Contented Terms and Conditions
These Terms and Conditions (“Terms”) govern your use of the services provided by Contented Media Group Ltd of 10 York Road, London SE1 7ND, a company registered in England No. 11333684 (“Contented”, “we,” “us,” or “our”), including the sourcing of content creators, processing of content, and any other related services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our services.
Definitions
Agreement: a binding agreement between Contented and other parties, which is made up of these Terms together with the Work Order as agreed by the parties from time to time.
Brand: a brand or agent involved in a Campaign as detailed in a Work Order.
Campaign: the marketing campaign(s) involving a Brand, or agent, and a content Creator, as detailed in a Work Order.
Creator: an individual or party or agent who creates media content in relation to the Campaign.
Fees: the compensation in relation to a Campaign, as set out in the Work Order.
The Platform: Contented’s proprietary technology which allows registered content creators to engage with Brands, which includes, but is not limited to, the website www.contentedworld.com
Service Level Agreement / SLA: the service level agreement in accordance with which the Platform services will be supplied by Contented as specified in Schedule 1
Users: includes Brands and content Creators.
Work Order: the statement of work created through The Platform, referred to as the Smartbrief, and agreed between the parties, which includes, but is not limited to, the scope of the campaign, the required services, the media deliverables, the timeframe, the Fees and the related usage rights.
1. Services Provided
1.1. Content Creation and Processing: Contented provides services to source content Creators and process content for publishing on various platforms. The specific terms for each service are detailed in the corresponding Work Order. 1.2. Content Delivery: We will process and deliver content in accordance with the agreed formats and standards as specified in the relevant Work Order.
2. User Responsibilities
2.1. Obligations: Users of The Platform must provide necessary materials, access, and information as required for the fulfillment of services. Any specific content requirements must be communicated in advance and detailed in the Work Order. 2.2. User Account Security: Users are responsible for maintaining the confidentiality of their account information and are liable for all activities conducted under their account. 2.3. Compliance with Laws: Users must use our services in compliance with all applicable laws and regulations.
3. Data Privacy and Collection
3.1. Data Collection: We collect and process personal data in accordance with our Privacy Policy. This includes information necessary to provide our services, such as contact details, payment information, and user preferences. 3.2. User Rights: Under GDPR, CCPA, and other applicable laws, Users have rights to access, correct, delete, and restrict the processing of their personal data. Users can exercise these rights by contacting us at privacy@contentedworld.com. 3.3. Cookies: Our use of cookies is governed by our Cookie Policy found at www.contentedworld.com. Users can manage their cookie preferences via our cookie management tool.
4. Data Security
4.1. Security Measures: We implement industry-standard security measures to protect user data, including encryption, secure storage, and access controls. We regularly review our security practices to ensure they meet the latest standards. 4.2. Breach Notification: In the event of a data breach, we will notify affected users as required by applicable law and take necessary steps to mitigate any damage.
5. Ecommerce and Payment Security
5.1. Payment services: Our services may include integrations with Web3 wallets and other payment services. We ensure these integrations comply with PCI DSS and other relevant security standards. 5.2. Transaction Security: All transactions conducted via our services are encrypted and secured. Users are responsible for safeguarding their own payment credentials.
6. Intellectual Property and Content Licensing
6.1. Content Ownership: Unless otherwise agreed in a Work Order, Contented or the content Creator retains all intellectual property rights in the content produced. Upon full payment, the Brand is granted a non-exclusive, perpetual, worldwide license to use the content for marketing and promotional purposes. 6.2. Copyright Compliance: Users must ensure that any content they submit does not infringe on third-party copyrights. We reserve the right to remove content that violates copyright laws. 6.3. Attribution: Proper attribution must be provided for any content used from third-party sources, in compliance with licensing agreements. 6.4 The Creator warrants that that they have the legal capacity to enter into this Agreement and in doing so that they will not infringe the intellectual property rights (including without limitation copyright, trade mark, or rights of publicity) or other rights of any third party.
7. Content Approval Process
7.1. Approval: All content created as part of our services is subject to final approval by the Brand. Contented will implement any reasonable changes requested by the Brand to ensure the deliverables meet the required standards as specified in the Work Order.
