compensation
3.3.1 Compensation for the Content created by Creators is provided once the Content is submitted to us and accepted by the Brand.
3.3.2 By creating Content for us, Creators agree to transfer all right, title, and interest in all Intellectual Property Rights to the Content to the Brand. Creators must not post such Content on their social media channels unless permitted by the Brand.
3.4 Terms for Participating in a Campaign
3.4.1 Content must adhere to the requirements outlined in these Terms of Service and the requirements set by the Brand and ContentJet when submitting the Content for approval. ContentJet or ContentJet may reject Content that does not comply with these conditions until all requirements are met.
3.4.2 For each piece of Content created for Campaigns, Creators warrant that:
3.4.2.1 They are of legal age to create, own, and operate social media channels.
3.4.2.2 They own the Intellectual Property Rights in the Content and have the right to assign the Intellectual Property Rights to the Brand as specified in these Terms of Service.
3.4.2.3 The Content does not infringe upon the privacy, contract rights, or other rights (including Intellectual Property Rights) of any person, corporation, or entity.
3.4.2.4 The Content does not contain any misrepresentation or suggestion that the Creator or any third party has the approval or sponsorship of any other party that they do not have.
3.4.2.5 All statements in the Content regarding the Creator’s use and experience of the Brand or the Brand’s products or services are true, correct, and represent the Creator’s opinion,
whether paid for such content or not. The statements must accurately represent the Creator’s use and experience, and any change in opinion must be promptly notified to ContentJet.
3.4.2.6 The Content does not contain any false, misleading, or deceptive representations or material.
3.4.2.7 The Content is original, has not been previously published on social media channels, and does not infringe upon the rights of any third party.
3.4.2.8 They have not entered into agreements that conflict with these Terms of Service or limit their ability to adhere to these terms.
3.4.2.9 The use of the Content and the exercise of the Intellectual Property Rights by the Brand and ContentJet will not infringe upon the rights of any person or entity or result in liability or obligations to pay compensation.
3.5 Rights in Content
3.5.1 All Intellectual Property Rights in the created Content are transferred to the Brand. ContentJet may also use the Content for its marketing and advertising purposes, both on and outside the ContentJet Platform.
3.5.2 In consideration of payment for the Content, Creators grant the following rights in respect of each piece of Content:
3.5.2.1 The right to edit and re-format the Content for use by the Brand as needed.
3.5.2.2 The transfer and assignment to Brand of all Intellectual Property Rights in the Content pertaining to the Brand’s product.
3.5.2.3 The right to use the Creator’s identity, copyrighted work, and performance in the Content.
3.5.2.4 The right to use, share, comment upon, and re-post the Content in all media.
3.5.3 Creators acknowledge that Brand is not required to remove any Content from its communication channels.
3.5.4 Upon submitting the Content, all Intellectual Property Rights in the Content become the property of the Brand, and Creators agree to execute any necessary documents to perfect Brand’s title.
3.5.4 Upon submitting the Content, all Intellectual Property Rights in the Content become the property of the Brand, and Creators agree to execute any necessary documents to perfect Brand’s title.
3.5.5 Creators waive all moral rights in the Content and consent to Brand’s use, reproduction, publication, adaptation, and modification of the Content.
3.6 Creator Restraints
3.6.1 Creators agree not to:
3.6.1.1 Parody, disparage, make adverse comments, or make fun of the Brand or its products or services in any way.
3.6.1.2 Create posts or materials that detract from or undermine the Content or the Brand.
3.6.2 Creators acknowledge that these restrictions are reasonable and necessary to protect the interests of the Brand and ContentJet.
3. ADDITIONAL TERMS FOR BRANDS
4.1 Further Terms for Brand Accounts
4.1.1 Brand Accounts will be invoiced and charged upfront for each service ordered. Detailed information on ContentJet’s pricing and charges can be found on our pricing page at https://contentjet.io/pricing/.
4.1.2 Concerning Campaigns, Brands acknowledge and agree that their use of any Content is strictly conditional upon payment for the Campaign and only in accordance with these Terms of Service.
