Terms & Conditions

1

Relationship of the Parties

1.1 Creative Swop is Strictly a Facilitator

Creative Swop is an online user-generated-content marketing platform which serves as a meeting hub between creators & corporations strictly for the purpose of facilitating the conclusion of marketing schemes launched by the corporation and executed by the creator. Creative Swop is NOT a party to any transactions or agreements concluded between the creator & corporation.

1.2 No Employment Relationship

None of the creators hosted on Creative Swop are under the employment of or affiliated with Creative Swop. Creative Swop cannot guarantee that the performance or the quality of work published by creators will meet the desired requirements. For any and all agreements concluded between a creator & corporation, Creative Swop shares no liability with any party involved.

2

Eligibility

2.1 Age Requirement

Users that register on Creative Swop as creators must be at least 18 years old.

2.2 Information Validation

Creative Swop users must validate personal, business and payment information before engaging in any activity on Creative Swop.

2.3 Account Restrictions

Each user is restricted to a singular account and may not create duplicate or spam accounts. This is done to prevent any fraudulent and/or unethical activity on the platform.

2.4 Data Security

All users have a responsibility to safeguard all login & financial information on their personal devices. Creative Swop will not be held liable for any data breaches or information theft caused by the user's actions or inactions.

3

Platform Integrity and User Conduct

3.1 Prohibited Activities

By agreeing to these Terms and Conditions, users agree NOT to:

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Engage in any fraudulent behaviour, including misrepresenting performance statistics or manipulating engagement statistics

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Scrape or harvest creator or brand data for personal use

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Upload malicious files, viruses, code or any other documents that will hinder platform performance

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Harass, threaten, or abuse other users

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Bypass any aspects of the platform to avoid fees or siphon information

3.2 Violation Consequences

Should any of the above be bypassed, this will result in termination from the platform (see clause 10).

4

Creative Swop Payment Structure

4.1 Platform Payment Exclusivity

All financial transactions regarding the campaign must be processed and facilitated through the platform. Direct payments between creators and corporations are strictly prohibited and may result in account suspension or ban.

4.2 Escrow and Release Protocol

All funds provided by the corporations are held in escrow by Creative Swop. Funds will only be released to the creator once the content stipulated in campaign contracts has been appraised and formally approved by the corporation and Creative Swop.

4.3 Fees and Deduction

The platform MAY charge creator service fees, brand transaction fees, withdrawal fees, and any fees directly or indirectly related to the completion of a campaign.

4.4 Tax Responsibility

Creators are solely liable for declaring income and paying relevant taxes. Creative Swop is not responsible for any creators or corporations bypassing taxation.

5

Non-Circumvention Policy

5.1 Prohibited Activities

Exchanging WhatsApp numbers, emails, or social media profiles
Exchanging external payment links or concluding payment outside of Creative Swop
Facilitating external negotiations outside of the platform without explicit platform approval

5.2 Non-Circumvention Period

For 24 months after connecting via Creative Swop, both parties are prohibited from engaging in off-platform negotiations or relations.

5.3 Conversion Fee

Brands may request an off-platform relationship by paying a conversion fee to Creative Swop equal to 20% of the creator's estimated revenue over a 12-month period or a flat fee set by Creative Swop.

6

Intellectual Property Rights

6.1 Creator Ownership

Until full payment is released, all rights within the property remain in the possession of the creator. Once a creator has been duly compensated, all usage rights transfer to the corporation.

6.2 Portfolio Rights

Creators may display work previously created for corporations on their personal catalogue or portfolio unless a white label agreement or confidentiality clause has been attached to the request.

6.3 Platform IP Rights

All platform designs, code, branding, and algorithms remain the exclusive property of Creative Swop in perpetuity and may not be duplicated, repurposed, stolen or used as one's own.

7

Prohibited Content

7.1 Content Restrictions

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Uses copyrighted or trademarked material without proper licensing

X

Features hate speech, nudity, violence, or political agendas

X

Violates platform or brand guidelines

X

Contains fraudulent or misleading claims

7.2 Subcontracting

Creators may not outsource any form or part of their work to other creators without express permission; the creator approved by the Brand must be the one creating the content.

8

Confidentiality and Embargoes

8.1 Confidential Information

Users may NOT disclose any of the following to 3rd parties without proper consent & full disclosure:

Campaign briefs

Unreleased products or confidential brand information

Private brand details pertaining to their work

Payment terms agreed upon by Creator & Corporation

8.2 Breach Consequences

Civil Claim

A civil claim for damages pled by the corporation and Creative Swop

Account Termination

Immediate deletion and permanently banning the creator and/or corporation

Content Retraction

Immediate request for the retraction of the unauthorized disclosure

9

Disclosure & Liability Limits

9.1 No Guarantees

The platform does not guarantee that the site will be error-free or that a specific campaign will generate a specific ROI (Return on Investment). The platform merely provides the user with the opportunity to make use of the platform.

9.2 Financial Liability Cap

The platform caps its financial liability to the fees placed within the platform by the Corporation and is not liable for lost business, viral failures, or disputes arising from the content generated.

10

Termination & Dispute Resolution

10.1 Platform Rights

The platform reserves the right to suspend or ban users from the platform for violating T&Cs and any other peremptory norms, such as harassment or repeated failure to deliver content.

10.2 User Disputes

Should a dispute arise from matters related to agreements made on the platform between users, Creative Swop shall not act as a mediator, or arbitrator & users must find alternative dispute resolution methods amongst themselves.

10.3 Platform Disputes

For disputes between users and Creative Swop itself, all matters must be resolved via arbitration if no prior understanding and resolution can be reached.

10.4 Governing Law

All users of the platform, and Creative Swop, will be bound by the governing law of South Africa and will be subject to any rules and regulations within South Africa's laws.

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