ACCEPTANCE OF TERMS OF SERVICE

Last updated: 2 Feb, 2022
1.1. SkellUp, SkellUp (herein referred to as Skellup, we, us or our) owns and
operates certain web sites, including [insert link], platforms, including [insert link] and
Skellup Mobile Apps (collectively, the “Platform”) and makes available marketing and
promotional services (the Skellup Services). All use of the Skellup Services and
Platform is subject to the 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
Skellup 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 Skellup Services.
1.2 This Agreement sets forth the entire understanding of the parties with respect to
the subject matter hereof, supersedes all existing agreements between them
concerning such subject matter, and may be modified at any time without prior
notice. 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 [insert link]. Any such changes will become effective
immediately. Continuation to browse SkellUp websites and/or use SkellUp services
will constitute as your agreement to any changes made to the Agreement. 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 SkellUp, you will be subject to any
additional terms applicable to our services that may be posted on the Skellup
websites and/or services from time to time, including without limitation, SkellUp’s
Privacy Policy located at [insert link] (the “Privacy Policy”), additional terms and
conditions applicable to the Brands and Creators. 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 10 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 SKELLUP 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.

INTRODUCTION

2.1 The purpose of SkellUp platform is to connect businesses (“Brands”) with the
user community on social media (“Creators”) and enable social media marketing,
user-generated content and other campaigns: 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
these Terms of Service, Brands and Creators are collectively and individually
referred to as “users” or “you” as the context requires.
2.2 Your access to and use of the SkellUp Platform is conditional upon your
agreement and acceptance of these Terms of Service. Continuation to use SkellUp
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.
2.3 SkellUp 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 Use each time you use the SkellUp 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 SkellUp Platform following the posting
of any revisions to these Terms of Service constitutes your acceptance of those
revisions.
2.4 SkellUp 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 SkellUp Platform may be
terminated at any time without notice to you.
2.5 Any costs associated with using the SkellUp Platform remain your responsibility
and are dependent on the service provider used.