4.1.3 ContentJet reserves the right to reject Campaigns and/or Brands that promote nudity, religious beliefs, violence, forbidden substances, or any Brands that may cause conflicts of interest. ContentJet also reserves the right to reject Content that promotes nudity, religious beliefs, violence, and forbidden substances.
4.2 Payment Terms for Brands
4.2.1 Some of our services may require a purchase or fee for access. You must provide accurate and current purchase and account information for all transactions made through the site. It is your responsibility to update your account and payment information, including email address, payment method, and payment card expiration date promptly, to complete your transactions and receive necessary communications. We bill you through an online billing account for platform purchases, and any required sales tax will be added to the purchase price. Prices are subject to change at any time, and all payments shall be made in U.S. dollars.
4.2.2 By making a purchase, you agree to pay all applicable charges or fees at the prices then in effect, and you authorize us to charge your chosen payment provider for these amounts when making a purchase. For recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each charge until you cancel the service.
4.2.3 Brands may request an Invoice for anticipated fees and charges during a Campaign before the Campaign begins.
4.2.4 Brands may be required to make an additional advanced payment for the Campaign if ContentJet, under its sole discretion, identifies a threat to the Creator’s interest.
4.2.5 ContentJet retains the right to refuse any Invoice request at its sole discretion.
4.2.6 When an Invoice does not specify payment terms or if no other written agreement exists with ContentJet, the following standard payment terms apply:
4.2.6.1 Credit card transactions are charged upfront.
4.2.7 We reserve the right to correct any pricing errors or mistakes, and we may refuse any orders placed through the site.
4.3 Payment of all Invoices is due in accordance with these Terms of Service.
4.4 When creating a Campaign for your Brand, you affirm that you are an authorized user of the nominated card or account and that you will pay the applicable charges. You must not pay or attempt to pay any charges through fraudulent or unlawful means. Upon receiving your Campaign, we may conduct a standard pre-authorization check of your nominated card or account to verify the details and ensure sufficient funds to cover the Campaign Budget. The relevant Campaign may not begin until this pre-authorization check is completed.
4.5 If you fail to pay any charges or if we cannot successfully process your payment within the required timeframe, we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum, but not less than $10.00 per month. This amount reasonably covers costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities and remove access to the ContentJet Platform or suspend and terminate access to any current Campaigns in the event of payment failure.
4.6 Terms for Campaigns
4.6.1 ContentJet, at its sole discretion, retains the right to reject Campaigns that do not comply with these Terms of Service or applicable law.
4.6.2 When creating a Campaign, you agree to the calculated price per Content and confirm the Campaign budget.
4.6.3 You must not attempt to instruct, coerce, or manipulate Creators to conceal the commercial relationship between the Brand (Advertiser) and the Creator. Such attempts may result in the immediate removal of the Brand from the ContentJet Platform.
4.6.4 You acknowledge and agree that your right to use Content is strictly limited in accordance with these Terms of Service.
4.6.5 You warrant that:
4.6.5.1 You own the Intellectual Property Rights in Content you upload to the ContentJet Platform and have the right to license the Content to ContentJet and Creators as outlined in these Terms of Service.
4.6.5.2 You have the right to license the Content to ContentJet and Creators as outlined in these Terms of Service.
4.6.5.3 You will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity that it does not have.
4.6.5.4 Any Content you upload does not contain false, misleading, or deceptive representations or material.
4.6.6 Brands acknowledge that Creators are independent third parties and not directly controlled by ContentJet. Consequently, any Content may inherently include negative or unflattering comments about Brand’s content, products, or services.
4.6.7 You acknowledge that ContentJet has not made any warranties regarding the success of any Campaign, your business or commercial performance, or the Content, Campaign, channel, media, marketing communication channel, marketing or advertising campaign, promotion, or advertisement.
4.7 Use of Content for Marketing
4.7.1 ContentJet reserves the right to use the Content created for Brands in our marketing materials, including but not limited to our website, to showcase examples of our work and the quality of our services, unless expressly agreed otherwise in writing with the Brand. This use may include displaying the Content, with appropriate attribution to the Brand, as part of our portfolio and promotional materials to demonstrate the capabilities of the ContentJet Platform.
