1. ACCEPTANCE OF TERMS OF SERVICE
1.1 DoReel LTD (herein referred to as DoReel, we, us, or our) owns and operates certain websites, including https://doreel.com, and platforms (collectively, the “Platform”) and makes available marketing and promotional services (the DoReel Services). All use of the DoReel Services and Platform is subject to the latest version of terms and conditions contained in this Terms of Service Agreement, as amended from time to time (Agreement). Please read this Agreement carefully. By accessing, creating an account, browsing, or otherwise using the DoReel Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, or use the DoReel Services.
1.2 This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, supersedes all previous Agreement versions, except for existing separate agreements concluded in writing between the parties concerning such subject matter, and may be modified at any time without prior notice. Without prejudice to the foregoing, it is only the latest version of the Agreement which governs all the Content, including Content pieces created in the past. Any changes to this Agreement will be posted on this page and will indicate the latest revision. You may read a current, effective copy of this Agreement at any time by visiting https://doreel.com/TOM. Any such Agreement changes will become effective immediately upon their posting on this page. Continuation to browse DoReel websites and/or use DoReel services will constitute your agreement to any changes made to the Agreement. Without prejudice to the foregoing, in the event of any conflict of terms found between this Agreement or any other terms and conditions, end user license agreements or privacy policies, the terms of this Agreement shall prevail.
1.3 Additional Terms. In addition, when using DoReel, you will be subject to any additional terms applicable to our services that may be posted on the DoReel websites and/or services from time to time, including without limitation, DoReel’s Privacy Policy located at https://doreel.com/Privacy. All such terms and conditions are hereby incorporated by reference into this Agreement.
1.4 ARBITRATION. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 16 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DOREEL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED IN A COURT OF LAW.
2. INTRODUCTION
2.1 The purpose of the DoReel platform is to connect businesses (“Brands”) with the user community on social media (“Creators”) and enable social media marketing, user-generated content, and other tasks: create and manage relationships, arrange products/services giveaways, enable user-generated content purchases and distribution on social media; subject to compliance with these Terms of Service. In doing so, Creators may create films, videos, animations, audiovisual works, or other media (“Content”) and sell rights to such Content to Brands.
2.2 The DoReel platform also allows Creators to create and sell rights to Content directly to DoReel, which subsequently licenses such Content to its customers.
2.3 In these Terms of Service, Brands and Creators are collectively and individually referred to as “users” or “you” as the context requires. Whenever a Brand acts on behalf of its clients (e.g., Brand is an agency that represents multiple clients for whose benefit the Content is created), Creator and DoReel confirm that nothing in the Agreement restricts the Brand from sharing Content with the Brand’s clients.
2.4 Your access to and use of the DoReel Platform is conditional upon your agreement and acceptance of these Terms of Service. Continuation of use of the DoReel Platform is regarded as acceptance of these Terms of Service. If you do not wish to be bound by these Terms of Service, do not use the Platform.
2.5 DoReel may at any time revise these Terms of Service by updating this page. Revisions will take immediate effect and may affect your ability to use the Platform. Since you are bound by these Terms of Service each time you use the DoReel Platform, you should check these Terms of Service for any revisions each time you use it and wherever prompted to do so. Your use of the DoReel Platform following the posting of any revisions to these Terms of Service constitutes your acceptance of those revisions.
2.6 DoReel reserves the right to change the Platform in any way it sees fit. Even if you have an Account, your ability to access and use the DoReel Platform may be terminated at any time without notice to you.
2.7 Any costs associated with using the DoReel Platform remain your responsibility and are dependent on the service provider used.
3. USING THE DOREEL PLATFORM
3.1. Content creation and selling to Brand
3.1.1 The DoReel Platform allows Brands to connect with the user community on social media and/or purchase user-generated content in order to acquire Creators’ video and audio content, created specifically for the Brand pursuant to a request submitted by Brand on the Platform.
