Last Updated: October 26, 2023

1. Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” “your”) and UGC.Click (“we,” “us,” “our,” “Platform”) governing your access to and use of the UGC.Click website at https://ugc.store/ and all related services, features, and content (collectively, the “Service”).

By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Service.

2. Definitions

• Creator: A User registered to offer and provide content creation services, specifically User-Generated Content (“UGC”), through the Platform.

• Brand: A User registered to browse, hire, and collaborate with Creators for content creation projects.

• Content: Any text, graphics, images, music, software, audio, video, works of authorship, or other materials uploaded, posted, generated, or transmitted through the Service, including UGC, profile information, and project briefs.

• Project: A formal agreement facilitated through the Platform between a Brand and a Creator for the delivery of specific Content, governed by a Project Agreement.

• Project Agreement: The specific terms (scope, deliverables, timeline, payment, usage rights) agreed upon by a Brand and a Creator for a Project, which forms part of these Terms.

3. Eligibility and Registration

• You must be at least 18 years old to use the Service.

• You must provide accurate, current, and complete information during registration and keep your account updated.

• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use.

• We reserve the right to suspend or terminate accounts that provide false information or are in violation of these Terms.

4. User Roles and Conduct

A. For All Users, You Agree NOT to:

• Violate any applicable law or regulation.

• Infringe upon the intellectual property, privacy, or other rights of any third party.

• Upload, post, or transmit any Content that is unlawful, harassing, defamatory, abusive, fraudulent, obscene, or contains viruses/malware.

• Impersonate any person or entity or misrepresent your affiliation.

• Use the Service to harass, bully, or threaten other users.

• Engage in any activity that interferes with or disrupts the Service.

• Circumvent or attempt to circumvent the Platform’s payment system or fee structure.

B. For Creators, You Represent and Warrant That:

• You have the right, skill, and authority to enter into Project Agreements and provide the services offered.

• All Content you create and deliver is your original work, does not infringe any third-party rights, and you have obtained all necessary releases (for people, locations, music).

• You will perform services professionally and in accordance with the agreed Project Agreement.

• You will clearly disclose the use of AI-generated elements in your Content if applicable.

C. For Brands, You Represent and Warrant That:

• You have the authority to enter into Project Agreements and pay for services.

• You will provide clear, lawful briefs and necessary materials to the Creator.

• You will not request Content that promotes illegal activities or violates these Terms.

5. Content Ownership and Licensing

• Creator Ownership: The Creator retains all original copyright and ownership of the Content they create.

• License Grant to Brand: Upon full payment for a Project, the Creator grants the Brand the license specified in the Project Agreement. A typical license includes worldwide, non-exclusive rights to use, reproduce, and display the Content for specified marketing purposes and timeframes.

• “Work for Hire” or Exclusive Rights: Any transfer of full copyright or exclusive rights must be explicitly stated and negotiated within the Project Agreement, often for an additional fee.

• Platform License: By uploading Content, you grant UGC.Click a non-exclusive, worldwide license to host, display, and use the Content as necessary to operate and promote the Service.

6. Projects, Payments & Fees

• Project Agreement: The specific terms of each Project (deliverables, deadlines, revisions, payment, usage license) must be agreed upon via the Platform’s system before work begins.

• Service Fees: UGC.Click charges a service fee on each transaction. The fee structure will be clearly displayed to users. You are responsible for any applicable taxes.

• Payment Processing: Payments are processed through our secure third-party payment providers. Brands are typically required to fund a Project upfront, and funds are released to the Creator upon Project completion and Brand approval, as per the Project Agreement.

• Disputes: Users are encouraged to resolve disputes amicably. UGC.Click may offer a dispute resolution process, but we are not a party to the Project Agreement and our liability is limited as stated below.

7. AI-Assisted Content

If the Platform offers tools for AI-generated or AI-assisted Content (“AI Content”):

• Users must comply with all applicable laws and Platform policies regarding AI Content disclosure and use.

• Users are solely responsible for ensuring AI Content does not infringe rights or violate these Terms.

• UGC.Click does not claim ownership of AI Content generated by users but retains the license described in Section 5.

8. Disclaimer of Warranties & Limitation of Liability

• Service “AS IS”: The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.

• No Liability for Interactions: We are not liable for the actions, conduct, or Content of any Users. We do not endorse any User or Project.

• Limitation of Liability: To the fullest extent permitted by law, UGC.Click shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of the Service.

• Maximum Liability: Our total liability to you for any claim shall not exceed the total fees you have paid us in the six (6) months prior to the claim, or $100, whichever is greater.

9. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service ceases immediately.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of [Insert Jurisdiction, e.g., the State of Delaware, USA], without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in [Insert City, Jurisdiction].

11. General Provisions

• Modifications: We reserve the right to modify these Terms at any time. We will notify users of material changes. Continued use constitutes acceptance of new terms.

• Entire Agreement: These Terms, together with the Privacy Policy and any Project Agreement, constitute the entire agreement between you and UGC.Click.

• Severability: If any provision is found invalid or unenforceable, the remaining provisions will remain in full effect.

• Contact: For questions about these Terms, contact us at: hello@ugc.store