5. CONTENTJET INTELLECTUAL PROPERTY
5.1 All ContentJet materials on the ContentJet Platform are protected by all applicable laws, including copyright and trademark laws, unless otherwise specifically noted, and may not be used except as permitted in these Terms of Service. Nothing in these Terms of Service shall be construed as a transfer, assignment, or grant of any ownership rights in any Intellectual Property Rights related to the ContentJet materials to a Brand or Creator.
5.2 All right, title, and interest in all Intellectual Property Rights related to ContentJet’s brands, logos, images, buttons, codes, layout, text, content, and products and services as displayed on the ContentJet Platform (“the Brand Features”) are the property of ContentJet and shall always remain vested in ContentJet. Your use of the ContentJet Platform shall not, under any circumstances, be considered a transfer, assignment, or grant of any ownership rights in any of the Brand Features or the ContentJet Platform. ContentJet, on a case-by-case basis and as needed, grants you a limited, non-exclusive license to use the Brand Features solely for the purpose and to the extent necessary to enable you to use the ContentJet Platform.
5.CREATORS & BRAND REPRESENTATIONS AND WARRANTIES
6.1 Creators and Brands participating in the ContentJet Platform warrant, represent, and covenant that:
6.1.1 All information you provide to ContentJet upon registering for an Account is true, accurate, and complete and not misleading.
6.1.2 Any third-party social media accounts to which you link or upload Content are:
6.1.2.1 Your own accounts;
6.1.2.2 If the Account refers to a Brand, that you are the authorized representative of the Brand with the right to access its social media accounts and represent its interests;
6.1.2.3 If the Account refers to an individual other than you, you are the authorized representative of that individual with the right to access his or her social media accounts and control his or her interests.
6.1.3 You have the right and authority to create an Account and agree to these Terms of Service, including, where relevant, the authority of any Brand or individual to create an Account, agree to these Terms of Service, and use the ContentJet Platform on its or his or her behalf.
6.1.4 You are authorized to submit Content, as applicable, in the manner invited via the ContentJet Platform.
6.1.5 Any Content you submit to the ContentJet Platform will not contain anything that:
6.1.5.1 Is illegal or contrary to any laws, applicable industry code, or the requirements or directions of relevant regulators;
6.1.5.2 Is copied or adapted either wholly or substantially from any other work or material;
6.1.5.3 Is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive, or objectionable or contains, depicts, or alludes to or promotes aggressive, unruly, antisocial, lewd, or illegal behavior or sexually suggestive imagery;
6.1.5.4 Parodies, disparages, or makes fun of ContentJet or its products or services or ContentJet generally in any way;
6.1.5.5 Solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs, or email addresses (unless part of a Campaign);
6.1.5.6 Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
6.1.5.7 Involves the transmission of junk mail, chain letters, unsolicited mass mailing, or spam; or
6.1.5.8 Infringe the privacy rights, contract rights, or other rights (including Intellectual Property Rights) of any person, corporation, or entity.
7. FTC REQUIREMENTS
7.1 ContentJet is not subject to FTC rules regarding testimonials in advertising, and the responsibility for compliance with these rules lies solely with the Brand.
7.2 To ensure compliance with the FTC rules regarding testimonials in advertising, all Brands are strongly advised to adhere to the FTC guidelines, available here.
7.3 FTC rules concerning testimonials in advertising apply to Creators when they endorse a Brand’s product. In practical terms, this means that Creators cannot make false or misleading statements as part of their endorsements and must disclose any material connections between them and the advertiser. It’s important to note that there is no assurance that every submitted post will be positive, and all product reviews must genuinely reflect the Creator’s beliefs.
7. ACKNOWLEDGEMENT
8.1 Both the Brand and the Creator acknowledge the following:
8.1.1 The Brand may either send the Creator a sample product or choose to reimburse the Creator for the cost associated with purchasing the product or service. In either case, the product or service trial is provided to the Creator free of charge.
8.1.2 ContentJet holds no responsibility or liability for late delivery or non-arrival of any products sent from a Brand to a Creator.
