Privacy | ContentCloud

Agreement to legal terms

We are ContentCloud AS, doing business as ContentCloud (“Company, “we”, “us”, “our”).

We operate the website https://contentcloud.no (the “Site” including the subdomains https://creator.contentcloud.no and https://app.contentcloud.no), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

ContentCloud AS is a marketplace for buying and selling advertising video material. ContentCloud allows brands to connect with content creators to simplify the process of acquiring video content for its marketing efforts. ContentCloud allows the creator to sell their content through our online marketplace.

You can contact us by email at hello@contentcloud.no or by mail to Kjølnesgata 14, Porsgrunn 3912, Norway.

These legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Customer”), the creator (seller) that provides the content (“Creator”) and ContentCloud AS, concerning your access to and use of the Services. You agree by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms from time to time. It is your responsibility your periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the services after the date such revised Legal Terms are posted.

The services are indented for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Our services

Services
In this Agreement, the Company acts as a commercial agency. We connect our customers, companies (“Company”) or agencies (“Agency”) acting on behalf of a Company with suitable Content Creators (“Creator”) based on their needs. Additionally, we facilitate marketing services by mediating contracts (“Contract”) between Content Creators and Clients. This is done by the creation of a campaign tender (“Campaign”) where the terms of the collaboration are specified, especially in regards to the purchased media (“Content”) (Most commonly in the form of video files).

Clients may also authorize the Company to directly contract Creators on their behalf. This means the Client provides a pre-agreed payment to the Company. The Company then manages the Campaign with the chosen Content Creators, acting as the Client's representative.

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Establishment of contractual obligations

There are three options for how a Customer can acquire a Creator for a Campaign;

The Customer buys services directly from the Creator through the Platform’s Explore Function, where Creators have pre-defined their prices for different usage right levels;
the Customer invites a Creator to a pre-made Campaign through the Invite Functionality;
The Customer creates a public Campaign (a tender) in which Creators can send a bid (Proposal) which the Customer can choose to accept or decline.

Henceforth the communication starts and the respective parties may engage in negotiations regarding the terms and conditions of the collaboration. Through our in-chat functionality, both parties can update (i) the price, (ii) the rights and (iii) the revisions. Moreover, these respective terms are subject to the guidelines for the collaborations initially stated in the Campaign (the Tender).

Negotiations using the chat functionality prior to the submission of an official Offer shall not be binding, and it may be terminated by either of the parties at whatever time desired. However, after officially submitting a Bid using the in-chat functionality, and hence also agreeing to the terms and conditions of this, the submitter is bounded by this offer, and should fulfill the outlined cooperation as specified.

If a party enters negotiations with the intention of forming a contract but then abandons these negotiations without a valid reason, causing harm to the other party, they may be held liable for those damages.

In the event that negotiations fail and no agreement is reached, each party will be responsible for their own costs incurred during the negotiation phase.

If a Customer directly buys content from a creator using the Explore function, the Creator has the right to decline or approve the request upon review of the outlined Campaign brief. In the case of declining the proposal, the Creator will not be legally binded to fulfill the Collaboration outlined in the Campaign. In such a case, the Client has the right to get the exact amount paid for the specific proposed collaboration refunded. In the other case, in which the Creator approves the Collaboration and Terms outlined in the Campaign, a Legally Binding contract is established, and a Formal Collaboration will be created.

Once a mutually agreeable contract is established, a formal Collaboration will be created. This finalized Agreement will be binding on both the Client and the Creator, outlining their roles and responsibilities for completing the Collaboration. The specifics of the contract are those stated in the Campaign and all other forms of communications within ContentCloud’s website and/or applications. This is the case regardless of the initial method of initiating the Collaboration ( [i] Through the Explore Function, [ii] the Invitation function or [iii] through accepting a bid on a self-made public campaign [tender]).

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It is the responsibility of both the Client and the Creator to understand the fee structure of ContentCloud. This information is presented on www.contentcloud.no for the Client, on www.contentcloud.no/creator for the Creator, as well as being dynamically shown on app.contentcloud.no for each specific Collaboration.