USING THE SKELLUP PLATFORM

3.1 The SkellUp Platform allows Brands to connect with the user community on
social media and/or purchase user-generated content in order to:
3.1.1 Acquire Creators’ video and audio content, created specifically for the Brand
(“Content”) pursuant to a request submitted by Brand on the Platform;
3.1.2 Provide Creators with affiliate commissions, based on sales made through
Creators’ channels.
3.2 “Intellectual Property Rights” means all present or future intellectual property
rights of whatever nature anywhere in the world including, but not limited to, rights in
respect of or in connection with copyright, trademarks, service marks, trade names,
domain names, right of publicity, patents, designs, and similar rights, whether or not
registered or able to be registered, and includes the right to apply for the registration
of such rights, anywhere in the world. Brand acquires all right, title, and interest in all
Intellectual Property Rights to the Content, created by Creator and uploaded onto the
SkellUp Platform that pertains to the Brand’s product. Subject to the license granted
by Brand to SkellUp in paragraph 5.5.2.2, such Content, created by Creator and
uploaded onto the SkellUp Platform, can also be used by SkellUp for SkellUp’s
social media, advertising and other purposes both within and outside of SkellUp
platform.
3.3 The relevant Brand is solely responsible for:
3.3.1 providing Creator with an accurate and comprehensive description of Content
requirements (“Campaign Brief”);
3.3.2 ensuring free product giveaways or service trials;
3.3.4 approving campaign participants and content created for the Brand in a timely
manner;
3.3.5 timely paying for Content uploaded to the SkellUp Platform.
3.4 SkellUp Platform allows Creators to participate in social media marketing and/or
user-generated campaigns by:
3.4.1 providing tailored social media marketing and/or user-generated content
campaigns with accurate and comprehensive requirements;
3.4.2 creating Content for Brands in accordance with Campaign Brief and/or other
requirements, provided in advance.
3.5 Creator is solely responsible for:
3.5.1 providing accurate and up to date personal, contact and social media account
information. This includes Paypal or Bank account information for SkellUp to be able
to transfer earned commission to Creator;
3.5.2 ensuring compliance with Campaign Brief and/or other requirements, provided
in advance. SkellUp reserves the right to decline Creators’ work until provided
requirements are matched to desired standards;
3.5.3 timely delivery, in accordance with Campaign Brief and/or other requirements,
provided in advance;
3.5.4 including necessary information, required by SkellUp, Brand or the governing
law when publishing on social media channels, if agreed by the Brand, including but
not limited to ad disclaimers.
3.6. Creators and Brands agree that they will not attempt to negotiate terms or
payment for the social media marketing campaign or user-generated content.
3.7. You may not decompile, reverse engineer, disassemble, convert or authorize
any third party to decompile, reverse engineer, disassemble or otherwise convert
any element of the SkellUp Platform to a human perceivable form; distribute or
republish any element of the SkellUp Platform in any way; resell, rent, lease or lend
any element of the SkellUp Platform; defeat, disable or circumvent any security
feature of the SkellUp Platform; or transfer any element of the SkellUp Platform to
any third party.
3.8 To use SkellUp Platform, users must be eligible to use the social media platforms
(under the relevant platforms prevailing terms and conditions). By using any social
media applications or features on the SkellUp Platform, Creator also consents and
agrees to be bound by the particular terms and conditions of use of the social media
platform.
3.9 Creator is solely responsible for Creator’s interactions with other users of the
SkellUp Platform. Creator agrees that SkellUp and Brand are not responsible for the
conduct of any user.
3.10 You must not engage in crawling, scraping, caching or otherwise accessing any
content on the SkellUp Platform via automated means, except with SkellUp’s written
consent.
3.11 Nothing in these Terms of Service is intended nor does create a partnership,
agency, employment or fiduciary relationship between SkellUp and any user.
3.12 Subject to Brand’s and Creator’s respective compliance with these Terms of
Service, Brand and Creator are granted a limited, non-exclusive, revocable and nontransferable license to access and use the SkellUp Platform in the manner
anticipated in these Terms of Service. Any costs associated with accessing and
using the SkellUp Platform generally remain the respective responsibility of Brand
and Creator and is dependent on the service provider used. Brand and Creator are
responsible for ensuring that the respective computer system or mobile device that
Brand or Creator use to access the SkellUp Platform is compatible with the SkellUp
Platform and meets all relevant technical specifications necessary to obtain the
benefit of the SkellUp Platform.
3.13 The SkellUp Platform may contain links to other sites not maintained by SkellUp
(“Linked Sites”). SkellUp is not responsible for the content of any Linked Sites,
whether or not SkellUp is affiliated with the Linked Sites. SkellUp does not in any
way endorse any Linked Sites and is not responsible for the quality or delivery of any
products or services offered, accessed or advertised by such Linked Sites. To the
extent that these Linked Sites collect personal information or contributions from
Creator, SkellUp shall bear no responsibility or liability for the manner in which such
information or postings are used or exploited. The Linked Sites are for Creator’s
convenience only and Creator agrees to access them at Creator’s own risk.
3.14 You also acknowledge and consent to the SkellUp Platform accessing
information you may have shared with the particular social media platform and
contacting you via the social media platform or via the information you have shared
(for example, sending an email directly to you to the email address provided to the
social media platform), in accordance with the permissions you have granted via the
social media platform. You are encouraged to review the terms and conditions of use
of each social media platform before engaging or interacting with the social media
links, applications or features on the SkellUp Platform. The SkellUp Platform is in no
way sponsored, endorsed or administered by, or associated with, any social media
platform.

REGISTERING AN ACCOUNT

4.1 In order to use the SkellUp Platform, users must register an account via the
Platform in the manner required and as set out in these Terms of Service.
4.2 SkellUp 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 SkellUp 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
SkellUp of any unauthorised 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
SkellUp when you desire to cancel your Account. SkellUp will not be responsible or
liable for any loss or damage arising from your failure to comply with this provision.
4.5 SkellUp retains the right and absolute discretion to terminate your Account
and/or access to the SkellUp Platform (or any element thereof) if it believes that you
are abusing or tampering with the SkellUp 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
jeopardise the proper administration of the SkellUp 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. SkellUp reserves the right to
suspend or terminate your Account if it believes you are engaging in such activity.
4.7 Users understand that in creating an Account they are providing their information
to SkellUp and not to any social media platform. Users of the SkellUp Platform
(whether Creators or Brands) are solely responsible and liable for any Content or
information they respectively transmit to other users of the SkellUp Platform. To the
extent permitted by law, each user of the SkellUp Platform agrees to indemnify,
defend and forever hold harmless, all social media platforms and their associated
agencies and companies, against any and all losses, actions, claims, costs,
expenses and damages (of any nature) which may be incurred by the user in respect
of their use of the SkellUp Platform. Any questions, comments or complaints about
the SkellUp Platform must be directed to SkellUp and not to any media or social
media platforms