8.1.4 Ownership rights in the Intellectual Property Rights of the created content are transferred to the Brand.
8.1.5 Nothing in these Terms of Service grants the Creator any ownership rights in the Intellectual Property Rights of the Brand.
8.1.6 Nothing in these Terms of Service obligates the Brand to make use of any of the rights granted to the Brand by the Creator under this Agreement.
8.2 The Creator agrees to indemnify, defend, and hold harmless ContentJet and its related bodies corporate, personnel, servants, and agents from any loss, damages, expenses, including reasonable attorney fees, arising from any claim brought by a third party in relation to:
8.2.1 Access to the ContentJet Platform in violation of this Agreement.
8.2.2 The Creator’s breach of these Terms of Use or any of the warranties or covenants made by the Creator.
8.2.3 Your Content, if it does not conform to the terms of a Campaign Brief or other instructions provided by the Brand.
8.2.4 The Creator’s violation of any applicable laws, rules, or regulations.
8.2.5 Any misrepresentation made by the Creator.
8.3 The Brand agrees to indemnify, defend, and hold harmless ContentJet, its affiliates, and respective directors, officers, employees, successors, agents, and assigns against any loss, damages, and expense, including reasonable attorney fees, arising from any claim brought by a third party in relation to:
8.3.1 Access to the ContentJet Platform in violation of this Agreement.
8.3.2 The Brand’s breach of these Terms of Use or any of the warranties or covenants made by the Brand.
8.3.3 Any claim or allegation that the Brand’s Content infringes a third party’s rights, including Intellectual Property Rights.
8.3.4 The Brand’s violation of any applicable laws, rules, or regulations.
8.4 ContentJet represents, warrants, and covenants that:
8.4.1 ContentJet owns or otherwise has sufficient rights to the Platform to ensure lawful access and use of the Platform by you in accordance with the terms of this Agreement.
8.4.2 The Platform, or use of the Platform, does not and will not violate the patents, copyrights, contract rights, or other intellectual property rights of any third party.
8.5 ContentJet agrees to indemnify, defend, and hold harmless the Brand, its affiliates, and its respective directors, officers, employees, successors, agents, and assigns against any loss, damages, and expense, including reasonable attorney fees, arising from any claim brought by a third party in relation to:
8.5.1 ContentJet’s breach of any representation, warranty, covenant, or obligation under this Agreement.
8.5.2 Infringement of any patent, copyright, trade secret, trademark, or other intellectual property right arising out of the Brand’s use of the Platform in accordance with the terms of this Agreement.
8.5.3 ContentJet’s violation of any applicable laws, rules, or regulations.
8.6 The Party seeking indemnity under items 8.2-8.5 of this Agreement (“Indemnified Party”) will make commercially reasonable efforts to provide the other Party (“Indemnifying Party”) with prompt written notice of any claim for which the Indemnified Party seeks indemnity. The Indemnified Party will reasonably cooperate in the defense of any such claim, at the Indemnifying Party’s sole expense. The Indemnifying Party may not settle any claim against the Indemnified Party without the Indemnified Party’s prior express written consent, which consent will not be unreasonably withheld, conditioned, or delayed. The Indemnified Party may participate in the defense of a claim through counsel of its choice at its expense. However, if the Indemnified Party reasonably determines that the Indemnifying Party is unwilling or unable to defend the Indemnified Party’s interests, then the Indemnified Party may assume the defense against any claims at the Indemnifying Party’s sole expense. The Parties’ indemnification obligations survive the termination of the Agreement.
9. ROYALTY-FREE STOCK USER-GENERATED CONTENT (UGC) LICENSE
9.1 Grant of License:
9.1.1 Limited License: ContentJet hereby grants the Licensee (referred to as “Licensee”) a non-exclusive, worldwide, royalty-free, and perpetual license to use, reproduce, distribute, publicly display, and create derivative works from the stock User-Generated Content (UGC) owned by ContentJet, solely for the purpose of creating videos for Licensee’s marketing campaigns.
9.2 Usage Restrictions:
9.2.1 Permissible Use: Licensee shall use the stock UGC in a manner consistent with the applicable laws and our service agreement. This includes, but is not limited to, ensuring that the usage does not infringe on any intellectual property rights, copyrights, or trademarks.
