User agreement
A "creator" is a professional who creates and publishes content on social media sites for a fee.
The following terms and conditions ("Terms") govern Creators' use of the MIXPOSTER.COM software ("Service").
The service is provided by the Norwegian company MIXPOSTER.COM. All references to "we", "us" and "our" in the following are to MIXPOSTER.COM.
In order to use the Service, you (hereinafter referred to as "you" or "the Creator") must accept these Terms. The terms are accepted by explicitly clicking "I accept" during your account registration.
Please note that in order to use our Service, you must also agree to use Monobank as your payment service provider for payment and receipt of any reward.
You may contact us at support@mixposter.com at any time if you have any questions regarding these Terms.
1. Definition
"Creator": A professional who creates and publishes content on social media sites for a fee or product. Also known as influencers.
"Talent Agencies": Agencies that service booking deals on behalf of the profiles/influencers they manage. Often entered into this Agreement as "creator".
"Customer": any legal person who wishes to subscribe to the Service provided by MIXPOSTER.COM is also referred to as the customer/purchaser of the services provided.
"Advertisers": a company that purchases advertising and promotional services.
"Agencies" (Digital/PR/Media): Agencies that service booking agreements on behalf of Advertisers.
"Booking Agreement": This is the agreement between the Creator and the Customer based on the booking request as described in section 4.
"Self-Service Agreement" and "Full Service Agreement": This is the agreement between the user and MIXPOSTER.COM.
"Accounts": the user account under which the collaboration takes place.
"Users": A user may have access to one or more accounts.
2. About the Service
The Service is a cloud-based software and collaboration platform that
- allows you to create a Creator profile on the Platform and make your profile available to brands, advertisers, media agencies and others ("Clients")
- allows Customers to view Creator profiles and submit booking requests
- provides booking services and facilitates the formation of booking agreements between Creators and Clients
- facilitates the payment of fees agreed under the booking agreement from Clients to Creators through payment service provider Monobank upon approval by MIXPOSTER.COM
3. Access to the Service - confirmation of registration of your Account
To register for the Service, you must complete the registration process on the Platform. You must and must: (a) be 18+ years of age (unless you are represented by a talent agency or a parent), (b) provide true, accurate, current and complete information about the entity you represent, as appropriate upon request, the Service's registration form and (c) maintain and promptly update the registered data to keep it true, accurate, current and complete.
After registering your account and before you have full access to our Service, we will evaluate your social media profiles to determine whether they comply with our Platform Terms of Use.
MIXPOSTER.COM, at its sole discretion, determines whether such Platform Rules are being complied with, and we reserve the right to refuse or cancel the registration of your Account without providing any explanation as to the reason for the refusal.
4. Conclusion and execution of reservation Agreements
Any Client can send a booking request to any Creator. The reservation request must contain the terms and conditions of the reservation in short form. The creator will receive an email notification of the booking request and can accept or decline it.
If the booking request is accepted, a binding booking agreement is concluded between the Creator and the Client.
When the Creator fulfills the terms of the booking agreement, confirmation of the completed work and results will be provided on the MIXPOSTER.COM platform. The Client will receive an email notification that the Creator has completed the work on the booking, providing the Client with a link to view a confirmation of the work completed and the results.
If the Client is satisfied that the Creator has performed the work in accordance with the booking agreement, the Client must accept the work by marking the booking agreement as "Completed" on the MIXPOSTER.COM platform.
MIXPOSTER.COM is not a party to any booking agreements between the Creator and the Client, and we disclaim any responsibility or liability arising out of or in connection with such agreements.
5. Payment of remuneration
All payments for services provided under the booking agreement are processed by the payment service provider Monobank. You can familiarize yourself with the terms and conditions of the payment services, including information about the relevant commissions for using the services .
When the Client marks the booking agreement as "Completed", the agreed remuneration minus the applicable service fees of MIXPOSTER.COM (see section 8) and Monobank will be unlocked and paid to the Creator ("Payment").
6. Non-performance by the Creator
When a Creator accepts a booking agreement, the Creator must review the campaign brief from the Brand for which the Creator is responsible. The review is intended to identify issues that may prevent the Creator from performing the work under the booking agreement, such as product delivery.
If the Brand results are delayed or incomplete, the Creator must notify the Client without undue delay. If this matter becomes a dispute between the Client and the Creator, it will be resolved through the process described in see Resolution of disputes between the Creator and the Client, section 7.
The Creator must notify the Client if he/she needs an extension of the deadline or an adjustment of the amount payable due to circumstances that caused a delay or disruption of the Creator's performance.
When the Client receives a request for an extension of the period with the specified number of days for which the period is to be extended, he/she must respond without undue delay. If the Customer requests an adjustment of the amount due, he/she must make a specific offer to adjust the amount due.
If the Creator fails to fulfill its obligations by not providing or publishing content as specified in the booking agreement, or if the Creator is not present at an activity or event specified in the booking agreement, the Client may refuse to mark the booking agreement as "Completed ".
