Terms & Conditions – Livestream Influencers at UpliftU

Last updated: 8. August 2023

These terms & conditions (“Terms”) constitute an agreement between you as a Livestream Influencer (“Streamer”) and Løft Opp AS (Org Nr: 926 625 845), a Norwegian company incorporated under Norwegian laws. Our service connects “Influencers” with “Advertisers” (see Definitions) for marketing and brand-building purposes. These terms apply to all Influencers using the UpliftU-platform (“Service”).

1. Definitions
   • Where stated “us”, “we”, “our” – refers to UpliftU / Løft Opp AS.
   • Where stated “you”, “your”, “yours” – refers to the Influencer/User of the Service
   • “Service” refers to the services UpliftU provides through the platform, website and other related channels connecting Influencers with Advertisers for marketing purposes.
   • “Brand Campaign” refers to a specific marketing activity, initiated by Advertiser through the Service.
   • “Advertisers” refers to a company or organization using the Service to collaborate with Influencers for marketing purposes.
   • “Influencer(s)” refers to individuals participating in Brand Campaigns through the Service and/or using the Service or Platform for other purposes.
   • “Platform” refers to our website (www.upliftu.gg/www.upliftu.no) through which the Service is provided for Influencers.
   • “Influencer Content” refers to content created by the Influencer; be that livestream, video, chatbot-message, review, picture, link, VOD, message and other information that you share, upload, post, or display on your digital channels/properties, for example your Facebook Gaming-channel, as part of a “Brand Campaign”-collaboration and participation through the Service. Account Details (personal details) provided to the Service are not a part of Influencer Content.
2. Acceptance Of Terms
3. Prior to using the Service, you are deemed to have read, understood and accepted all Terms. By clicking “I Agree” in the Account creation process you agree to the Terms. We have the right to change these Terms at any time. In an instance where any adverse changes/modifications in Terms are implemented we will notify you by e-mail latest 30 days in advance before the changes/modifications take place.
4. If you do not agree to these Terms or any updated version of the Terms, you may not use the Service.
5. You can access the latest version of these Terms at any time at https://upliftu.notion.site/Terms-of-Service-a53cb97a480d45abb25235b69ffc7ea4
6. Account Creation
   1. To gain access to the Service you need to create an account on the Platform. You are responsible for providing correct, accurate, complete and current information while registering on the Platform.
   2. Before you’re able to use the Service, your registration will be accepted by verification of your Influencer channel (for example Twitch- or YouTube-Account) and collect information from your Influencer profile.
   3. We reserve the rights to deny you Account creation and/or use the Service.
7. The Service
   1. The purpose of the Service is to provide/enable connection and interaction between Advertisers and Influencers. While using the Service, you can apply to-, search and participate in active Brand Campaigns listed in the Service, in the region/language you represent.
   2. Your Brand Campaign-applications will be processed and reviewed by us, then approved or denied. An accepted Brand Campaign-application is binding. Once accepted, you may start executing the Brand Campaign following Brand Campaign instructions, descriptions and guidelines from the Advertiser and these Terms. The Brand Campaign should be executed through your Influencer Channel (for example Twitch- or YouTube-Account), if not other guidelines are specifically stated in the Brand Campaign-brief.
   3. Once you have successfully completed all required tasks of a Brand Campaign, your performance will be reviewed. You will be entitled to reimburse agreed compensation after your performance is reviewed – based on Brand Campaign description, guidelines, instructions and these Terms.
8. Influencer Compensation
   1. The (accumulated) Brand Campaign(s) compensation(s) will be paid to you upon your request. Minimum amount to reimburse is EUR 10. We might require additional information from you on the Platform in the payment process. The payment is executed by a third-party (Gigapay) https://www.gigapay.co/, in accordance with their Terms & Conditions.
   2. You are responsible for all taxes and fees applicable from using the Service.
9. Access Rights
   1. In order for us to enable/facilitate the Service, you need to grant us access to your Influencer Channel (for example Twitch- or YouTube-Account) to enable the Service, collect statistics, review Brand Campaign-performance and to gather other applicable information from your Influencer Channel.
   2. By using the Service, you agree that we, Advertisers and our business-related third-party companies provide you advertisement and other information – as part of the Service.
10. License Grant
    1. By accepting the Terms, you grant us a worldwide, non-exclusive, transferable, sub-licensable and royalty-free right to use, reproduce, modify, transfer, make available to the public, prepare derivative works from, and publicly display content that was produced within the timeframe of a joined Campaign.
    2. You grant us the right to use your logotypes, trademarks, brand(s) and other relevant Influencer Channel (for example Twitch- or YouTube-Account) for marketing purposes.
11. Warranty
    1. By accepting the Terms, you guarantee that you have the rights to grant us the mentioned in part 10 (License Grant) license(s). Furthermore, you guarantee that any use of Influencer Content used from your Influencer Channel will not break any third-party Intellectual Property-rights (IP).
    2. BY accepting the Terms, you warrant that Influencer Content follows applicable laws and regulations.