8. Non-Dealing Clause
8.1. Non-Dealing: To protect Contented’s legitimate business interests, Creators agree not to directly engage with any Brand introduced by Contented for a period of 12 months following the conclusion of the most recent campaign involving that brand.
9. Termination Clause
9.1. Termination: Either party may terminate this agreement upon a material breach by the other party, provided that the breach is not remedied within 14 days of written notice. Contented may also terminate the agreement if the content creator becomes unavailable or unwilling to fulfill their obligations.
10. Indemnity Clause
10.1. Indemnity: The Creator agrees to indemnify and hold harmless Contented from any claims, damages, liabilities, and expenses arising out of or in connection with the services provided, including but not limited to any claims related to copyright infringement, defamation, or privacy violations.
11. Limitation of Liability
11.1. Limitation of Liability: Contented’s liability for any loss or damage arising out of this agreement shall be limited to the amount of fees paid by the user under the applicable Work Order. Contented shall not be liable for any indirect, incidental, or consequential damages.
12. Confidentiality
12.1. Confidentiality: Brands and Creators agree to keep confidential all information disclosed in connection with this agreement, including business plans, marketing strategies, and personal data of content Creators. This obligation remains in effect after the termination of this agreement.
13. Governing Law and Jurisdiction
13.1. Governing Law: This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Miscellaneous
14.1. Entire Agreement: These Terms, along with our Privacy Policy, Cookie Policy, and any service agreements, constitute the entire agreement between you and Contented regarding the use of our services. 14.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. 14.3. Waiver: Failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. 14.4. Amendments: Contented reserves the right to modify these Terms at any time. Users will be notified of any material changes through a notice on our Website or via email. Continued use of our services after such modifications constitutes acceptance of the new Terms.
15. Contact Information
15.1. Inquiries: For any questions or concerns about these Terms, please contact us at info@contentedworld.com
Contented Privacy Policy
Introduction:
At Contented, we are committed to protecting the privacy and security of our users. This privacy policy explains how we collect, use, and protect personal information on our website, including The Platform, and also describes our newsletter subscription process.
1. Collection of Information:
We collect personal information when you register for a Contented account, purchase a license for content, or subscribe to our newsletter. This may include your name, email address, payment information, and other relevant details. We may also collect non-personal information, such as your IP address, browser type, and device information, to improve our website and services.
2. Use of Information:
We use the personal information collected from users to provide and improve our services, process transactions, and communicate with users about their accounts and purchases. We may also use the information to send marketing and promotional materials, including our newsletter, to users who have subscribed to receive them.
3. Newsletter Subscription:
Users who choose to subscribe to our newsletter will receive periodic updates about our services, promotions, and other relevant news. We use a third-party service provider to manage our newsletter subscription process, and users may unsubscribe at any time by following the instructions included in each email.
4. Disclosure of Information:
We do not sell or rent personal information to third parties. We may share personal information with trusted service providers who assist us in providing our services, such as payment processors or hosting providers. We may also disclose personal information if required by law or to protect our rights and interests.
5. Security of Information:
We take reasonable measures to protect personal information from unauthorized access, use, or disclosure. This includes the use of industry-standard security technologies and procedures, as well as regular security assessments and employee training.
6. Access and Control of Information:
Users may access, modify, or delete their personal information by logging into their Contented account or contacting customer support. Users may also request to unsubscribe from our newsletter by following the instructions included in each email.
7. Children’s Privacy:
Contented is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child under the age of 13, we will promptly delete the information.
8. Changes to Privacy Policy:
Contented reserves the right to modify or update this privacy policy at any time, without notice or liability. Users are responsible for reviewing this privacy policy periodically to ensure compliance.
By using Contented, you consent to the collection, use, and disclosure of personal information as described in this privacy policy. If you do not agree to this privacy policy, you may not use Contented.
Schedule 1
Contented Service Level Agreement
- Introduction
1.1 In this Schedule:
“The Provider” is Contented Media Group Ltd.
“The Platform” is the technology solution provided by The Provider allowing registered content creators to engage with Brands, which includes, but is not limited to, the website www.contentedworld.com
“New Functionality” means new functionality that is introduced to the Platform by an Upgrade.