In such cases, the Creator risks not receiving money.
If the accepted booking agreement is not fulfilled, the Creator will receive an automatic review in their profile.
Creator and Client must adhere to our community standards.
7. Resolution of disputes between the Creator and the Client
Creator and Customer agree to first try to resolve all disputes between themselves. If the parties cannot resolve the issue, it may be resolved by MIXPOSTER.COM.
Disputes regarding the exemption from payment of remuneration to the Creator or its return to the Client shall be resolved through MIXPOSTER.COM.
You have up to 20 days after the delivery date specified in the booking agreement to submit a cancellation request on the MIXPOSTER.COM platform. You can ask the MIXPOSTER.COM platform to make a final decision 14 days after opening the request.
When you contact the MIXPOSTER.COM platform, a dedicated team member will be assigned to your case. They will review the information provided by both parties before making a final decision. In some cases, they may need to contact you to gather additional information before making a decision.
8. Limitations and liability of the Creator
8.1. Your duties
You represent, warrant and warrant that you will only use the Service in accordance with all applicable laws and regulations and in a manner that does not harm the Service or anyone else's use of the Service.
You are solely and entirely responsible for
- any content that you choose to share through the Service or in the course of your work for the Client
- have the necessary rights to any material (including but not limited to text, photos, sound, music) that you provide through the Service or in your performance for the Client
- your performance under any booking agreement between you and the Customer
- any comments or ratings you provide using the feedback feature, see section 9
- any messages you share through the Service
You are responsible for maintaining the security of your Account, passwords and files, and for any use of your Account with or without your knowledge or consent. If you suspect any unauthorized use of your account or other breach of security related to your account, you must immediately notify us in writing.
By connecting to a YouTube channel, you agree to be bound by YouTube's Terms of Use . You are solely and entirely responsible for compliance with YouTube's Terms of Use .
8.2. Limitation
You may not use the Service to promote campaigns or advertisements that contain (i) content that is invasive of privacy, offensive, illegal, obscene, pornographic, hateful, or discriminatory; (ii) content that promotes any illegal activity, including, without limitation, the promotion of gambling where prohibited, prohibited substances, pirated software or hacking; (iii) content that infringes the intellectual property rights of a third party; (iv) links to content or code that promotes or refers to software piracy and/or activities commonly understood as Internet abuse, including but not limited to sending unsolicited bulk email and the distribution or use of spyware, malware security, worms, trojan horses, time bombs, cancellation bots, corrupted files or similar software; or (v) content that you know to be false or misleading.
You may not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms associated with the Service or any software, documentation or data related to the Service ("Software"); modify, translate or create derivative works based on the Service or Software or use the Service or Software for the benefit of a third party.
9. Fee for the Service
As compensation for a Creator's access to the Service, MIXPOSTER.COM is entitled to a commission (the "Service Fee") equivalent to 10% of the agreed fee for any and all booking agreements that a Creator enters into while using our Service.
Fees for MIXPOSTER.COM services will be deducted before payment is made to the Creator.
MIXPOSTER.COM reserves the right to change the fees for the Services upon thirty (30) days notice to the Creator.
10. Feedback functionality
We encourage Creators and Customers to leave objective and balanced reviews of parties with whom they have entered into booking agreements. You acknowledge that such feedback, including aggregated feedback based on individual ratings, will be provided to other Creators and Customers through the Service.
MIXPOSTER.COM does not monitor or censor these opinions, nor does it investigate any comments posted by Users for accuracy or reliability. However, we can do this on request. In order to protect the integrity of the feedback system and protect users from abuse, MIXPOSTER.COM reserves the right (but not the obligation) to remove any posted feedback or information that, in our sole discretion, violates these Terms or negatively affects our Service or operations.
11. Suspension or Termination of Your Account and/or Access to the Service
You may terminate your legal agreement with MIXPOSTER.COM at any time by deactivating your account. If you wish to deactivate your account, please notify us by emailing info.mixpostercom@gmail.COM
MIXPOSTER.COM may suspend or terminate your Account or terminate all or part of the Service to you at any time for any or no reason, including but not limited to, if we reasonably believe: (i) you have violated these Terms; ; (ii) you attempted to purchase or have any fake followers, likes, referrals, views and comments on any channel; (iii) you have joined a subscriber group or recruitment group, (iv) you have repeatedly failed to comply with the terms of the booking agreements to which you are a party; (v) you pose a risk or potential legal threat to us; (vi) you use information obtained while using the Service to harass, insult, or harm another person or business; (vii) you attempt to solicit business outside of the platform originally offered to you through MIXPOSTER.COM; (viii) your use of the Service may harm MIXPOSTER.COM's business; or (ix) your account should be terminated due to illegal conduct.
Your account may be suspended or terminated without notice.
In the event of termination of the Agreement or if MIXPOSTER.COM suspends your access to the Service, MIXPOSTER.COM shall have no liability to you.
Upon termination of your account, you lose all rights granted by these Terms.
