evangeler.com Terms and Conditions ("Agreement")
This Agreement was last modified on March 10, 2014.
Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://www.evangeler.com ("the Site") operated by Word Smashing (ABN 29537306446) ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.evangeler.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Evangeler provides an online platform that helps connect customers who wish to purchase marketing (“Customers”) and marketers who wish to provide such services (“Marketers”), including, for example, through Social Marketing Contests, (the “Services”). “User” means any user of the Site or Service, and may be a Marketer or a Customer. If you are a User, the provisions in this Agreement regarding Users apply to you. If you are also a Customer, further the provisions in this Agreement regarding Customers apply to you. If you are also a Marketer, further the provisions in this Agreement regarding Marketers apply to you. “Marketing Contest Winner” means the applicable winning Marketer. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country.
(a) Customer may create a social marketing contest (“social marketing contest”) by creating a brief (“Marketing Brief”), paying the Customer Payment and following the other instructions on the Site. The Marketing Brief must clearly specify the requirements for the social marketing contest, such that Marketers clearly know the rules and criteria on which their Marketing Work will be judged. There are currently two types of social marketing contests: (1) the default Pre-Paid Contest and (2) the Guaranteed Contest. Marketers invited by Evangeler (in Evangeler’ sole discretion) to enter a social marketing contest may submit Marketing Work (“Marketing Work”) in the format specified by Evangeler by following the instructions on the Site. Marketing Work must comply with the Marketing Brief. (b) For Guaranteed Contests, Customer must select one or more winning Marketing Work by a certain time specified by Evangeler. If no winner is selected in the qualifying round of a Guaranteed Contest, Evangeler will retain the Customer Payment, Evangeler will distribute the Marketer Fee equally among the Marketers who participated in the Guaranteed Contest and who have won a social marketing contest in the past and who have not breached this Agreement, and Customer will have no right to a refund or to use the Marketing Work. If no winner is selected in the final round of a Guaranteed Contest, Evangeler will retain the Customer Payment, Evangeler will distribute the Marketer Fee equally among the finalists who satisfy criteria determined by Evangeler’ in its sole discretion, in the final round of the Guaranteed Contest, and Customer will have no right to a refund or to use the Marketing Work Concepts. (c) For Pre-Paid Contests, Customer must select one or more winning Marketing Work by the time the Pre-Paid Contest closes. Customer may withdraw Pre-Paid Contest (but not a Guaranteed Contest) for a refund of the Customer Payment before 60 days after he start of the Contest. Customer may additionally seek a refund of the Customer Payment for a Pre-Paid Contest (but not a Guaranteed Contest) at any time up to 60 days after the date of payment for the Pre-Paid Contest, but only if winners were not chosen by Customer. (d) For the avoidance of doubt, Customer has no right or license to use any Marketing Work other than the Winning Marketing Work. Customer may not: (a) run a social marketing contest if Customer is tendering the creation of the same Marketing Work through a service other than the Site (this Section (a) does not apply to customers located in the EEA); (b) allow or request Marketers to submit Marketing Work to Customer via any means other than via the Site; and (c) collude in relation to the awarding of a winner in a social marketing contest or awarding a separate account held by Customer as the successful Marketer in a social marketing contest. Customers and Marketers must deal on an arm’s length basis Customer may not cancel any social marketing contest for the purpose of contracting separately with a Marketer who Customer meets through the Site which results in Customer avoiding paying Evangeler any Customer Payment or any fees and charges of Evangeler. (e) Some jurisdictions provide Customer certain mandatory statutory rights (e.g., right to supplementary performance (e.g., rectification or replacement), right for a refund, right to withdrawal, right to reduce the price and right to damages in case the Marketing Work are defective) (collectively, “Mandatory Statutory Rights”) which remain unaffected.
2. Payment Terms.
The following terms apply to Customers who have purchased Marketing Work and Marketers who have sold Marketing Work.
2.1 Payment and Delivery.
For the Social Marketing Contest, (a) Customer will pay the Customer Payment to Evangeler and Evangeler will pay the Marketer the Prize (subject to first receiving payment from Customer), and (b) Marketer will upload the Marketing Work and Evangeler will deliver the Marketing Work to the Customer, in a format specified by Evangeler. The “Customer Payment” means (i) the price selected by Customer when Customer created a Social Marketing Contest as set forth at http://www.evangeler.com/how-it-works
2.3 General Payment Terms.
All payment will be in the local currency based on the location of the Site. You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Winning Marketing Works via the Site. Evangeler is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement.
The Site and its original content, features and functionality are owned by Word Smashing and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Word Smashing.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
The Site and Services are provided “AS-IS” and “AS AVAILABLE” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The following Section applies to users in the EEA and Switzerland: Evangeler is liable for defects in accordance with the applicable statutory provisions. With regard to companies, the warranty period is limited to twelve (12) months. An additional warranty is only provided if this has been expressly agreed.**
If you have any questions about this Agreement, please contact us.