Content approval and conditions
During a Collaboration, Creators agree to deliver Services and Content that meet the specific guidelines, creative vision, editorial style, technical needs, and design elements outlined in the Campaign details. These details may be provided directly within the campaign brief / tender itself (Campaign) or communicated via the in-app message functionality on ContentCloud by the Company or Client.

Creators are obliged to submit the Content for review and approval prior to receiving the payment specified in the Collaboration (the Campaign). This Content should be uploaded for review and approval via the ContentCloud web application’s built-in feature. The Company has the right to ask for revisions of the content if stated so in the contractual terms both parties have agreed upon. If such revisions are included in the contractual agreement, the Company has the right to ask for revisions—up to the number of revisions stated in the contract—if it upon its own discretion finds that the content does not meet the specific guidelines, creative vision, editorial style, technical needs, and design elements outlined in the Campaign details.

To ensure clarity and avoid potential disputes, any agreements regarding Campaign execution should occur solely through Influee's direct messaging system. Agreements reached through other communication methods (phone calls, emails, Skype, Viber, in-person meetings, etc.) will not be considered valid in case of disagreements or concerns about Collaboration completion from either the Influencer or Client. It's important to note that such external communication also violates our no-contact policy and may result in account suspension and potential compensation demands for losses incurred by ContentCloud due to these actions.

All Content created for marketing purposes must adhere to all relevant laws, regulations, and self-regulatory guidelines.

Transparency and Disclosure

Influencers are required to disclose any potential conflicts of interest before accepting a Campaign collaboration. This includes situations where the Campaign promotes a product similar to ones they've endorsed previously, unless explicitly stated otherwise in the Campaign details.

Copyright and Usage

Our creators retain copyright to their content according to copyright law.

When you as a Company purchase content, you receive a non-exclusive, royalty-free license for an agreed period. This allows you to use the purchased content from a specific Collaboration for the specific purpose outlined in your purchase agreement. Creators grant ContentCloud a non-exclusive, royalty-free, and perpetual license to use their content for marketing and promoting the platform. This license lasts for the duration of the creator's partnership with ContentCloud.

Creators guarantee they have all necessary rights and permissions to deliver content freely of copyright or intellectual property infringement. Creators are solely responsible for any claims or liabilities arising from UGC content that violates these terms or applicable law.

If a Creator chooses to include other people in their Content, they are responsible for obtaining their consent beforehand. This includes permission to share their personal data and have it potentially displayed and promoted on the internet, such as on social media, on websites and in any paid advertising channel.

The Company or Client may request proof of consent, particularly:

For individuals under 18 years old (where stricter regulations apply).
When the situation necessitates it, such as filming in a public location. (Consent might not always be required in a public space, as long as no privacy or ethical violations occur.)

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Confidentiality Agreement

The Creator agrees not to share details of the Collaboration or engage in discussions about it without first securing written permission from the Company and/or the Client.

The Creator does however, if nothing else is stated explicitly in the Campaign or direct contact between the parties, have the right to use them as a reference for future professional pursuits.

Despite these restrictions, the Creator is permitted to acknowledge their general partnership with the Company and/or the Client, provided such acknowledgments are expressed in a respectful, affirmative, and non-detrimental manner. The creator is however prohibited from revealing any specifics of this Agreement, including discussions prior to its finalization, marketing strategies, outcomes, or any other sensitive information ("Confidential Information") acquired during or as a result of providing Services under this Agreement, without explicit written permission from the Company. This does not apply if the Confidential Information becomes publicly known through no fault of the Creator.

"Confidential Information" encompasses any data or information that, if disclosed without authorization, could significantly harm either the Company or its Client. The Creator will be held accountable for any such disclosures, especially if it occurs through neglect of their responsibility to recognize the sensitive nature of the information.

Following the conclusion of this Agreement, the Creator must refrain from discussing

specific reasons for or details about the termination. Any comments made about the end of the agreement should only acknowledge that the partnership has concluded as of a certain date.

Similarly, the Client is committed to treating any personal data of the Influencer with the utmost confidentiality, not disclosing or distributing such information without explicit consent from the Influencer.