12. Intellectual property rights and licensing
MIXPOSTER.COM owns and retains all right, title and interest, including all intellectual property rights, whether registered or not, in the Service and all related technology, including any algorithms or processes developed by MIXPOSTER.COM , and all derivatives, modifications or improvements to any of the foregoing made by or for MIXPOSTER.COM, whether created or developed in connection with the Service.
MIXPOSTER.COM hereby grants Creator full, non-sublicensable, non-transferable access to use the Service solely for Creator's internal business operations in accordance with the terms of this Agreement.
The Creator owns and retains all right, title and interest, including all intellectual property rights, in any data entrusted to MIXPOSTER.COM for processing.
Creator agrees that MIXPOSTER.COM may use or link to content created under booking agreements entered into while using our Service for the purpose of marketing our Service, unless otherwise agreed. This includes, but is not limited to, the right to promote creators, showcase their work, and use their name and likeness for marketing and promotional purposes.
The Creator hereby grants MIXPOSTER.COM a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, perpetual and irrevocable right and license to use the data obtained from the analysis of the Creator's data, in aggregated or de-identified form, for the purpose of providing and improving products and services MIXPOSTER.COM.
13. Amendments to the Service and additions to these Terms
We reserve the right to change these Terms. The latest version of these Terms will be posted at https://MIXPOSTER.COM/. If we make material changes to these Terms, we will notify you by email or https://MIXPOSTER.COM/. If you do not accept these changes, you must stop using your account or submit a deletion request to support@MIXPOSTER.COM . Your continued use of MIXPOSTER.COM following our posting of changes to these Terms constitutes your acceptance of the updated Terms.
14. Personal data
We will process your personal data in connection with your use of the Service. You can read more about our privacy policy here .
15. Compensation
MIXPOSTER.COM agrees to indemnify, defend and hold harmless the Creator from any third party claims that the Service infringes the intellectual property rights of a third party. MIXPOSTER.COM's liability does not extend to claims or awards based on: (i) Creator data or services or materials provided or made available by Creator; (ii) a combination of the Service and the Creator's data or the Creator's products or services; (iii) the Creator's use of the Service after receiving notice of termination due to a third-party claim; or (iv) other circumstances for which the Creator is responsible.
Creator agrees to indemnify MIXPOSTER.COM from and against any and all claims, damages, liabilities, settlements and expenses (including, without limitation, attorneys' fees and costs) arising out of any alleged violation of Section 7 or otherwise from Creator's use of the Service.
The parties shall notify each other without undue delay of any claim under this section.
The responsible party shall handle and bear all costs associated with such claim, provided that the other party has transferred control of the matter to the responsible party. The other party will, for a reasonable fee, assist the responsible party in defending such claim. Disputes between the Parties regarding liability for infringement of third-party intellectual property rights shall be resolved in accordance with Section 20.
16. Limitation of liability
MIXPOSTER.COM's liability under this Agreement shall not exceed the amount paid by the MIXPOSTER.COM Creator under this Agreement in the preceding 6 months prior to the action giving rise to the liability, exclusive of VAT.
Neither party shall be liable to the other party for any special, incidental, indirect, punitive, exemplary or incidental damages, whether foreseeable or unforeseeable, arising out of or in connection with this Agreement, whether or not any -which of the parties has been notified of the possibility or likelihood of such damages, whether the claims are based on remedies provided by contract, tort or otherwise.
Neither party is responsible for force majeure, see section 19.2.
The above limitations do not apply if the relevant party acted willfully or with gross negligence, and if the party violated the other party's intellectual property rights or Section 18 of this Agreement.
17. No warranty and disclaimer
In the event of a conflict between this Agreement and any information provided by a MIXPOSTER.COM representative or the MIXPOSTER.COM website, this Agreement will control.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIXPOSTER.COM DOES NOT WARRANT THAT THIS SERVICE WILL MEET ANY PARTICULAR PURPOSE OR REQUIREMENT. MIXPOSTER.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY MIXPOSTER.COM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY.
MIXPOSTER.COM is not a party to any booking agreement between Creators and Customers. MIXPOSTER.COM acts only as a facilitator of interaction on the platform.
Creators and Customers are not representatives or employees of MIXPOSTER.COM. Creator and Client act solely on their own behalf and for their own benefit, and not on behalf of or in the interest of MIXPOSTER.COM. MIXPOSTER.COM does not supervise, direct or control the Creator's services in any way. We are not responsible for any content created by a Creator under a booking agreement with a Client.
MIXPOSTER.COM shall under no circumstances be liable for any actions or omissions of the Creator or Client, including, but not limited to, infringement of the intellectual property rights of third parties or claims arising from the Creator or Client due to non-fulfillment of their contractual obligations under the agreement reservation
In addition, MIXPOSTER.COM is not responsible for any actions or omissions of Monobank and expressly disclaims any liability related to the provision of payment services.
The above disclaimer does not apply where MIXPOSTER.COM provides assistance as part of its professional services. Assistance is governed by the Full Service Agreement.