REEL CONTENT PLATFORM - TERMS OF USE
Last Updated: November 29th, 2024
These Terms of Use are incorporated into any agreement between a Creator and Reel Content regarding the Services provided through the Reel Content Platform. Reel Content agrees to deliver, and the Client agrees to use and, where applicable, pay for these Services according to the following Terms of Use:
1. DEFINITIONS
1.1 The definitions and interpretation rules in this section apply throughout these Terms of Use.
- Approved Personnel: Employees and agents of the Client authorized to use the Services, or the Client themselves if they are an individual.
- Briefing: Instructions and specifications for the content posted on the Platform, or sent by email by the Client, approved by Reel Content and sent to creator.
- Confidential Information: Proprietary or confidential information that is marked as such or defined as Confidential Information in clause 11.
- Creators: Independent contractors engaged by Reel Content through the Reel Content Platform to provide the Services.
- Client: The individual or entity purchasing Reel Content Videos to use the Services of the Reel Content Platform.
- Creator Personal Data: Personal data processed by Reel Content on behalf of the Creator as a processor.
- EU GDPR: The General Data Protection Regulation (EU) 2016/679.
- Deliverable: Content agreed upon by both parties that is finalized for use by the Client according to the Briefing, or deemed final as per clause 5.
- Intellectual Property Rights: All rights related to inventions, copyrights, trademarks, trade secrets, and any similar protections globally.
- Paid Ads: Advertisements that are promoted or paid for on social media, print, broadcast media, or any other channels.
- Licensed Use: Online promotion of the video and product on specified social media platforms or other uses detailed in the Briefing
- Privacy Policy: Reel Content’s privacy policies available at LINK, subject to updates.
- Products: The products and / or services specified in the Briefing.
- Proposed Content: Initial content provided by Reel Content for Client approval.
- Services: The services provided by the Creator to Reel Content through the Reel Content Platform to create the Deliverable.
- Social Media Platform: The social media platform(s) in which the Deliverable was published.
- Reel Content Personal Data: Personal data processed by Reel Content as a controller in relation to this agreement.
- Reel Content Platform: Reel Content’s online application accessible at www.reel-content.com or as communicated to Approved Personnel.
- Cyber threat: Any harmful software or device that can disrupt or harm computer systems or data.
1.2 Definitions in these Terms of Use do not affect interpretation.
1.3 A "person" includes individuals and corporate entities.
1.4 "Company" refers to any corporate body, regardless of its formation.
1.5 Singular terms include their plural forms and vice versa unless context specifies otherwise.
1.6 References to one gender include all genders.
1.7 References to laws or statutes refer to the version in force on the date of these Terms of Use.
1.8 References to laws or statutes include all subordinate legislation applicable at the relevant time.
1.9 References to "writing" include emails.
1.10 References to clauses pertain to the clauses in these Terms of Use.
2. THE SERVICES
2.1 After accepting a Briefing, Reel Content will present it to Creators deemed suitable. Creators may offer to fulfill the Briefing on behalf of Reel Content, and these offers will be shown to the Client through a Reel Content’s employee by email.
2.2 The Creator can accept one or more projects, provided they get paid for such projects. Payment creates a contract between Reel Content and the Creator for the Services.
2.3 Reel Content hereby grants the Creator a non-transferable, royalty-free license to utilize the Briefing strictly as necessary for the fulfillment of the Services. In carrying out the Services, the Creator agrees to exercise their utmost efforts to safeguard the confidentiality and integrity of the Briefing.
2.4 Reel Content and the Creator expressly acknowledge that these Terms of Use, including any acceptance of a Creator Offer, are not intended to and shall not establish an employment relationship.
2.5 Reel Content acknowledges that it has to pay the creator for the agreed amount, within the agreed time limit, after the content delivered has been considered a Deliverable.
3. USE OF PLATFORM
3.1 The Creator shall not:
- 3.1.1 Use the Services to provide services to third parties that are equivalent to the Services
- 3.1.2 Introduce any Cyber threat into Reel Content’s network and information systems.
3.2 The Client and its Approved Personnel shall not access, store, distribute, or transmit any any materials that:
- 3.2.1 Are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.
-3.2.2 Facilitate illegal activities.
- 3.2.3 Include sexually explicit imagery.
- 3.2.4 Encourage unlawful violence.
- 3.2.5 Are discriminatory based on race, gender, color, religion, sexual orientation, or disability.
- 3.2.6 Are otherwise illegal or may cause damage or injury to any person or property.
Reel Content reserves the right to disable the Creator’s access to the Reel Content Platform if this clause is breached, without liability or prejudice to its other rights.
4. ELIGIBILITY
By agreeing to work with Reel Content, you affirm that you are at least 18 years of age. Reel Content strictly prohibits the use of its services by individuals under 18. By accessing and using our services, you represent and warrant that you comply with this age requirement
5. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in, arising from, or relating to the Deliverable (excluding Intellectual Property Rights in any Products) shall vest in and remain the property of the Creator. The Creator reserves the right to issue written notice to the Client, via the Reel Content Platform, requesting the removal of any Deliverable published online that features the Creator's personal identity (such as their face or other identifiable attributes) if this content has been altered in any way, or in the case that it violates any data protection laws.
The Creator grants Reel Content a fully paid-up, worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, and irrevocable license to use, copy, and edit the Deliverable, provided that such editing does not alter the essence or character of the Creator.
6. DELIVERABLE
6.1 The Creator shall develop and submit the Deliverable to a Reel Content agent within the timeframe specified in the Briefing.
6.2 Should the Deliverable, in Reel Content’s reasonable opinion, fail to comply with the requirements outlined in the Briefing, the Creator shall, at their own expense, revise and resubmit the Deliverable to meet the Briefing's specifications.