The duty to safeguard personal data and Confidential Information remains in effect indefinitely, transcending the completion of the Campaign or the provision of Services.

Personal information, media and campaign

When you register as a Company, Agency or Creator at ContentCloud you officially grant us the right to display all private or company information, as well as any media provided (pictures or videos) within our platform. Thus, all such information will be displayed in the application in the respective parts profile to facilitate a working and transparent marketplace platform.

For a Creator, information submitted to ContentCloud besides contact information will be displayed on the Creator’s profile, visible to all users of the platform, both registered and unregistered. Moreover, all videos and/or pictures will be uploaded to the creator profile, and will be available for users of the platform to display and play.
This however, does not give any users of the platform the right to download these profile videos personally and this is strictly forbidden. The platform is moreover designed to prevent this. If, however, such an act were to happen, ContentCloud would not under any means be liable for any possible economic losses, reputation damage, or any other harm to the Creator.

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For Companies or Agencies, the name, description, profile picture may be displayed in the applications for other users to see, in order to facilitate a functioning marketplace.

When you as a Company or Agency publish a campaign through a platform, all details submitted in this campaign will be made available for all the platform’s users to see. As anyone can register as a user on our platform, you therefore agree to making this Campaign information available for any current or future user of the platform to see. You can, however, pause the Campaign, removing any campaign details or information from the platform’s public Campaign board.

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Deleting Personal information

Any user (both Creators and Companies/Agencies) can delete their own personal information at any time from the "profile settings" page (found on https://creator.contentcloud.no or https://app.contentcloud.no).

No contact policy

As a client or content creator on the ContentCloud platform, you agree to conduct all communication and transactions related to collaborations through the platform itself. This includes initial contact, negotiation, agreements, and payments. Directly contacting clients or content creators you have interacted with on ContentCloud outside the platform is strictly prohibited for a period of 12 months following the last purchase (regardless of approval or rejection). This restriction is lifted after 12 months have passed since the last purchase attempt between parties on the platform.

Violating this policy within the 12-month grace period may result in ContentCloud taking action against your account. This could include closure of your user account and a demand for compensation for any losses or damages incurred by ContentCloud due to your actions.

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Suspension of account
ContentCloud reserves the right to remove users who engage in activities that violate the platform's terms of use or established guidelines. This includes, but is not limited to, illegal behavior, unethical conduct, offensive language, or actions that could harm ContentCloud or other users. Additionally, ContentCloud may remove content (UGC) that breaches these terms and conditions or other law that may deem applicable.

Status as an Independent Contractor

The nature of the relationship between the Creator and the Company is strictly that of an independent contractor. This Agreement does not establish any form of partnership, agency, joint venture, or employment relationship between the two parties.

The Creator must itself register via our third-party solution Stripe as either a private person, sole proprietor or company. Moreover, the Creator is itself fully responsible fo

The Creator recognizes and accepts the responsibility for the timely submission of all necessary tax filings and payments related to income tax, social security contributions, payroll taxes, taxes on fringe benefits, advance payments, or any other tax obligations arising from the performance of Services and the receipt of payment. The Creator is also solely accountable for keeping detailed records of any expenditures incurred during the execution of Services. The Company will not withhold any portion of the Creator’s payment for social security contributions, federal, state, or any other payroll taxes applicable to any employees, contractors, or others engaged by the Creator in the delivery of Services. ContentCloud does hence not claim any responsibility in regards to the abovementioned points.

Governing Law

The laws of Norway govern these Legal Terms, and their interpretation excludes the application of the United Nations Convention of Contracts for the International Sale of Goods. If you are a consumer residing in the EU, you are also protected by the mandatory legal provisions of your country of residence. Both ContentCloud AS and you agree to the non-exclusive jurisdiction of the courts, allowing you the option to assert your consumer protection rights under these Legal Terms in either Norway or the EU country where you live. Nonetheless, all disputes will first and foremost be solved amicably, and you may contact the team at ContentCloud at any time to resolve any dispute in regards to a Campaign Agreements, although we reserve ourselves (ContentCloud) from taking on any legal liabilities and/or costs in regards to this.

