We reserve the right to update these Creator Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. We shall notify you of any changes we make to the Creator Terms. If you do not accept any amendment to our Creator Terms then you should notify us and you can stop using our Platform. Updated Creator Terms will be effective as soon as they are accessible.
Our Platform enables you to provide content to individuals, known here as Users. We enable the provision of that content, and facilitate the payment process. We do not make any promises or reassurances about Users.
2.0Application and Registration
If you are an agent or parent/legal guardian agreeing to these Creator Terms on behalf of a Creator, you agree that you have the right to do so and are authorised by the Creator to do so, and you shall procure that your Creator complies with the applicable provisions of these Creator Terms.
By submitting an application to become a Creator on our Platform you warrant and represent that all of the information you have provided to us in our application form is accurate and complete, and that you:
- are at least 16 years old or if you are 16 or 17 years old, you have the permission of your parent or legal guardian to agree to these Creator Terms, and in particular to make any payments on the Platform;
- are legally capable of entering into a contract;
- will not be in breach of any other agreement, including any sponsorship agreement and/or employment contract by entering into these Creator Terms and providing content to Users;
- have not been convicted of any criminal offence except as notified to us; and
- will comply with any other requirements we set out on our Platform.
Please ensure that the name on your rinkl account is appropriate and in particular you should not select a name that is intended to impersonate another person, that uses the name of any other influencer, well-known brand or company and/or that may be offensive. If you do so, we will contact you and your application will be suspended until you change your name to comply with this Condition 2.4. You may not transfer your account to anyone else.
Within the application process, you may provide to us a profile video, and you can of course update your profile video at any time once your application is accepted. You agree that the profile video will comply with the Service Rules, and you grant to us the right to reproduce your profile video on the Platform and to promote our business generally. You warrant and represent that we may exercise this licence without the risk of a third party claim and in particular that your profile video complies with our Service Rules. You shall indemnify and keep us indemnified from and against all costs, claims, losses, damages, liabilities and expenses that we may incur at any time as a direct or indirect result the use, publication and/or performance of your profile video. In the event of any loss or damage to your profile video, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged profile video from the latest back up of such profile video maintained by us (if any). Accordingly, we strongly recommend that you retain your own copy of your profile video.
We may not accept your application on our Platform at our sole discretion. We may also close an account if it is not activated within a specified period of time, or if it is inactive or not maintained for a prolonged period of time.
If we accept your application, we will tell you. You then need to activate your account by completing your profile following the prompts, and adding your payment information. Please keep your profile up-to-date, in particular in relation to your pricing, payment details and availability. It is vital you keep this information up to date as we and the Users rely on this information. Please note that we do not actively edit your profile page, but we may remove any content on your profile page if we become aware that it does not comply with the Service Rules.
You are responsible for keeping your account password confidential and you are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email to firstname.lastname@example.org if you believe there has been any unauthorised use of your account. You may not transfer your account to anyone else or allow anyone else to use your account. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of the Creator Terms.
3.0 Use of the Platform
You may not have more than one account on our Platform.
When you use our Platform you must comply with all applicable laws and you agree not to:
- try to gain unauthorised access to our Platform or any networks, servers or computer systems connected to our Platform;
- override or attempt to override or circumvent any security component or technological measure within our Platform;
- harvest, spider or otherwise collect non-public information about another user obtained through our Platform (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;
- add another user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
- upload any virus or malicious software intended to interfere with the proper use of software and systems, or transmit spam, chain letters or other unsolicited emails;
- access our Platform with the intention of using any information, content or other know-how to set up a similar or competitive platform;
- remove, cover or otherwise obscure any form of advertisements, copyright notice or watermark from any content on our Platform; and/or
- reproduce, redistribute, sell, alter, create derivative works from, decompile, reverse engineer, or disassemble all or part of our Platform save to the extent expressly permitted by law not capable of lawful exclusion.
4.0 Interactions with Users
From time to time a User may request that you send them a video (a rinkl Video). You can only respond to the User’s request within the time you set. You can reject the request, but please note that you will not receive any payment unless you respond to the request by sending a rinkl Video to the User in accordance with these Creator Terms.
If you do send the User a rinkl Video, you must do so to reflect the request that the User made and your video must comply with the Service Rules. You are responsible for all equipment, including connection, computer, headset, microphone and you shall ensure that your system operates with the latest available version of security software to protect against the transmission of viruses and malware.
