Terms of of Use - No Logo X

Welcome to No Logo X. These Terms of Use (the "Terms") govern your use of our website, mobile application, and other online services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.

Updated on 7th February 2024


Precedence of terms - e.g. contract vs. terms

This agreement shall take precedence over previously existing terms. Should any of the terms here contradict those of agreements used across the platform these terms shall take precedence.

CREATORS

Your Content

You retain ownership of all content you create, upload, or post on the Platform (the "Content"). However, by posting Content on the Platform, or utilising the Platform services for Content production,  you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform and our business and on third-party sites and services, for example within newsletters), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. This will be unaffected by any agreement between parties, including Brands. You may request the removal of such content at any time, and we will make the best efforts to remove it within 72 hours. You accept that when used by third parties that we take no responsibility for how it is used.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such Content, as contemplated under these Terms; and (ii) neither the Content, your submission of the Content, nor our use of the Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Use of the Platform

You agree not to use the Platform for any unlawful purpose or in any way that violates these Terms. You also agree not to:

(a) Use any robot, spider, crawler, scraper, or other automated means or interface to access the Platform or extract data or other content from the Platform;

(b) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use and enjoyment of the Platform;

(c) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(d) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;

(e) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;

(f) Engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform);

(g) Use the Platform to defame, harass, abuse, threaten or otherwise violate the legal rights of others, or to publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

(h) Sell, resell, transfer, licence, or exploit for any commercial purposes any use of or access to the Platform;

(i)  Impersonate or misrepresent your affiliation with any person or entity, or provide false or misleading information on the Platform.

Third-Party Services

The Platform may contain links to third-party businesses,  websites, products, or services ("Third-Party Services"). We do not endorse or assume any responsibility for any Third-Party Services.

Use of Content and Responsibility for Content

(a) You acknowledge and agree that any content, including but not limited to text, graphics, images, audio, video, or other materials, that you upload, post, or otherwise provide to the Platform ("User Content"), may be used, copied, modified, published, or distributed by us or our affiliates, service providers, business partners, or other third parties, as necessary for us to provide the Platform or as permitted by these Terms or applicable law.

(b) You represent and warrant that you have all necessary rights, licences, consents, and permissions to provide your User Content to the Platform and to grant the rights and licences set forth in these Terms, without violating any third-party rights or any applicable laws or regulations.

(c) You acknowledge and agree that you are solely responsible for your User Content and the consequences of posting or publishing such User Content. You further acknowledge and agree that we do not endorse, guarantee, or warrant the accuracy, completeness, or usefulness of any User Content, and that we do not assume any liability or responsibility for any User Content or for any loss or damage resulting from your reliance on any User Content.

(d) You agree not to upload, post, or otherwise provide to the Platform any User Content that:

(i) is defamatory, libellous, obscene, pornographic, or otherwise objectionable;

(ii) infringes or violates any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights;

(iii) contains any viruses, worms, or other harmful code;

(iv) is false, misleading, or deceptive;

(v) promotes or facilitates any illegal or unethical activity;

(vi) violates these Terms or any applicable laws or regulations; or

(vii) does not comply with advertising standards, including but not limited to the Federal Trade Commission's or ASA  guidelines on endorsements and testimonials. Specific regulations will depend on the jurisdiction where the work is carried out.

(e) We reserve the right, but not the obligation, to review, screen, edit, or remove any User Content at any time and for any reason, without notice to you. We may also terminate or suspend your access to the Platform, or take other appropriate action, if we determine, in our sole discretion, that you have violated these Terms or any applicable laws or regulations.

(f) You acknowledge and agree that we may monitor your use of the Platform and your User Content, and may disclose your User Content or other information about you to third parties, as necessary to comply with any applicable laws or regulations, or to respond to any legal or regulatory process.

Key Terms for Creators

By using the Platform , I (“the Creator”) agree:

  1. Conduct: I agree to conduct myself in a professional, friendly and responsive manner on the Platform.

  1. Fee: I understand, unless otherwise agreed, that there will be an agreed  commission on any agreed total campaign fee. I accept that I will be paid via the Platform for any work completed, and not directly by the Brand. No Logo Agency will pay me once payment has been received from the Brand. If a Brand should pay me directly, I will inform No Logo Agency immediately and pay the commission directly to No Logo Agency by contacting yes@nologox.com.