Corrections

Occasionally, the information provided through our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, availability, and other details. We reserve the right to correct any such errors, inaccuracies, or omissions and to update information at any time without prior notification.

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Content submission
When you directly send us any questions, comments, suggestions, ideas, feedback, or other information related to our Services (collectively "Submissions"), you agree to grant us all intellectual property rights associated with those Submissions. In simpler terms, this means we'll own the content you submit, and we can use it freely for any legal purpose, including commercial applications, without needing to credit or compensate you.

User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Liabilities and limitations

We strive to provide a reliable and secure service. However, we cannot be held liable for any losses or damages you may experience, including but not limited to:

Issues with using the service: This covers inability to use the service, technical problems, or performance failures.
Account security: If someone accesses your account without permission.
Content and information: Mistakes, errors, or interruptions in the service.
Technical issues: This includes viruses, bugs, delays, or other technical malfunctions.

In any case where we are found liable, our total responsibility to you will not under any circumstances exceed €100 (Euros).

Miscellaneous
The following Legal Terms, along with any policies or operational guidelines presented by us on the Services or relating to the Services, constitute the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision outlined in these Legal Terms does not signify a waiver of such right or provision. These Legal Terms are enforceable to the fullest extent permitted by law. We reserve the right to transfer any or all of our rights and responsibilities to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control. If any provision or portion of a provision in these Legal Terms is found to be unlawful, void, or unenforceable, that specific provision or portion thereof is deemed separable from these Legal Terms and does not affect the validity and enforceability of the remaining provisions. The use of the Services and these Legal Terms does not create a joint venture, partnership, employment, or agency relationship between you and us. By agreeing to these Legal Terms, you acknowledge that they will not be interpreted against us merely because we drafted them. You hereby waive any and all defenses based on the electronic format of these Legal Terms and the absence of signatures from the parties involved in executing these Legal Terms.

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Contact us
To address a complaint regarding the Services or to obtain further information about the use of the Services, please reach out to us at:

ContentCloud AS

Kjølnesgata 14

Porsgrunn 3912

Norway

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Email: hello@contentcloud.no

Agreement to legal terms

We are ContentCloud AS, doing business as ContentCloud (“Company, “we”, “us”, “our”).

We operate the website https://contentcloud.no (the “Site” including the subdomains https://creator.contentcloud.no and https://app.contentcloud.no), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

ContentCloud AS is a marketplace for buying and selling advertising video material. ContentCloud allows brands to connect with content creators to simplify the process of acquiring video content for its marketing efforts. ContentCloud allows the creator to sell their content through our online marketplace.

You can contact us by email at hello@contentcloud.no or by mail to Kjølnesgata 14, Porsgrunn 3912, Norway.

These legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Customer”), the creator (seller) that provides the content (“Creator”) and ContentCloud AS, concerning your access to and use of the Services. You agree by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms from time to time. It is your responsibility your periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the services after the date such revised Legal Terms are posted.

The services are indented for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Our services

Services
In this Agreement, the Company acts as a commercial agency. We connect our customers, companies (“Company”) or agencies (“Agency”) acting on behalf of a Company with suitable Content Creators (“Creator”) based on their needs. Additionally, we facilitate marketing services by mediating contracts (“Contract”) between Content Creators and Clients. This is done by the creation of a campaign tender (“Campaign”) where the terms of the collaboration are specified, especially in regards to the purchased media (“Content”) (Most commonly in the form of video files).

Clients may also authorize the Company to directly contract Creators on their behalf. This means the Client provides a pre-agreed payment to the Company. The Company then manages the Campaign with the chosen Content Creators, acting as the Client's representative.

‍

Establishment of contractual obligations

There are three options for how a Customer can acquire a Creator for a Campaign;

The Customer buys services directly from the Creator through the Platform’s Explore Function, where Creators have pre-defined their prices for different usage right levels;
the Customer invites a Creator to a pre-made Campaign through the Invite Functionality;
The Customer creates a public Campaign (a tender) in which Creators can send a bid (Proposal) which the Customer can choose to accept or decline.