By providing a rinkl Video to a User, you grant to the User the non-exclusive right to view your rinkl Video and share all or part of it with third parties through any medium anywhere in the world including on social media. The User has no right to exploit the rinkl Video commercially and/or sell access to the rinkl Video and cannot edit the rinkl Video or use part of the rinkl Video in such a way as to breach the Service Rules or otherwise be derogatory to you or detrimental to your reputation. But, you agree that we cannot be liable if the user breaches these restrictions. You also grant to us the right to use and reproduce your rinkl Video on the Platform and to promote our business generally. You warrant and represent that we may exercise this licence without the risk of a third party claim and in particular that your rinkl Video complies with our Service Rules. You shall indemnify and keep us indemnified from and against all costs, claims, losses, damages, liabilities and expenses that we may incur at any time as a direct or indirect result the use, publication and/or performance of your rinkl Video. In the event of any loss or damage to your rinkl Video, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged rinkl Video from the latest back up of such rinkl Video maintained by us (if any).
You shall treat all personal data and other information relating to a User as confidential and shall comply with all applicable data processing laws and regulations relating to such personal data. In particular, you shall use such personal data only to provide the rinkl Video to the User and not maintain any record of the User’s personal data once the rinkl Video has been sent and you have received your fee unless you are required to retain the details to comply with applicable laws.
You may leave a review, comments or other feedback (a Review) for a User after you have sent them a rinkl Video following their request. In addition, Users may leave a Review for you. We do ask that they comply with certain requirements, but we do not routinely monitor any Review. If you have any concerns about a Review left for you, please contact us.
You warrant and represent that your Reviews shall:
- comply with the Service Rules;
- be fair, genuine and honest, and properly represent your experience;
- not contain any content that is threatening, offensive, spiteful, obscene or defamatory or otherwise unlawful; and/or
- not be construed as an advertisement for any third party’s products, services or business.
We do not routinely monitor any Review, but we may edit, remove or not post any Review at our sole discretion.
You grant to us a licence to edit and use your Review on the Platform, within marketing and publicity materials for our business and to improve the functioning of the Platform and monitor the activities of Platform visitors.
A Review is not an endorsement or recommendation by us of a User, and you rely on the content of a Review at your sole discretion.
We will send to you the fee received from the User less our commission once you send the rinkl Video to the User.
You agree that no sums or fees shall be due from us to any third party in relation to your rinkl Videos, including any costs of licences, permissions, consents, manager, agent or union.
We will pay you only if you provide the rinkl Video in accordance with these Creator Terms and in particular we may reduce or not pay a fee to you at all if:
- your rinkl Video content does not reflect the request from the User;
- the quality of the rinkl Video is poor due to your act or omission, such as poor video or camera or other technology;
- the rinkl Video does not last the agreed duration; and/or
- you have breached the Service Rules.
We may amend the calculation of our commission fee on 30 days’ notice to you. Payment is made in British pounds.
Subject to clause 6.3, once you send the rinkl Video to the User, we will send to you the fee received from the User less our commission; or if you have switched on the 'for charity' feature in your rinkl account, we will send to the charity the fee received from the User less our commission.
7.0 Our platform
The copyright in our Platform and all content on our Platform is owned by or licensed to us. All rights are reserved. You may not copy or distribute any part of our Platform without our prior written consent or the prior written consent of our licensor.
We try to maintain and make our Platform available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
We are not liable if you are unable to access our Platform for any reason within your control, including your failure to use appropriate equipment or your insufficient bandwidth.
8.0 Our relationship
We are not your employer and so you (and not us) are responsible to account to the relevant authorities for all sums received by you under these Creator Terms and all income tax and national insurance due or your local equivalent. In addition, you agree that you may only charge VAT or sales tax if you are registered with the relevant tax authority to do so.
9.0 Disclaimer – Your attention is particularly drawn to this Condition
You acknowledge and agree that our Platform is provided for information purposes, to manage relationships, facilitate payment and enable the recording of and access to rinkl Videos. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws.
We do not warrant or represent that any User will request that you provide to them a rinkl Video. Accordingly, we do not warrant that you will receive any fees whatsoever following your participation on the Platform.
We do not warrant or represent that we:
- obtain confirmation of the identity of a User; and/or
- take any steps to ensure you are aware of any requirement imposed by law or otherwise which must be satisfied to permit you to provide the rinkl Video.