    3. You do represent and ensure that all Influencer Content does not violate privacy rights, copyrights, contracts, Intellectual Property-rights (IP), publicity rights, trade secrets, non-disclosure agreements or any other rights of any company, organization or person. You are solely responsible to cover any costs, fees and royalties if disputes arise between you and the third-party relating to all Influencer Content published on your Influencer Channels.
    4. If you should receive the information or be made aware that any mentioned warrants under this Section are not fulfilled, you’re obliged to inform us immediately and provide us with all available information/documentation.
12. Account Freeze and/or Termination
    1. You are free to delete your account/stop using our Service at any time. Outstanding Balance will be transferred to you if you choose to close/delete your account. These Terms are active as long the account is active and will be terminated with account deletion. Guidelines on how to delete the account can be found on the Platform or by contacting your Account Manager.
    2. We reserve the rights to partially or permanently freeze your Brand Campaign-participation and/or terminate your account without notice.
    3. We reserve the right, in our sole discretion, to terminate your account and your right to use the Service with no liability for damages to you.
13. Eligibility
    1. Individuals under the age of 14 are not available to use this Service.
    2. Individuals under 18 years may use the Service if agreed by a parent or legal guardian. If agreed, the parent/legal guardian agrees to be legally bound to these Terms and any tax/government regulations acquired using this Service.
    3. We do not take any liability related from using the Service by individuals under the age of 14 and individuals under the age of 18 without agreement from a parent/legal guardian that is approved by us.
14. Privacy
    1. Personal data provided to us by you will be processed in accordance with the Norwegian Privacy Policy Law (Personopplysningsloven), our Privacy Policy or the General Data Protection Regulation (EU 2016/679), whichever is applicable.
15. Your Responsibilities
    1. You are responsible for the Influencer Content published on your Influencer Channels while participating in a Brand Campaign. After an approved Brand Campaign request you’re obliged to comply with these Terms and other instructions provided in the Brand Campaign-description. All Brand Campaign-participation must follow relevant and applicable laws and regulations from every aspect (for example published Influencer Content, use of the Service etc.).
    2. Any Influencer Content that includes personal data from any individuals is in your responsibility to ensure all necessary consents are granted before publishing the content.
    3. You are solely responsible to use the Service and execute Brand Campaigns in a manner that doesn't cause the Advertiser, us, or any third-party any harm.
    4. The account is for your personal use. Accounts can not be transferred, borrowed or sold to other individuals or organizations. It’s your responsibility to ensure your account is confidentially secured with a password.
    5. You agree not to communicate or publish information (including but not limited to videos, streams or pictures) that violates or trespasses legal rights of others (copyright or other Intellectual Property-rights), personal integrity of another person, information that may lead to criminal behaviors/actions and that break any laws or regulations.
    6. If any materials are out of line or go against Advertiser’s marketing guidelines, brand manual or company values/ethics – you must remove these materials from your Brand Campaign without any form of compensation.
    7. Any materials we find to be out of line, violate these Terms or that we find inappropriate in your Influencer Content should also be removed immodestly from all published Influencer Channels.
    8. Content of the Service is our property, and you are not allowed to copy it. Using technology, API-s or any other methods to manipulate, mirror or reproduce any form or piece of the Service.
    9. It’s forbidden to have any direct or indirect contact or collaborations with the Advertiser outside of the Service/in separate channels during a Brand Campaign, and six months dated after the Brand Campaign completion date. All direct/indirect Advertiser communication must be with our written consent. If any Advertiser reaches out/contacts you for marketing purposes within the mentioned period you should contact us immediately. This paragraph is not applicable if you have an active sponsorship agreement/any form of collaboration contract in place before you join the Brand Campaign.
16. Intellectual Property-rights (IP)
    1. All trademarks, copyrights, Intellectual Property-rights (IP) available/listed on the Platform, are our property, owned by us and protected by applicable law.
    2. The “UpliftU”-logotype, trademarks, animations etc. are owned by us. “Sparkbot”-graphics and animations are also owned by us. Other logos, organization/company names, trademarks, graphics etc. presented on the Platform are properties of the respective entities. By agreeing to these Terms, you accept the rights of us and the respective owners that you may not use or apply any of the mentioned materials without a written consent if not stated in the Brand Campaign description/guidelines.
17. No Warranty
    1. The Service, the Platform including all content available through the Service – for example links, graphics, information – are provided “as is” and “as available”.
    2. We do not represent or warrant: 1) The accuracy, completeness, usefulness of any information provided through the service by us or any third-party, 2) that your use of the service will be secure, uninterrupted, safe, always available, error-free or will meet your requirements, 3) that any defects/bugs within the Service or on the Platform will be corrected.