3.1.2 Using the DoReel Platform, Brands provide tailored social media marketing and/or user-generated content tasks (“Task”) with accurate and comprehensive descriptions of Content requirements (“Task Brief”).
3.1.3 Creators may select specific Tasks which they wish to undertake and sell Content created to the specific Brand. By selecting the Task, the Creator expresses their consent to implement the Task following the Task Brief and other conditions, including remuneration terms presented in the Task, as well as terms and conditions provided in these Terms of Service. The Brand, under its sole discretion, decides whether to approve a specific Creator to carry out the Task. The Creator may undertake implementing the Task only after the Brand confirms it.
3.1.4 Creators and Brands agree that they will not attempt to negotiate terms or payment for the social media marketing task or user-generated content.
3.2. Content creation and selling to DoReel
3.2.1 The DoReel platform also allows Creators to create their own Content and sell it to DoReel. DoReel makes this Content available through the stock library for its customers to acquire certain rights to such Content under separate agreements.
3.2.2 DoReel is entitled to establish technical and/or any other requirements for such Content, which the Creator must follow if they wish to sell the Content to DoReel.
3.2.3 DoReel remunerates the Creator for the Content following the conditions set out by DoReel and presented to the Creator before the Content is uploaded to the DoReel platform.
3.2.4 DoReel is entitled to refuse to accept the Content or to remove the Content from DoReel’s platform stock library for any reason.
4. REGISTERING AN ACCOUNT
4.1 In order to use the DoReel Platform, users must register an account via the Platform in the manner required and as set out in these Terms of Service.
4.2 DoReel reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion.
4.3 All information provided when registering an Account must be current, correct, and complete. Incomplete, ineligible, or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the DoReel Platform. You may never use another’s Account without permission.
4.4 You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify DoReel of any unauthorized use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify DoReel when you desire to cancel your Account. DoReel will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
4.5 DoReel retains the right and absolute discretion to terminate your Account and/or access to the DoReel Platform (or any element thereof) if it believes that you are abusing or tampering with the DoReel Platform (or any element thereof) in any way, that you have breached these Terms of Service, or that you have engaged in any unlawful, unethical, unsportsmanlike, or other misconduct calculated to jeopardize the proper administration of the DoReel Platform (or any element thereof).
4.6 The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. DoReel reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
4.7 To register a Brand Account, Brand must access the DoReel Platform and log in in the manner required, including providing Brand’s full name, email address, office address, telephone number, and credit card details. Brand will not be charged to create a Brand Account.
5. TERMS APPLICABLE FOR CREATORS
5.1 Eligibility. To use the DoReel platform, Creators must meet these eligibility criteria:
5.1.1 Any person must be 18 or older to register a Creator Account on the DoReel Platform.
5.1.2 In order to participate in any tasks and earn compensation via DoReel, Creators’ social media channels may not contain any inappropriate, unethical, disrespectful content or content that is contrary to these Terms of Service or to the terms of use of the relevant social media platform of the Creator’s social media channels.
5.2 Responsibilities. Creator is solely responsible for:
5.2.1 providing accurate and up-to-date personal, contact, and social media account information. This includes Paypal or Bank account information for DoReel to be able to transfer earned commission to Creator;
5.2.2 ensuring compliance with Task Brief and/or other requirements provided in advance. DoReel reserves the right to decline Creators’ work until provided requirements are matched to desired standards;
5.2.3 timely delivery, in accordance with Task Brief and/or other requirements provided in advance;
5.2.4 including necessary information required by DoReel, Brand, or the governing law when publishing on social media channels, if agreed by the Brand, including but not limited to ad disclaimers.
5.2.5 Creator’s interactions with other users of the DoReel Platform. Creator agrees that DoReel and Brand are not responsible for the conduct of any user.
5.3 If Creator does not meet the minimum standard, Creator may not be able to participate in Task or access the full functionality of the Platform.