  1. Intellectual property rights: I will respect the intellectual property rights of others and not infringe on their copyrights, trademarks, or other proprietary rights. Where using Intellectual Property within my content I will ensure that I have the correct licences to do so, for example music use and licensing.

  1. Age restriction: I am of legal age and able to enter into legally binding contracts, age restriction may vary based on the Brand and/or Creator jurisdiction.

  1. Artificial engagement: I agree I have and will not artificially inflate the engagement or follower count by buying followers, likes, or views of my accounts and content.

  1. Compliance with laws and regulations: I agree to abide by all applicable laws and regulations, including those related to advertising, marketing, and consumer protection for the jurisdiction I reside in as well as any jurisdiction I may work with through Brands.

  1. Brand conversations: I agree to only contact Brands, Agencies and other contacts who are on the Platform through the Platform, and that all conversations will take place via the Platform. If I conduct a campaign, I agree I will not contact the Brand / Agency involved outside of the Platform for at least 6-months after.

  1. Confidentiality: I understand that the use of the Platform will involve access to confidential information, I agree to maintain confidentiality around sensitive content on the Platform , including but not limited to Brand information, information belonging to No Logo Agency, and information of other Creators. I will not share my login details with any other party.

  1. Agency: If using a secondary Agent I will immediately inform you (No Logo Agency) of this by emailing support@nologo.agency. I understand that No Logo Agency will take a 25% commission from any earnings I make through the Platform, and that secondary agents may also take a fee from these earnings.

  1.  Legal agreements: I recognise that agreements I sign via the Platform are legally binding and I will execute these as agreed. I understand that the terms of agreements may vary from Brand to Brand and I shall read and understand them.


BRANDS/AGENCIES


Eligibility

To use the Service as a brand or agency, you must be a legal entity authorised to enter into contracts and hold intellectual property rights. By using the Service, you represent and warrant that you meet these eligibility requirements and that all information you provide to us is accurate and complete.

Licence to Use the Service

Subject to these Terms, No Logo X  grants you a limited, non-exclusive, non-transferable, and revocable licence to use the Service for your business purposes only. You may not use the Service for any illegal or unauthorised purpose, and you agree to comply with all applicable laws and regulations.

Ownership of Intellectual Property

All content and intellectual property created by the talent available through the Service ("Creator Content") is owned by the respective creators. By using the Service, you acknowledge that all Creator Content is protected by copyright, trademark, trade secret, and other laws, and that you do not acquire any ownership rights in any Creator Content.

Non-circumvention

You will not contact the Creator (“Creator” is the person commissioned to produce content)  involved outside of the Platform for at least 6 (six) months thereafter.

Fee

You understand that a fee is taken by the Platform for work provided by creators and this is currently inclusive in the overall fee. We agree to make payment as outlined within the legal agreement

Prohibited Conduct

You may not use the Service to:

(a) Use any Creator Content in a manner that infringes the intellectual property rights of the respective creators or their licensors, including utilising content for paid media, whitelisting, darklisting, where this has not been specifically agreed to in writing; 

 (b) Use any Creator Content for any purpose other than your business purposes as permitted by these Terms or the specific terms of any agreement between Brand and Creator;

(c) Reproduce, modify, distribute, or create derivative works based on any Creator Content without the prior written consent of the respective creators or their licensors;

(d) Remove or modify any copyright, trademark, or other proprietary rights notices contained in or on any Creator Content;

(e) Engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), including by transmitting any viruses, malware, spyware, or other harmful code;

(f) Attempt to gain unauthorised access to the Service, other users' accounts, or any related systems or networks;

(g) Use any robot, spider, scraper, or other automated means to access the Service for any purpose without No Logo's prior written consent;

(f) Violate any applicable law or regulation or these Terms;

(g) Encourage or enable any other individual or entity to engage in any of the activities prohibited in these Terms;

or

(h) Work with any creators found on the Service off the platform, without the prior written consent of  No Logo.

