BETWEEN COLLEECTIVE.co , ITS CLIENTS AND CREATORS

Terms & Conditions

This terms of use agreement (together with the documents referred to in it) tells you the terms of use on which you may make use of our website colleective.co (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to our Privacy Policy, which also applies to your use of our site. The Policy is available at colleective.co/privacy and sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Information about us
Collective.co is a site operated by Alike Talent Studios S.L. d.b.a. Colleective ("We"). We are registered in Spain under company number B88219076 and have our registered office at the Guzman El Bueno 39 Madrid. Our VAT number is ESB88219076.

Creator Acceptance; Campaigns; Payment; Disputes.

(a) Acceptance. By submitting an application for any client of the Company (a “Client”), the service provider (“Creator”) agrees to be bound by the Terms, and the terms and conditions set forth in the creative brief with the Client (the “Campaign Brief”). By ticking the checkbox upon the submission of a Creative Brief, Creator confirms that Creator has read and agreed to its terms and conditions and that Creator has entered into a legal, valid and binding obligation thereunder.
(b) Services. Creator acknowledges and agrees to deliver all content and drafts, including Custom Materials (as defined below) in accordance with the Creative Brief. Creator shall use best efforts to address and resolve any legitimate concern of the Client, including with respect to Custom Materials, such as spelling errors, hashtag errors and hyperlink errors. Notwithstanding the foregoing, Creator’s obligation to so address or resolve after Client’s publishing any Custom Materials shall be limited solely and exclusively to fixing spelling errors, hashtag errors and hyperlink errors. Creator shall not remove posts relating to campaign deliverables from their social feeds.

(c) Payment. Creator shall be paid by Client in accordance with the Campaign Brief but not later than thirty (30) days after the end date for any campaign subject to a Campaign Brief. Creator shall be responsible for all withholdings, taxes, agency and/or other fees, including Paypal fees (2.9% of total compensation), due on and/or in connection with total compensation payable by Client. Creator has no recourse against Colleective for any Client’s failure to pay or otherwise perform the terms and conditions of any agreement with Creator.

(d) Disputes. Any dispute concerning Creator’s performance of a Creative Brief with any Client shall be resolved fully and finally by Colleective. Creator shall have the burden of establishing performance and compliance therewith. Colleective will investigate the dispute between Creator and Client and, after its investigation, Colleective will notify Creator and Client of the outcome of the investigation and complete or terminate the relationship as Colleective, in its sole discretion, deems appropriate. If Colleective decides the dispute, in whole or in part, against the Creator, Creator acknowledges and agrees that Creator will forfeit all or such portion of such compensation attributable to Creator’s failure to perform and further agrees that Client will have no liability therefore.
(e) Paypal. Creator will create a Paypal account to receive payment through the Platform not later than thirty (30) days after the end date for any campaign subject to a Creative Brief. If Creator fails to do so, Creator acknowledges and agrees that Creator will forfeit all compensation related to such Creative Brief and further agrees that Client will have no liability therefor.

Creator’s Account.

Creator will provide Colleective with current, complete and accurate information as and when prompted or requested. Creator acknowledges and agrees not to (i) register an account on behalf of another person; (ii) register under the name of another person or under a fictional name or alias; (iii) choose a username that constitutes or suggests an impersonation of any other person (real or fictitious) or entity or that Creator is a representative of an entity when Creator is not, or that is offensive; (iv) choose a username for the purposes of deceiving or misleading our users and/or the Colleective as to Creator’s true identity; or (v) choose a username that incorporates a solicitation. Creator is entirely responsible for maintaining the confidentiality of Creator’s account information and password.
Ownership and Licenses.
Creator acknowledges and agrees that the intellectual property rights for any video, photo, audio-visual, composition, transmission, creative, graphic, and textual material created and delivered to Client by Creator (collectively, the “Custom Materials”) shall be controlled by the section entitled “Content Rights” in each Client’s “Campaign Brief.” If not specified therein, however, Creator hereby grants to Client, subject to the all other provisions of the Creative Brief, a worldwide, transferable, perpetual, irrevocable and nonexclusive license to use, reproduce, display, electronically transmit, publish, modify, edit, make derivative works from and otherwise exploit Customer Materials, for any purpose whatsoever, and on any terms determined by us in our sole discretion.
Client does not have the right to syndicate content to retail partners or partner brands.
By providing and submitting original content in the Colleective Platform, Creator thereby assigns to us and Colleective will own, all right, title and interest in and to that content submission, irrevocably, perpetually and without any limitation or restriction whatsoever. Without limiting the generality of the preceding sentence, upon receipt of each Paid Submission, we will have the exclusive, irrevocable, perpetual, worldwide right to use, reproduce, display, electronically transmit, distribute, publish, broadcast, modify, edit, combine with the work of others, make derivative works from and otherwise exploit Customer Materials, and to grant any of those rights to others, for any purpose whatsoever, and on any terms determined by us in our sole discretion.

FTC Disclosure Compliance

If applicable, without limiting these Terms, Creator represents and warrants that Creator has complied and will comply with all applicable law, including those promulgated by the Federal Trade Commission in 2020 (“FTC”), such as the disclosure and use requirements presently accessible at https://www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements (“Guidelines”).
Changes to these terms
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at join@colleective.co

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Confidential Information.

Colleective may furnish Confidential Information (as defined below) to Creator solely as is necessary to enable Creator to perform the Creative Brief and for no other purpose or use.
“Confidential Information” shall mean all confidential, proprietary or non-public information (whether written, oral or in another medium) furnished to Creator by Client or Colleective. Creator shall use at least the same degree of care in protecting Confidential Information as it uses to protect its own confidential information, but in no event less than commercially reasonable care. Creator recognizes that irreparable harm will result from any breach or threatened breach of this section and, in such event, Colleective and/or Client shall have the right to equitable relief, including injunctive relief, without the need to secure a bond. This section shall survive the termination or expiration of these Terms for any reason and is cumulative of all other rights.

Independent Contractor Relationship.

The relationship created by these Terms is that of an independent contractor and neither Creator nor Colleective are joint venturers, partners, employees or agents of each other. Neither party shall bind the other to any agreement without the express written consent of the other.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Spanish law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Cookies

Our website uses cookies and reserves the right to use cookies in the future. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. The cookies we use (or may use at some stage) are:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enableyou to log into secure areas of our website, use a shopping cart or makeuse of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitorsand to see how visitors move around our website when they are using it.This helps us to improve the way our website works, for example, byensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to ourwebsite. This enables us to personalise our content for you, greet you byname and remember your preferences (for example, your choice of languageor region).
Targeting cookies. These cookies record your visit to our website, the pages youhave visited and the links you have followed. We will use this informationto make our website and the advertising displayed on it more relevant toyour interests. We may also share this information with third parties forthis purpose.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact join@colleective.co
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Spanish. You and we both agree to that the courts of Spain will have non-exclusive jurisdiction.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Spanish. We both agree to the exclusive jurisdiction of the courts of Spain.

Strict Age Limit For Creators.

No creators under the age of 13 shall be permitted to create a “profile” on the Platform and shall not be permitted to participate in any campaign on Platform. Each Creator represents and warrants that Creator is over the age of 13 and otherwise of legal age to form a binding contract (or if not, such Creator received Creator’s parent’s or guardian’s permission to use the Platform and agree to these Terms on Creator’s behalf.

Notice for California Users.

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact us

To contact us, please email join@colleective.co
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