Here at Musetown we believe that all Creator posts should be transparent and put consumers first. Therefore, both Creators and brands need to ensure that no campaign or post is false or misleading and must disclose the fact that the Creator is being paid by the brand. Musetown expects that all users comply with all applicable Laws and industry self-regulation relating to influencer marketing, including the AANA Guidelines (AU), CAP Code (UK), and Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (USA) (“FTC Guides”). This means that all influencer marketing posts which are being facilitated through Musetown should be transparent and labeled with appropriate disclosures, such as #ad. We expect Creators and brands to keep themselves up to speed with the latest best practice on how to label influencer marketing posts in a transparent way in order to make sure that consumers are clear about the commercial nature of the sponsored Posts and/or Ads.
The Musetown Platform is owned and operated by Musetown. Information about how to join and use the Musetown Platform forms part of these Musetown Platform Terms of Use (“Terms of Use”). By using the Musetown Platform, you agree to accept these Terms of Use.
Musetown has created the Musetown Platform to allow Brands and Creators to interact, form relationships, and create and distribute sponsored Posts and/or Ads through the Creator’s Channels (Twitter, Instagram and/or Facebook) subject to compliance with these Terms of Use. In these Terms of Use, Brands and Creators are collectively and individually referred to as “users” or “you” as the context requires.
Your access to and use of the Musetown Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Musetown Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Musetown Platform.
Musetown may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the Musetown Platform. Since you are bound by these Terms of Use each time you use the Musetown Platform, you should check these Terms of Use for any revisions each time you use the Musetown Platform and wherever prompted to do so. Your use of the Musetown Platform following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.
Musetown reserves the right to change the Musetown Platform in any way by giving you notice to the email address you have registered with us to you. Even if you have an Account, your ability to access and use the Musetown Platform may be terminated at any time without notice to you. If you do not agree to these Terms of Use, you must immediately exit the Musetown Platform and, if you are using the Application, delete the Application from your device.
Any costs associated with downloading, installing, accessing and using this Application, or any other element of the Musetown Platform remain your responsibility and are dependent on the service provider used.
Musetown makes no representation that the Musetown Platform (or any element of the Musetown Platform) is appropriate or available for use in all locations.
The Musetown Platform allows Brands to create Influencer Marketing Campaigns via Musetown Creator Network, which are then shared with Creators via the Application. Creators using the Application can respond to a Campaign by creating a video with an in-stream ad or a sponsored video and submitting it to the relevant Brand for approval. Creators earn compensation when a Brand approves a Post and the Post is published to the Creator’s Community via his or her Channels, as selected.
The relevant Brand is solely responsible for reviewing and approving all videos with an in-stream ad or sponsored videos that form part of their Campaign and for the payment of the applicable Product cost reimbursement or Performance-based reward to Creators, nor is Musetown liable in any way for the content of any Sponsored video or Post. These Terms of Use shall apply to all transactions conducted through the Musetown Platform.
Content is provided by the relevant Creator or Brand, as applicable, and is not moderated, approved or endorsed by Musetown. Accordingly, no Content constitutes a representation by Musetown, nor does Musetown accept any liability for the legality, validity, accuracy or suitability of any content provided by Creators or Brands. If you have a question or concern about Content, including your rights to reproduce it, you must make your own inquiries to Musetown directly, or if advised by Musetown, by contacting the relevant Creator or Brand directly. You agree that Musetown is not responsible for, and does not endorse, any Content posted using the Musetown Platform. Musetown does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.
Creators and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the Musetown Platform. Without limiting any other rights or remedies available to Musetown, any attempt to circumvent the Musetown Platform may result in removal from the Musetown Platform at Musetown’s sole discretion. You may not remove any watermarks or copyright notices contained in any Content on the Musetown Platform.
You must not:
The Musetown Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the Musetown Platform with the consent of a parent or legal guardian. To use the Musetown Platform, you must be eligible to use the social media platforms (under the relevant platforms prevailing terms and conditions) upon which you intend to publish Posts.
You are solely responsible for your interactions with other users of the Musetown Platform. You agree that Musetown is not responsible for the conduct of any user.
You must not engage in crawling, scraping, caching or otherwise accessing any content on the Musetown Platform via automated means, except with Musetown’s written consent.
Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Musetown and any user.
Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferable licence to access and use the Musetown Platform in the manner anticipated in these Terms of Use. Any costs associated with accessing and using the Musetown Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Musetown Platform and meets all relevant technical specifications necessary to obtain the benefit of the Musetown Platform.