TERMS APPLICABLE FOR CREATORS

5.1 Creator Eligibility
5.1.1 Any person must be 18 or older to register Creator Account on the SkellUp
Platform.
5.1.2 In order to participate in any Campaigns and earn compensation via SkellUp,
Creators must meet the following minimum standards:
5.1.2.1 their social media channels (including, but not limited to, Instagram and
Facebook) 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 Further Terms for Creator Accounts
5.2.1 If Creator does not meet the minimum standard, Creator may not be able to
participate in campaign or access the full functionality of the Platform.
5.2.2. To register Creator Account, Creator must sign in to the Platform with their
Instagram, Facebook account or other provided manner. In order to participate in
campaigns, Creator must connect their Instagram account in the manner required.
SkellUp Platform will not publish any content on Creator’s behalf on owned social
media channels.
5.3 Creator Compensation
5.3.1 Creators are compensated for the Content they create after the Content is
uploaded to the Platform and accepted by Brand.
5.3.2 Creator agrees that by uploading the Content to the Platform, Creator transfers
all right, title, and interest in all Intellectual Property Rights to the Content to Brand,
and must not post such Content on Creator’s own social media channels, unless so
permitted by Brand.
5.4 Terms for Participating in a Campaign
5.4.1 Content must adhere to the requirements contained in these Terms of Service,
and requirements imposed by Brand and SkellUp at the time of submitting the
Content for approval. Brand or SkellUp may reject Content which 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 the
Campaigns, 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 has the
right, as applicable, to assign the Intellectual Property Rights in the Content to the
Brand 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 SkellUp 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 SkellUp 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 Rights in Content
5.5.1. All right, title and interest in all Intellectual Property Rights in Content created
will be transferred to the Brand. SkellUp reserves the right to also use the Content
created for SkellUp’s own marketing and advertising purposes both on and outside
The SkellUp Platform.
5.5.2 In consideration of Payment for the Content, the Creator agrees to grant in
respect of each and every piece of Content:
5.5.2.1 the right to edit and re-format the Content into such formats or versions for
use by Brand in such media as Brand requires in accordance with this clause;
5.5.2.2 a transfer and assignment to Brand of all right, title, and interest in all
Intellectual Property Rights to the Content, created by Creator and uploaded onto the
SkellUp Platform that pertains to the Brand’s product, without further notification to or
consent of the Creator or any further compensation payable to the Creator. Brand
grants SkellUp a royalty-free, perpetual, worldwide, irrevocable, non-exclusive,
transferable license to use, edit, and re-format the Content for the sole purpose of
marketing and promoting Brand and/or SkellUp (and the SkellUp products and
services to which this Agreement pertains), without further notification to or consent
of the Creator or any further compensation payable to the Creator;
5.5.2.3 the right to use the Creator’s identity and performances in the Content and to
communicate the Content to the public in all languages, in all media including but not
limited to: all online paid media (including but not limited to digital banners); in all
online owned media (including but not limited to the website of SkellUp and internal
communications of SkellUp); in all social media (including but not limited to the social
media channels of Brand); and in any earned media or public relations activity
published by a third party (including but not limited to print, digital and/or social
media);
5.5.2.4 the right to organically share, comment upon and organically re-post the
relevant Content in the social media channel upon which the Content was published;
5.5.3 Creator acknowledges and agrees that Brand will not be required to remove
from its social media channels any Content or any comment, share or re-post of
Content.
5.5.4 Creator acknowledges and agrees that upon uploading the Content to the
Platform, the Content and all Intellectual Property Rights subsisting in Content
irrevocably becomes the property of Brand). This assignment is absolute, worldwide
and for all uses and purposes including, without limitation the re-assignment of the
Content to any other person or entity, licensing the Content to any other person or
entity, the making of any modifications, enhancements, adaptations or versions of
the Content, creating derivative works, and including any releases of the post in any
medium. Creator agrees that Creator will, upon request by SkellUp, execute all
documents and provide all information necessary to perfect Brand’s title in all
Intellectual Property Rights in the Content. Creator releases Brand and SkellUp,
their directors, officers, employees, successors, and assigns from all liability from
any claims by Creator in connection with Content uploaded at Brand’s or SkellUp’s
request.
5.5.5 Creator acknowledges and agrees that Content must not be posted to
Creator’s channels or published in any other way under any circumstances, including
re-posting or commenting upon the content after it has been posted or shared by
SkellUp or a Brand.
5.5.6 By uploading Content to the Platform, Creators grant to Brand and SkellUp and
its successors, licensees and assigns, to the maximum extent permitted by law, an
unconditional and irrevocable waiver of all Moral Rights in the Content, and genuine
consent to Brand and SkellUp and the successors, licensees and assigns of Brand
and SkellUp, to use, deal, reproduce, publish, transmit, adapt, edit, change, modify
or relocate the Content, whether in whole or in part, and whether alone or in
combination with any other materials, including where such acts involve an
infringement of any Moral Rights subsisting in the Content.
5.7 Creator Restraints
5.7.1 Creator agrees not to:
5.7.1.1 parody, disparage, give any adverse comment or make fun of the Brand or its
products of services generally in any way;
5.7.1.2 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.
5.7.2 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
SkellUp and that these Terms of Service go no further than is reasonably necessary
to protect the interests of the Brand and SkellUp.