Non Disparagement and Confidentiality

You agree not to disparage No Logo, its employees, agents, or any creators found on the Platform, whether directly or indirectly, on any public forum or through any form of communication. This includes any statements or remarks that could harm the reputation of No Logo, its employees, agents, or creators;

Disclose or use any confidential information obtained through the use of the Service, including any Creator Content, for any purpose other than your business purposes as permitted by these Terms. Confidential information includes any information that is not generally known to the public and that is obtained through the use of the Service, including Creator Content, business practices, client lists, and financial information;

Engage in any conduct that could reasonably be construed as disparaging, harmful, or negative towards No Logo X , its employees, agents, or creators, including but not limited to negative reviews or comments on public platforms, social media, or through any other form of communication;

Confidentiality

The brand shall not disclose, use, copy, or modify any confidential information, including Creator Content, that is obtained through the use of the Service for any purpose other than its business purposes as permitted by these Terms. The brand shall use reasonable efforts to safeguard confidential information and prevent any unauthorised disclosure or use of such information.

Confidential information shall include all information that is not generally known to the public and that is obtained through the use of the Service, including Creator Content, business practices, client lists, and financial information.

The obligations of confidentiality under these Terms shall survive termination of the brand's use of the Service and shall continue for a period of five (5) years from the date of termination.

Key Terms for Brand/Agencies

By using the Platform, we ("the Brand/Agency") agree:

  1. Creator conversations: We agree to only contact creators and other contacts who are on the Platform through the Platform , and that all conversations will take place via the Platform. Any campaigns agreed verbally or through the Platform will be conducted via the Platform

  1. Posting opportunities: If we post new campaign opportunities to the Platform , we agree to speak with creators exclusively through the Platform for these opportunities.

  1. Non-circumvention: If we arrange or conduct a campaign, we agree we will not contact the Creator involved outside of the Platform for at least 6-months after

  1. Fee: We understand that a fee is taken by the Platform for work provided by creators and this is currently inclusive in the overall fee. We agree to make payment as outlined within the legal agreement

  1. Legals: We understand that where we use the standard terms provided by the Platform these shall be legally binding and we will execute these as agreed. In the event that we need to use our own Brand or Agency agreement we understand this will need to be reviewed and potentially edited by the Platform 's legal team.

  1. Confidentiality: We understand that the use of the Platform will involve access to confidential information, we agree to maintain confidentiality around sensitive content on the Platform , including but not limited to Brand information, information belonging to No Logo Agency, and information of creators. We will not share login details with any other party.

  1. Compliance with laws and regulations: We agree to abide by all applicable laws and regulations, including those related to advertising, marketing, and consumer protection for the appropriate jurisdiction.

  1. Intellectual property rights: We will respect the intellectual property rights of others and not infringe on their copyrights, trademarks, or other proprietary rights. We understand that content created for campaigns belongs solely to the Creator and we may be issued a limited licence to use this within the terms of our Agreement.


GENERAL Terms and Conditions

These Terms and Conditions apply between you, the User of this Website (including any sub-domains, unless expressly  excluded by their own Terms and Conditions), and nologox.com, the owner and operator of this Website. Please  read these Terms and Conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by  these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these  Terms and Conditions, you should stop using the Website immediately.

In these Terms and Conditions, User or Users means any third party that accesses the Website and is not either (i) employed  by nologox.com and acting in the course of their employment or (ii) engaged as a consultant or otherwise  providing services to nologox.com and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these Terms and Conditions,  you represent and warrant that you are at least 18 years of age. If you are under the age of 18 then you must obtain parental permission to use this Website.

API Use

We may offer an API (Application Programming Interface) that enables third-party developers to access and use certain features or data from the Platform. Your use of the API is subject to the following additional terms:

(a) You agree to comply with all documentation, guidelines, and policies provided by us regarding the API use.

(b) We may revoke your access to the API at any time for any reason, without notice or liability to you.

(c) You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, or expenses arising out of or related to your use of the API, including but not limited to any breach of these Terms.

(d) You acknowledge that we may change, modify, or discontinue the API at any time without notice or liability to you.

You may be asked to connect social media accounts via 3rd-party APIs on platforms including YouTube, TikTok, Meta or others. By providing us access to your accounts through 3rd-party APIs you are enabling and allowing us to gather key data about these accounts, account activity and posts.

Data Use

We may collect, use, display and share certain data from or about you, your campaigns, or your use of the Platform, as described in our Privacy Policy. By using the Platform, you agree to our data practices and to allow us to collect, use, and share your data as described in the Privacy Policy.

(a) You represent and warrant that any data you provide to us, including but not limited to personal data or content, is accurate, complete, and not misleading.

(b) You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such data, in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

(c) You acknowledge and agree that we may disclose or transfer your data to our affiliates, service providers, business partners, or other third parties as necessary for us to provide the Platform or as required by law.