The Musetown Platform may contain links to other sites not maintained by Musetown (“Linked Sites”). Musetown is not responsible for the content of any Linked Sites, whether or not Musetown is affiliated with the Linked Sites. Musetown makes no claim or representation regarding, and accepts no responsibility, directly or indirectly, for the quality, nature or reliability of Linked Sites. Such Linked Sites are not under the control of Musetown and Musetown provides links to the Linked Sites only as a convenience to users of the Musetown Platform. The inclusion of a link to any Linked Site does not imply any affiliation with or endorsement by Musetown. You should review and applicable terms and policies (including privacy policies) of any Linked Site you visit.
The Musetown Platform may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Musetown Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the Musetown 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 Musetown Platform. The Musetown Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
In order to use the Musetown Platform, Creators must register an account via the Application in the manner required and as set out in these Terms of Use (“Creator Account”) and Brands must register an account via https://app.muse.town in the manner required and as set out in these Terms of Use (“Brand Account”).
Musetown reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Musetown is final and no correspondence will be entered into.
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 Musetown Platform. You may never use another’s Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Musetown 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 Musetown when you desire to cancel your Account. Musetown will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Musetown retains the right and absolute discretion to terminate your Account and/or access to the Musetown Platform (or any element thereof) if it believes that you are abusing or tampering with the Musetown Platform (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the Musetown Platform (or any element thereof). Musetown’s legal rights to recover damages or other compensation from such an offender are reserved.
The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. Musetown reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
Users understand that in creating an Account they are providing their information to Musetown and not to any social media platform. Users of the Musetown Platform (whether Creators or Brands) are solely responsible and liable for any Content or information they transmit to other users. To the extent permitted by law, each user of the Musetown 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 Musetown Platform. Any questions, comments or complaints about the Musetown Platform must be directed to Musetown and not to any media or social media platforms. For the purposes of this provision, Musetown contracts on its own behalf and also on behalf of the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms or to Musetown.
These terms apply only to Creators participating in the Musetown Platform.
Any person over the age of 16 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register a creator Account, but in order to participate in any Campaigns and earn compensation via the Musetown Platform, Creator’s must meet the following minimum standards:
If you do not meet the minimum standard in condition above, you may not be able to participate in Campaigns or access the full functionality of the Application.
To register a creator Account, Creator must download the Application and sign in to the Application with their Youtube account. In order to submit a Post via the Application, a creator must connect their Instagram account, Facebook account and/or Youtube account in the manner required. By connecting your Youtube account, you are granting Musetown permission to access your Channel data in accordance with these Terms of Use.
Creator will be eligible for compensation only when they follow all the required rules and terms and obtain official approval from brand. Failing to obtain the official approval from brand will not only make creator not elligible for compensation but also get penalties for future campaign participation. The final payment amount will be calculated and finalized 30 days after the publish date of the Post. The payment will be processed within a week after the final price is confirmed. relation to Influencer Marketing Campaigns, once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through the Musetown platform in the manner required within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts. Musetown merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts via the Musetown Platform remains your responsibility.
Before receiving any Payments, you will be asked to provide financial details including your nominated bank account or PayPal account details, whether or not you are registered for GST (in Australia) or VAT (in the UK), your ABN or VAT number (if applicable), Employer Identification number (in the U.S.) and any further required details. After an approved Post is published, you will be entitled to be paid the Product cost reimbursement or Performance-based reward (plus GST, or VAT, if applicable to you), subject to your compliance with these Terms of Use. After an approved Post is published, you will be entitled to be paid the reward(plus GST, or VAT, if applicable to you) based on the payment terms you agreed for the campaign, subject to your compliance with these Terms of Use. Unless specified differently in the campaign rules, payment for the reward will be made after 30 days after your video published and stayed public during the period. If you do not comply, you will not be paid. It is your responsibility to notify Musetown in the event that you are registered for and liable to pay GST or VAT as applicable, and to keep Musetown up to date with your registered GST and/or VAT details as applicable. Musetown will pay the Product cost reimbursement or Performance-based reward (plus GST or VAT, if applicable to you) into your nominated bank account or PayPal account (as supplied by you via the Application in the manner required) on behalf of the Brand by Electronic Funds Transfer approximately 7 days after payment has been received from the Brand. Musetown will issue you with a recipient generated tax invoice for this purpose. No payments other than the Product cost reimbursement or Performance-based reward (plus GST or VAT, if applicable to you) are payable in respect of each approved Post or Sponsored video. You are responsible for the accuracy of your nominated bank account or PayPal account details.
You acknowledge and agree that the relevant Brand, not Musetown, will be solely liable for Payment of the applicable Product cost reimbursement for the approved Post or Performance-based reward for approved Sponsored video. Musetown merely facilitates such Payment on behalf of the Brand and, while Musetown may remit payment to the Creator directly to the account details provided by Creator, under no circumstances does Musetown accept liability for Payment of the Product cost reimbursement or Performance-based reward. You agree that you will not pursue any actions, legal or otherwise, against Musetown for any non-payment, and that this provision constitutes a bar to any such proceedings.