6.3 Reel Content reserves the right, at its sole discretion, to pay an additional Fee for revised Proposed Content in cases where it is unclear whether the original Proposed Content complies with the Briefing. Once Reel Content, acting reasonably, deems the Proposed Content satisfactory and compliant with the Briefing, Reel Content will notify the Creator that the Proposed Content is accepted as Deliverable. The Fee specified in the Creator Offer will then be transferred to the Creator’s account within 14 working days.
6.4 The creator will be paid the agreed fee once the Proposed Content has been considered a Deliverable, the payment should be done within 7 working days.
7. DATA PROTECTION
Reel Content and the Creator shall comply with all applicable data protection laws, including GDPR. Details of Reel Content’s data processing practices are outlined in its Privacy Policy.
8. REEL CONTENT’S RESPONSIBILITIES
8.1 Reel Content shall make reasonable efforts to furnish any information reasonably requested by the Creator to facilitate the provision of the Services.
8.2 Reel Content represents and warrants that it holds and will continue to maintain all licenses, consents, and permissions required to fulfill its obligations under these Terms of Use.
8.3 These Terms of Use do not prevent Reel Content from entering into similar agreements with others or from independently developing, using, selling, or licensing similar documentation, products, and/or services.
9. CREATOR’S RESPONSIBILITIES
The Creator shall deliver the Services to Reel Content in accordance with the Briefing in all material respects. The Creator shall adhere to any performance deadlines specified in the Briefing or communicated by Reel Content, with time being of the essence for such deadlines.
In the course of providing the Services, the Creator agrees to:
9.1 Cooperate Fully: Collaborate with Reel Content on all matters related to the Services and follow all instructions from Reel Content or the Client.
9.2 Maintain Professional Standards: Perform the Services with utmost care, skill, and diligence, adhering to the highest standards of practice within the Creator's industry, profession, or trade.
9.3 Conform to Specifications: Ensure that the Services align with the descriptions, standards, and specifications outlined in the Briefing and are suitable for any purpose explicitly or implicitly communicated by Reel Content.
9.4 Provide Necessary Tools: Supply all equipment, tools, and other items required for delivering the Services (except where otherwise specified in the Briefing), including but not limited to microphones, video recording devices, and lighting equipment.
9.5 Obtain Required Licenses: Secure and maintain any licenses and consents necessary for providing the Services.
9.6 Comply with Laws and Regulations: Abide by all applicable laws, regulations, industry policies, and guidelines relevant to the Services, including the Advertising Standards Authority's rules and regulations.
9.7 Safeguard Products: Keep any Products received from Reel Content or the Client in safe custody at the Creator's own risk, maintain them in good condition, and use them only as authorized by Reel Content or the Client.
9.8 Handle Damaged Products Responsibly: Refrain from using damaged or broken Products and immediately notify Reel Content or the Client if any Products arrive in such a condition.
9.9 Avoid Derogatory Statements: Refrain from making any disparaging remarks about Reel Content or the Client in public forums, online (including on social media), or through any other medium.
9.10 Ensure Regulatory Compliance: Create Proposed Content and perform Services in compliance with the terms of use of relevant social media platforms, applicable laws, the CAP and BCAP advertising codes, the Competition and Markets Authority's guidance on social media endorsements, and other relevant regulatory standards. This includes using clear and comprehensible disclosures in Content to ensure transparency for consumers.
9.11 Remove Derogatory Content: At Reel Content’s request, promptly remove any Content or posts under the Creator's control that are deemed derogatory towards Reel Content or the Client from social media or other platforms.
9.12 Adhere to Additional Obligations: Fulfill any further responsibilities outlined in the Briefing or these Terms of Use.
The Creator acknowledges and agrees to these obligations as essential to the proper and professional execution of the Services.
10. CONFIDENTIALITY
Each party may receive Confidential Information from the other to fulfill its obligations. Confidential Information does not include information that:
Each party agrees to keep the other’s Confidential Information confidential, using it only to meet obligations under these Terms. Reasonable steps must be taken to prevent unauthorized disclosure by employees or agents. Disclosure may occur if required by law, with prior notice to the other party where possible.
Neither party is liable for third-party disclosure or loss of Confidential Information. The Creator acknowledges that details of the Services and performance tests are Reel Content's Confidential Information. If there is a breach, the disclosing party may seek injunctive relief in addition to other remedies.
These confidentiality obligations survive termination of the contract. Reel Content may announce the agreement and use the Deliverable for marketing, while the Creator may use it for their portfolio and social media.
11. EXCLUSIVITY
11.1 The Creator agrees that neither Reel Content nor any Creator is obligated to exclusivity in providing the Services.
11.2 The Creator agrees not to work with brands met within Reel Content, outside of the Reel Content sphere.
12. CHARGES AND PAYMENT
12.1 Unless otherwise agreed, Reel Content shall pay the Creator for each video bought in timing defined, through the bank transfer or through the provided payment options.
12.2 All payments made by Reel Content under these Terms of Use must be made in euros.
13. NOTICES
13.1 Any notice required to be given under these Terms shall be in writing and may be delivered by hand, sent via post, recorded delivery, or sent by email to the recipient's designated address or email address as follows:
13.1.1 The Creator's contact email address as specified in any email (or as otherwise provided by the Creator);
13.1.2 Reel Content's email address, which shall be leonor@reel-content.com, or as updated by written notice to the other party from time to time.
13.2 Notices delivered by hand will be deemed received at the time of delivery (or, if delivered outside business hours, at 9:00 a.m. on the next business day). Notices sent by post or recorded delivery will be deemed received at the time they would ordinarily be delivered in the normal course of post. Notices sent by email will be deemed received at the time of successful transmission, as evidenced by the sender’s email server.