“Standard hourly rate” is £100 per hour (US$125 per hour).
“Support Hours” are 9am to 6pm UK time, five days per week. UK bank holidays / public holidays are excluded.
“The Term” refers to the length of the contract signed between The Provider and The User.
1.2 References in this Schedule to Paragraphs are to the paragraphs of this Schedule, unless otherwise stated.
- Helpdesk
2.1 The Provider will make available, during Support Hours, a telephone and email helpdesk facility (“Support Services”) for the purposes of:
(a) assisting the Customer with the proper use of the Platform; and/or
(b) determining the causes of errors and fixing errors in the Platform.
2.2 Customer must make all requests for Support Services through the helpdesk, and all such requests must include at least the following information:
- Customer name
- Customer email address
- Problem description and the circumstances under which the problem occurred
- Response and resolution times
3.1 The Provider will:
(a) use reasonable endeavours to respond to requests for Support Services made through the helpdesk; and
(b) use reasonable endeavours to resolve issues raised by the Customer, in accordance with the following response time matrix.
| Severity | Examples | Response time | Resolution time |
| High
Medium |
Service Outage Issue
Application Issue |
2 hours
4 hours |
24 hours
48 hours |
3.3 All Support Services will be provided remotely unless expressly agreed otherwise by the Provider.
- Limits on Support Services
4.1 The Provider shall have no obligation under the Agreement to provide Support Services in respect of any fault or error caused by:
(a) the improper use of the Platform.
(b) the use of the Platform otherwise than in accordance with instructions.
(c) improper or negligent use of the application.
4.2 In the circumstances where support services are provided to resolve problems caused by events in 4.1, the total person-hours spent by the Provider performing the Support Services will be subject to payment by the Customer of additional charges at the Provider’s Standard Hourly Rates from time to time.
- Upgrades
5.1 The Customer acknowledges that from time to time during the Term the Provider may apply upgrades to the Platform (“Upgrades”), and that such Upgrades may, subject to Paragraph 5.2, result in changes the appearance and/or functionality of the Platform.
5.2 No Upgrade shall disable, delete or significantly impair the Protected Functionality.
5.3 The Provider will give to the Customer reasonable at least 30 days’ prior written notice of the application of any significant Upgrade to the Platform. Such notice shall include details of the specific changes to the functionality of the Platform resulting from the application of the Upgrade.
5.4 The Customer shall not be subject to any additional charges arising out of the application of the Upgrade, save where:
(a) the Upgrade introduces New Functionality to the Platform;
(b) that New Functionality does not serve the same purpose as legacy functionality that ceases or has ceased to be available as a result of any Upgrade;
(c) access to or use of the New Functionality is chargeable to the customers of the Provider using the Platform generally; and
(d) any decision by the Customer not to pay the charges for the New Functionality will not prejudice the Customer’s access to and use of the rest of the Platform.
- Uptime commitment
6.1 The Provider shall use reasonable endeavours to ensure that the Platform is available 99% of the time during each calendar month, excluding issues outside of the Providers control, such as Internet access, mobile data connectivity, GPS data signal availability, subject to Paragraph 7.
6.2 Platform uptime shall be calculated using the availability of the API server responding to API requests.
- Scheduled maintenance
7.1 The Provider may suspend access to the Platform in order to carry out scheduled maintenance, such maintenance to be carried out, outside Support Hours and such suspension to be for not more than 8 hours in each calendar month. Such maintenance may include:
(a) planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time limited to a maximum of 2 hours per week; and
(b) unscheduled maintenance performed outside the hours of 8.00 am to 6.00 pm local UK time Monday to Friday Excluding public holidays (Normal Support Hours), provided that the Provider has used reasonable endeavours to give the Customer at least 6 Normal Support Hours’ notice in advance.
7.2 The Provider must give to the Customer at least 14 days’ written notice of schedule maintenance outside of that in Paragraph 7.1, including full details of the expected Platform downtime.
7.3 Platform downtime during scheduled maintenance carried out by the Provider in accordance with this Paragraph 7 shall not be counted as downtime for the purposes of Paragraph 6.