9.2.2 Prohibited Industries: Licensee shall not use the stock UGC for any marketing campaigns that promote or are related to the following prohibited industries:
– Sex and Adult Content
– Dating Apps and Services
– Alcohol
– Drugs and Controlled Substances
– Health Supplements and Medical Claims
– Weapons and Firearms
– Gambling and Betting
– Get-Rich-Quick Schemes
9.2.3 Reputation and Brand Protection: Licensee agrees not to use the stock UGC in any manner that could harm the reputation of the creators, ContentJet, or any individuals or entities depicted in the stock UGC. This includes avoiding any use that is defamatory, offensive, or disrespectful.
9.3 Ownership and Attribution:
9.3.1 Ownership Rights: The ownership rights of the stock UGC shall remain with the original creators, and the license granted herein does not transfer any ownership or intellectual property rights to Licensee.
9.3.2 Attribution: While attribution is not mandatory, Licensee is encouraged to provide appropriate credit to the original creators of the stock UGC when feasible, as a gesture of recognition for their creative work.
9.4 Indemnification and Legal Action:
9.4.1 Liability: Licensee shall indemnify, defend, and hold ContentJet harmless from any claims, damages, losses, or expenses arising out of Licensee’s use of the stock UGC in violation of this license clause or any applicable laws.
9.4.2 Legal Action: In no event shall ContentJet be liable for any legal action, including but not limited to claims of copyright infringement, defamation, or violations of any applicable laws, resulting from the videos created using the stock UGC. Licensee assumes all risks and responsibilities for any legal consequences related to the usage of the stock UGC.
9.5 Termination:
9.5.1 Termination: ContentJet reserves the right to terminate this license at any time if Licensee is found to be in violation of the terms stated herein. Upon termination, Licensee must immediately cease using the stock UGC for marketing campaigns.
9.6 Acknowledgment and Acceptance:
By accepting this contract, Licensee acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Clause 9, “Royalty-Free User-Generated Content (UGC) License.” Failure to comply with these terms may result in the revocation of this license.
ContentJetretains the right to modify these terms at its discretion. Licensee is responsible for reviewing this clause regularly for any updates or changes.
Certainly, here’s the updated clause with “Client” instead of “Licensee” as requested:
10. Use of Artificial Intelligence (AI) Technology
10.1 AI Modification Prohibition:
10.1.1 Use of AI Technology: The Client (hereinafter referred to as “Client”) acknowledges that the content, including the speech or dialogue of creators in videos delivered by ContentJet), is the result of creative work and expression by the creators. The Client agrees not to use Artificial Intelligence (AI) or any automated technology to modify, manipulate, or alter the original content or speech of creators in the videos provided by ContentJet, without ContentJet’s explicit written consent.
10.2 Language Translation Limitation:
10.2.1 Language Translation: The Client shall not use AI or any automated technology to into languages other than the original without ContentJet’s explicit written consent.
10.3 Compliance with Restrictions:
10.3.1 Preservation of Original Content: The Client agrees to preserve and maintain the original content, including the speech, tone, and context of creators, as delivered by ContentJet, to ensure the integrity and authenticity of the creator’s work.
10.4 Client’s Liability:
10.4.1 Indemnification: The Client shall indemnify, defend, and hold ContentJet harmless from any claims, damages, losses, or expenses arising out of the Client’s unauthorized use of AI or automated technology in violation of this clause or any applicable laws. The Client assumes all risks and responsibilities for any legal consequences related to the unauthorized modification or translation of the content.
11. GENERAL TERMS
11.1 Force Majeure and Platform Operation:
If circumstances beyond ContentJet’s reasonable control prevent the ContentJet Platform from functioning as planned, including but not limited to war, terrorism, states of emergency, disasters (including natural disasters), computer viruses, bugs, tampering, unauthorized interventions, technical failures, or other issues that disrupt the administration, security, fairness, integrity, or proper functioning of the ContentJet Platform, or if any social media platform alters its terms of service, access, or permissions in a manner that affects the ContentJet Platform, ContentJet retains the absolute discretion to cancel, terminate, modify, or suspend the ContentJet Platform.