ADDITIONAL TERMS FOR BRANDS

6.1 Further Terms for Brand Accounts
6.1.1 To register a Brand Account, Brand must access the SkellUp 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.
6.1.2 Brand will be charged upfront for each Task Brand creates (multiple tasks if
you select one of SkellUp’s Subscription plans). More information on SkellUp’s
Pricing and charges can be found on our pricing page, located at
https://SkellUp.app/pricing/
6.1.3 Brands must adhere to the minimum spend (if applicable) implemented by
SkellUp and enclosed on the Websites and the Platform. SkellUp may, at its sole
discretion, change the minimum spend for Brand Accounts.
6.1.4 Brands are able to create social media campaigns on the Platform
(“Campaigns”). Brand agrees that the information provided about the product/service
in a Campaign is accurate.
6.1.5 With respect to Campaigns, Brand acknowledges and agrees that the Brand’s
use of any Content is strictly conditional upon payment for the Campaign and then
only in accordance with these Terms of Service.
6.1.6 SkellUp reserves the right to not approve the Campaigns and/or Brands that
promote nudity, religious beliefs, violence, forbidden substances, as well as Brands
that might cause any conflict of interests. Therefore, SkellUp also reserves the right
to reject Content that promotes nudity, religious beliefs, violence and forbidden
substances.
6.2 Payment Terms for Brands
6.2.1 You agree to pay SkellUp all fees and charges made to your Brand Account for
all created, approved Tasks, in accordance with these Terms of Service.
6.2.2 You must pay all charges in the manner agreed upon when creating the
Campaign. If no manner for payment is stated, the payment must be made by credit
card using a provider authorised by SkellUp. SkellUp reserves the right to charge a
credit card surcharge.
6.2.3 Brands may request that SkellUp issue an invoice for fees and charges
expected to be incurred by the Brand during the course of a Campaign (“Invoice”),
prior to the commencement of the Campaign.
6.2.4 Brands may be required an additional advanced payment for the Campaign, if:
6.2.4.1 Creators are required to purchases Brands’ products/services before creating
Content for the Campaign;
6.2.4.2 SkellUp, under its sole discretion, identifies a threat to the Creator’s interest.
6.2.5 SkellUp reserves the right to refuse any Invoice request in its sole discretion.
6.2.6 Where no terms of payment are stated on an Invoice or otherwise agreed with
SkellUp in writing, the following standard payment terms apply:
6.2.6.1 Transactions made on Credit Card are charged upfront;
6.3 Payment of all Invoices is due in accordance with these Terms of Service.
6.4 When you create a Campaign for your Brand, you undertake that you are an
authorised 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
Campaign, we may carry out a standard pre-authorisation check of your nominated
card or account (as applicable) to verify the details provided and to ensure there are
sufficient funds to fulfil the Campaign Budget. The relevant Campaign may not be
started until this pre-authorisation check has been completed.
6.5 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 SkellUp 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 SkellUp Platform or to suspend or terminate any current
Campaigns.
6.6 Terms for Campaigns
6.6.1 SkellUp in its sole discretion reserves the right to reject Campaigns that do not
comply with these Terms of Service or applicable law.
6.6.2 Upon creating the Campaign, you agree to the calculated price per Content
and confirm Campaign budget.
6.6.3 You must not attempt to instruct, coerce or manipulate Creator to hide the
commercial relationship between the Brand (Advertiser) and the Creator. Such
attempts may result in Brand being immediately removed from the SkellUp Platform.
6.6.4 You acknowledge and agree that your right to use Content is strictly limited in
accordance with these Terms of Service.
6.6.5 You warrant that:
6.6.5.1 you own the Intellectual Property Rights in Content you upload to the SkellUp
Platform and have the right to licence the Content to SkellUp and Creators in the
manner set out in these Terms of Service; or
6.6.5.2 you have the right to licence the Content to SkellUp and Creators in the
manner set out in these Terms of Service; and
6.6.5.3 you will not encourage or facilitate any misrepresentation or suggestion that
the Brand or any entity has the approval or sponsorship of any other entity which the
Brand or entity does not have;
6.6.5.4 any Content you upload to the SkellUp Platform does not contain any
representations or material which you know or suspect (or ought reasonably to have
known or suspected) to be false, misleading or deceptive.
6.6.6 Brand acknowledges that Creators are independent third parties and not
directly controlled by SkellUp. As a consequence, any Content will inherently risk
negative or unflattering comments about Brand’s content, products or services.
6.6.7 You acknowledge that SkellUp has not made any warranties in respect of the
success of any Campaign in respect of your business or commercial performance or
otherwise of any Content, Campaign, channel or other media, marketing
communications channel, marketing or advertising campaign, promotion or
advertisement.