5.4 Task Delivery. When participating in a Task, the Creator must follow these rules:
5.4.1 Content must adhere to the requirements contained in these Terms of Service, and requirements imposed by Brand and DoReel at the time of submitting the Content for approval. Brand or DoReel may reject Content that does not comply with this condition until all requirements are met.
5.4.2 Creator warrants, in respect of each piece of Content created for tasks, that:
5.4.2.1 Creator is of legal age to create, own and operate social media channels;
5.4.2.2 Creator owns the Intellectual Property Rights in the Content and is not restricted to execute Creator’s obligation to assign the Intellectual Property Rights in the Content to the Brand and (or) DoReel in the manner set out in these Terms of Service;
5.4.2.3 the Content does not violate the privacy rights, contract rights, or other rights (including Intellectual Property Rights) of any person, corporation, or entity;
5.4.2.4 the Content does not contain any misrepresentation or suggestion that Creator or any third party has the approval or sponsorship of any other party which Creator or such third party does not have;
5.4.2.5 any and all statements in the Content regarding Creator’s use and experience of the Brand or the Brand’s products or services are true and correct and representative of Creator’s opinion regardless of whether Creator is paid for such content or not, and fairly represent Creator’s use and experience and Creator will promptly notify DoReel if Creator’s opinion of the Brand changes from that which Creator has expressed to date;
5.4.2.6 the relevant Content does not contain any representations or material which Creator knows or suspects (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
5.4.2.7 the relevant Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by Creator in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
5.4.2.8 Creator has not entered into any other agreement, arrangement or understanding with any guild, union, industrial organization or other third party which prevents or limits Creator from adhering to these Terms of Service, performing Creator’s obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;
5.4.2.9 the use of the Content and the exercise of the Intellectual Property Rights in the Content by the Brand and (or) DoReel will not infringe any Intellectual Property Rights or other legal rights of any person or entity, nor give rise to a liability or any obligation to pay compensation to any person or entity.
5.5 Creator Restraints. Creator agrees not to:
5.5.1 parody, disparage, give any adverse comment, or make fun of the Brand or its products or services generally in any way;
5.5.2 create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines Content or the Brand or its products or services.
5.6 Creator acknowledges that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and (or) DoReel and that these Terms of Service go no further than is reasonably necessary to protect the interests of the Brand and DoReel.
6. TERMS APPLICABLE FOR BRANDS
6.1 The relevant Brand is solely responsible for:
6.1.1 providing Creator with an accurate and comprehensive description of Content requirements (“Task Brief”);
6.1.2 ensuring free product giveaways or service trials;
6.1.3 approving task participants and content created for the Brand in a timely manner;
6.1.4 timely paying for Content uploaded to the DoReel Platform.
6.2 Brands must adhere to the minimum spend (if applicable) implemented by DoReel and enclosed on the Websites and the Platform. DoReel may, at its sole discretion, change the minimum spend for Brand Accounts. More information on DoReel’s Pricing and charges can be found on our pricing page, located at https://doreel.com/pricing/
6.3 Payment Terms for Brands
6.3.1 You agree to pay DoReel all fees and charges made to your Brand Account for all created, approved Tasks, in accordance with these Terms of Service.
6.3.2 You must pay all charges in the manner agreed upon when creating the Task. If no manner for payment is stated, the payment must be made by credit card using a provider authorized by DoReel. DoReel reserves the right to charge a credit card surcharge.
6.3.3 Brands may be required to make an additional advanced payment for the task, if:
6.3.3.1 Creators are required to purchase Brands’ products/services before creating Content for the Task;
6.3.3.2 DoReel, under its sole discretion, identifies a threat to the Creator’s interest.
6.3.4 DoReel reserves the right to refuse any payment request in its sole discretion.
6.3.5 When you create a Task for your Brand, you undertake that you are an authorized user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your Task, we may carry out a standard pre-authorization check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfill the task budget. The relevant task may not be started until this pre-authorization check has been completed.
6.3.6 If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the DoReel Platform. Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the DoReel Platform or to suspend or terminate any current tasks.