11.2 Additional Agreements:
No additional agreements or terms and conditions originating from Creators or Brands, including purchase order or insertion order terms and conditions, shall be imposed on ContentJet unless expressly agreed to in writing by ContentJet. In such cases, if any terms and conditions in such agreements are inconsistent with these Terms of Service, these Terms of Service shall take precedence to the extent of any inconsistency.
11.3 Authorized Representation:
If you are using the ContentJet Platform on behalf of a legal entity, you confirm that you have the authority to enter into an agreement on behalf of that entity. These Terms of Service constitute the entire agreement between you and ContentJet, governing your use of the ContentJet Platform, and supersedes any prior agreements. You may not assign any rights or obligations under these Terms of Service, in whole or in part, to a third party without prior
written consent from ContentJet. ContentJet reserves the right to assign its rights or obligations hereunder at its sole discretion.
11.4 Severability:
If any clause or part of a clause is unenforceable, invalid, or illegal in any way, it shall be adjusted and amended to be enforceable, valid, and legal. If this is not feasible, the clause (or, where possible, the offending part) will be removed from these Terms of Service without affecting the enforceability, validity, or legality of the remaining clauses (or parts of those clauses), which will remain in full force and effect.
12. DISPUTE RESOLUTION
DISPUTE RESOLUTION
12.1 Agreement to Arbitrate:
This section, referred to as the “Arbitration Agreement,” governs the resolution of disputes or claims between you and ContentJet arising from or related to this Agreement, the ContentJet Services, the advertising, the relationship between us, or any other matter. Such disputes shall be exclusively resolved through final and binding arbitration in accordance with the terms of this Arbitration Agreement. However, individual claims that qualify may be brought in a small claims court. You may also bring issues to the attention of federal, state, or local agencies that can seek relief on your behalf, where applicable. By accepting this Agreement, both you and ContentJet waive the right to a jury trial and the ability to participate in class actions. An impartial arbitrator, not a judge or jury, will determine your rights. This Arbitration Agreement is governed by the Federal Arbitration Act.
12.2 Individual Claims:
You and ContentJet agree that claims against one another must be pursued on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator may not consolidate or join multiple parties’ claims and may only award relief to the individual party for their specific claims, as necessary, including monetary, injunctive, or declaratory relief. However, the arbitrator may award public injunctive relief under applicable law if needed to enforce this provision.
12.3 Dispute Resolution:
ContentJet is committed to resolving disputes amicably and efficiently. Most user concerns can be addressed through our customer support at hello@ContentJet.io. If such efforts prove unsuccessful, the party seeking arbitration must first send a written Notice of Dispute (Notice) to the other party via certified mail. The Notice must describe the nature and basis of the claim or dispute and specify the relief sought. If a resolution is not reached within sixty (60) calendar days of the Notice, either party may commence arbitration proceedings. During arbitration, any settlement offers made by either party are not disclosed to the arbitrator until after the arbitrator determines the entitled amount, if any.
12.4 Confidentiality:
All aspects of the arbitration proceeding, including rulings, decisions, and awards by the arbitrator, shall remain strictly confidential for the benefit of all parties.
12.5 Severability:
If a court deems any provision of this Arbitration Agreement, other than Section 12.2, to be invalid or unenforceable, the parties agree to replace it with a valid and enforceable provision that best reflects the original intent. If a court determines any provision in Section 12.2 to be invalid or unenforceable, the entire Arbitration Agreement is void unless such provisions are deemed invalid solely concerning claims for public injunctive relief. The rest of the Terms of Service remains in effect.
12.6 Future Changes:
ContentJet acknowledges that if it makes future changes to this Arbitration Agreement (excluding changes to the Notice Address) while you are a ContentJet Services user, you may reject such changes by providing written notice within thirty (30) calendar days to the Notice Address specified above. Rejecting any future change means you agree to arbitrate disputes in accordance with the terms of this Arbitration Agreement as of your initial acceptance of this Agreement (or any subsequent changes).