SKELLUP INTELLECTUAL PROPERTY

7.1 All SkellUp materials on the SkellUp Platform are protected by all applicable laws
including copyright and trademark laws unless otherwise specifically noted and may
not be used except as permitted in these Terms of Service. Nothing in these Terms
of Service will be taken to constitute a transfer, assignment or grant of any
ownership rights in any Intellectual Property Rights in the SkellUp materials to a
Brand or Creator.
7.2 All right, title and interest in all Intellectual Property Rights in all of SkellUp
brands, logos, images, buttons, codes, layout, text, content and products and
services as displayed on the SkellUp Platform (“the Brand Features”) are the
property of SkellUp and will remain or be vested in SkellUp at all times. Your use of
the SkellUp Platform will not under any circumstances be taken to constitute a
transfer, assignment or grant of any ownership rights in any of the Brand Features or
the SkellUp Platform. SkellUp, on a case by case basis and to the extent required,
grants you a limited, non-exclusive licence to use the Brand Features solely for the
purpose, and to the extent necessary, to enable you to use the SkellUp Platform.

CREATOR & BRAND REPRESENTATIONS AND
WARRANTIES

8.1 Creators and Brands participating in the SkellUp Platform warrant, represent and
covenant that:
8.1.1 all information you provide to SkellUp upon registering for an Account is true,
accurate and complete and not misleading;
8.1.2 any third-party social media accounts to which you link upload to the Content
are:
8.1.2.1 your own accounts;
8.1.2.2 if the Account refers to a Brand, that you are the authorised representative of
the Brand with the right to access its social media accounts and represent its
interests; and
8.1.2.3 if the Account refers to an individual other than you, you are the authorised
representative of that individual with the right to access his or her social media
accounts and control his or her interests;
8.1.3 You have the right and authority to create an Account and agree to these
Terms of Service, including, where relevant, the authority of any Brand or individual
to create an Account, agree to these Terms of Service and to use the SkellUp
Platform on its or his or her behalf;
8.1.4 You are authorised to submit Content, as applicable, in the manner invited via
the SkellUp Platform;
8.1.5 Any Content you submit to the SkellUp Platform will not contain anything that:
8.1.5.1 is illegal or contrary to any laws, applicable industry code or the requirements
or directions or relevant regulators;
8.1.5.2 is copied or adapted either wholly or substantially from any other work or
material;
8.1.5.3 is indecent, obscene, threatening, discriminatory, harassing, in breach of any
confidence, defamatory, offensive or objectionable or contains, depicts or alludes to
or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually
suggestive imagery;
8.1.5.4 parodies, disparages or makes fun of SkellUp or its products of services or
SkellUp generally in any way;
8.1.5.5 solicits passwords or personal information for commercial or unlawful
purposes or provides any telephone numbers, street addresses, last names, URLs
or email addresses (unless part of a Campaign)
8.1.5.6 promotes an illegal or unauthorised copy of another person’s copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacturer-installed copy-protect devices, or providing
pirated materials;
8.1.5.7 involves the transmission of junk mail, chain letters, unsolicited mass mailing
or spam; or
8.1.5.8 infringe the privacy rights, contract rights or other rights (including Intellectual
Property Rights) of any person, corporation or entity.

FTC REQUIREMENTS

9.1 FTC rules regarding testimonials in advertising do not apply to SkellUp, thus the
Brand is solely responsible for compliance with them.
9.2. To comply with the FTC rules regarding testimonials in advertising, all Brands
are advised to follow the guidelines of the FTC, which can be found here.
9.3 FTC rules regarding testimonials in advertising apply to Creators to the extent
that Creators are endorsing the Brand’s product. In practice this means that the
Creators cannot make false or misleading statements as part of their endorsements
and they must disclose material connections between them and the advertiser.
There is no guarantee that any post submitted will be positive. All product reviews
must reflect the Creator’s genuinely held beliefs.