We are not responsible in any way whatsoever for any act or omission of a User including the obligation to pay any sums due and/or in relation to their use of a rinkl Video.
We shall only be liable to you for direct losses that arise as a result of our breach of the Creator Terms or for negligence and accordingly, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any:
- loss of profit, anticipated profits or business;
- loss of data and content;
- loss of opportunity;
- loss of revenue or wasted expenditure;
- loss of goodwill or reputation; and/or
- consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
The provisions of this Condition 9.5 are severable.
Our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the commission that we received for the rinkl Video that is the subject of the claim, or where the liability does not relate to any particular rinkl Video our liability shall in no circumstances exceed £100.
Nothing in the Creator Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
You shall defend and indemnify us and keep us indemnified and held harmless from and against any costs, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any third party claim or allegation, including from a User or other user of our Platform:
in relation to the content of your rinkl Video and profile page content;
relating to your acts or omissions whether on the Platform or otherwise including your negligence, fraud, recklessness and/or wilful misconduct.
This indemnity will survive termination of your account.
11.0 Third party links
Our Platform may contain links to websites or apps operated by third parties or third party content provided by other users. We do not have any influence or control over any such third party websites or apps or content and we are not responsible for and do not endorse any third party websites or apps or content or their availability or content.
12.0 Termination or Suspension
We may suspend or terminate your account at any time and without liability to you for any or no reason, including if:
- any information that you provide to us is not true or we cannot verify or authenticate any such information;
- you are in breach of any of the provisions of the Creator Terms, including in particular Condition 2.2; and/or
- we receive complaints or disputes are raised in relation to your activities on our Platform or otherwise.
The provisions of this Condition 9.5 are severable.
Following termination by us of your account you must cease to use our Platform and you must not re-register under any other name.
You may contact us at any time at the email address set out above to terminate your account or you can do so within your dashboard on our Platform. We may remove your profile page from our Platform following termination of your account.
13.0 Force Majeure
For the purposes of this Condition 13, an event of Force Majeure means any event beyond the reasonable control of either party, including change in laws or regulations, war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, failure of suppliers or subcontractors, riot, civil commotion, accident, act of God, fire, flood and storm, epidemic or pandemic.
If a party is prevented, hindered or delayed from or in performing any of its obligations under these Creator Terms by an event of Force Majeure, the affected party’s obligations under these Creator Terms are suspended without liability while the event of Force Majeure continues and to the extent that it is prevented, hindered or delayed.
If performance of any obligation under these Creator Terms is prevented, hindered, or delayed due to an event of Force Majeure either party shall be entitled to terminate these Creator Terms on written notice to the other party.
We may from time to time send any important notices relating to these Creator Terms by email. Such notices may relate to matters including changes to these Creator Terms and increases to our commission.
15.0 Transferring rights
We may transfer our obligations and rights under these Creator Terms to a third party. This may happen, for example, if we sell our business. If this happens, we will notify you in writing. Your rights under these Creator Terms will not be affected and our obligations under these Creator Terms will be transferred to the third party who will remain bound by them.
You may not transfer or sub-contract your obligations and rights under these Creator Terms without our express prior written permission.
16.0 Third party rights
These Creator Terms are between us and you. They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Creator Terms.
If any of the provisions of these Creator Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, then such provision shall be deemed severed from the remainder of these Creator Terms. The remainder of these Creator Terms shall be valid and enforceable.
18.0 No waiver
No failure or delay by us in exercising any of our rights under these Creator Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Creator Terms means that we will waive any subsequent breach of the same or any other provision.
19.0 Governing law and Jurisdiction
These Creator Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that any dispute arising from these Creator Terms will be subject to the exclusive jurisdiction of the English courts.
20.0 Additional Terms for Creators who download our App from the Apple App Store
We both acknowledge that the Creator Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for our App and the content thereof.
The licence granted to is limited to a non transferable licence to use our App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
We, not Apple, are solely responsible for providing any maintenance and support services with respect to our App, as specified in the Creator Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the Creator Terms. In the event of any failure of our App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for our App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to our App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to our App or your use or possession of our App, including, but not limited to (a) product liability claims; (b) any claim that our App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
We both acknowledge that, in the event of any third-party claim that our App or your possession and use of our App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Creator Terms, and that, upon acceptance of the Creator Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Creator Terms against you as a third-party beneficiary thereof.