(d) You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, or expenses arising out of or related to your data or your use of the Platform, including but not limited to any breach of these Terms or any violation of applicable laws or regulations.

(e) You accept that we may use various processes and tools to identify, review and moderate Content. This may include human review, automated review, or a combination of both.  

Campaign Data Use

We may collect, use, display and share certain data from or about you and your campaigns. By using the Platform, you agree to our data practices and to allow us to collect, use, and share your data as follows:

(a) Publicly available data may be aggregated, shared and displayed on the Platform.

(b) Campaign data, information and opportunities may be shared outside the Platform.

(c)  Publicly available data and Campaign data may be used outside of the platform during the course of business activities.

(d) Data you provide on the platform (such as gender, age and campaign data) may be used outside of the platform during the course of business activities.

(e) We take no responsibility for the use of data by third parties, such as Brands or Creators who access your data through its public display on the platform.

(f) Data may continue to be available on the Platform, after leaving the Platform, or ceasing to use the Platform.

(g) Data may be used by internal AI (artificial intelligence) software in alignment with UK privacy laws and regulations.

Termination

We reserve the right to terminate or suspend your access to the Platform, without notice or liability to you, if we determine, in our sole discretion, that you have violated these Terms or any applicable laws or regulations.

Disclaimers and Limitations of Liability

The Platform is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

Nothing in these Terms and Conditions will:

(a) limit or exclude our or your liability for death or personal injury  resulting from our or your negligence, as applicable;

(b) limit or exclude our or your liability for fraud or fraudulent  misrepresentation; or

(c)limit or exclude any of our or your liabilities in any way that is not permitted under applicable  law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, nologox.com accepts no liability for any of the following:

(a)  any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or  commercial opportunities;

(b)  loss or corruption of any data, database or software;

(c)  any special, indirect or consequential loss or damage.

INTELLECTUAL PROPERTY AND ACCEPTABLE USE

All Content included on the Website, unless uploaded by Users, is the property of nologox.com , our  affiliates or other relevant third parties. In these Terms and Conditions, Content means any text, graphics, images, audio,  video, software, data compilations, page layout, underlying code and software and any other form of information  capable of being stored in a computer that appears on or forms part of this Website, including any such content  uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright,  trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by  implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site  without the owner's prior written permission

You may, for your own personal, non-commercial use only, do the following:

a.  retrieve, display and view the Content on a computer screen

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the  written permission of nologox.com.  

Prohibited use

You may not use the Website for any of the following purposes:

(a)  in any way which causes, or may cause, damage to the Website or interferes with any other person's use or  enjoyment of the Website;

(b)  in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in  breach of any applicable law, regulation, governmental order;

(c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the  owner.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of nologox.com that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or  damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of  those in control of them.

Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms  and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: and .

Availability of the Website and disclaimers

Any online facilities, tools, services or information that nologox.com makes available through the  Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be  free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or  implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. nologox.com is under no obligation to update information on the Website.

Whilst nologox.com uses reasonable endeavours to ensure that the Website is secure and free of errors,  viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their  own security, that of their personal details and their computers.

nologox.com accepts no liability for any disruption or non-availability of the Website.

No Logo Media Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website  including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply  to any modified version of the Website unless it is expressly stated otherwise.

General

You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our  rights under these Terms and Conditions where we reasonably believe your rights will not be affected.

These Terms and Conditions may be varied by us from time to time. Such revised terms will apply to the Website from  the date of publication. Users should check the Terms and Conditions regularly to ensure familiarity with the then  current version.

These Terms and Conditions together with the Privacy Policy and Cookies Policy contain the whole agreement  between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that  might have taken place in relation to the Terms and Conditions.

The Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to these Terms and Conditions and no third party  will have any right to enforce or rely on any provision of these Terms and Conditions.

If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is  invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted,  and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a breach of these Terms and Conditions.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a  waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under  the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the  Scottish courts.

When using the website and engaging in work with Creators or Brands or any Affiliate, you agree to a non circumvention period of 6 months.

No Logo Media Limited details

No Logo Media Limited of The Auction House, 63a George Street, 4th Floor, Edinburgh, EH2 2JG operates the Website https://nologox.com.

The registered VAT number is 332 5845 03.  

You can contact No Logo Media Limited by email on support@nologo.agency.

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