Video with in-stream ad and Sponsored video must adhere to the requirements contained in these Terms of Use and any additional requirements imposed by Brands as part of a Campaign and advised to Creator at the time of submitting the Post for approval (Dos and Don’ts). Posts which do not comply with this condition may be removed from the Musetown Platform at Musetown’s absolute discretion.
Creators must clearly disclose in sponsored Posts and/or Ads their relationship with the Brand. Musetown requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Creator and the Brand. This may be achieved through the prominent use of hashtags such as #advertisement or #ad or through other means suitable to your particular circumstances, Community and Channels. Musetown reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Creators in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at Musetown’s sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the Musetown Platform. Creators in the USA should have regard to the Federal Trade Commission’s Endorsement Guides available at: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.
Creators must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behavior such as (but not limited to), purchasing followers, likes or engagement. In the event that Musetown suspects (in its sole discretion) that Creators are not complying with the requirement for followers to be authentic and organically grown, Musetown reserves the right to remove Creators from the Musetown Platform.
You warrant, in respect of each Post and all Sponsored video you upload to the Application, submit to a Brand for approval, or publish to a Channel via the Musetown Platform, that:
You acknowledge and agree that the Brand and Musetown has the right at any time to moderate any Post after publication to a Channel and that you will immediately make any reasonable modification or amendment requested by Musetown or the relevant Brand to the Post, subject to compliance with these Terms of Use. You also acknowledge and agree that if you post an incorrect Post, the Brand or Musetown may request that you post the correct approved Post and that you will immediately comply with such a request.
You acknowledge and agree that the Brand and Musetown has the right at any time to request that you remove any approved Post from you Channels and that you will comply with such a request immediately upon receipt of notification, subject to Payment in full to you of the Product cost reimbursement in accordance with these Terms of Use.
Musetown and the relevant Creator and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by Musetown and the relevant Creator and Brand before publication.
Creator who signs up for Musetown Partner Program, agrees to
All right, title and interest in all Intellectual Property Rights in Posts will remain or be vested in the Creator. Nothing in these Creator & Brand Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in the Posts to any other party, including Musetown or the Brand.
In consideration of Payment of the Product cost reimbursement and performance-based reward, the Creator agrees to grant in respect of each and every Post:
Winners of a Brand Contest who accept the winning prize as a reward agrees to grant the right to edit and re-format the Post into such formats or versions for use by Brand in such media as Brand requires in accordance with this clause.
You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the campaign period.
As a creator, in respect of each Post, you consent to the relevant Brand and its successors, licensees, and assigns, and anyone authorised by them, changing, copying, adding to, taking from, adapting or translating, in any manner or context or doing any other act in respect of the Post notwithstanding that such conduct may infringe your moral rights or performer’s rights (or similar laws in any territory or jurisdiction) in the Post, and, to the extent possible, your grant a waiver of all moral rights and performer’s rights in each Post.
As a creator, you agree that you will not:
You acknowledge that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and Musetown and that these Terms of Use go no further than is reasonably necessary to protect the interests of the Brand and Musetown.
As a creator, you will at all times perform your obligations and provide Posts or Sponsored video to Musetown and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither Musetown nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either Musetown or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the Posts constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, Musetown or any their respective successors or licensees. You hereby release the Brand, Musetown and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you under these Terms of Use.
You acknowledge that Musetown has not made any guarantees in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
You agree that you (and your agents) will not negotiate terms or payment from Brands outside the Musetown Platform. Any attempt to circumvent the Musetown Platform may result in the removal of you from the Musetown Platform in Musetown’s sole discretion.
These terms apply only to Brands participating in the Musetown Platform.
These Terms of Use are not intended to alter the terms or conditions of any specific Rights Licence (including any content Licence agreement) you may have with Musetown, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your Rights Licence (including any content Licence agreement) will prevail. These Terms of Use and any Rights Licence form a legal agreement between you (or the employer or entity on whose behalf you are entering into this agreement) and Musetown.
To register a Brand Account, you must access https://app.muse.town and log in in the manner required, including providing your full name, email address, telephone number and password, and selecting your preferred payment method (invoice or credit card) and providing payment details where requested. You will not be charged to create a Brand Account. You will only ever be charged when you approve a Post. If you are using the Musetown Platform on behalf of a Brand, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.
Brands are able to create Influencer Marketing Campaigns using https://app.muse.town.
Brand agrees to grant in respect of all Content uploaded to the Musetown Platform as part of a Campaign:
With respect to Influencer Marketing Campaigns, Brand acknowledges and agrees that the Brand's use of any Post is strictly conditional upon payment of the Product cost reimbursements and Performance-based reward and then only in accordance with these Terms of Use.
Musetown has the right to cancel, suspend, restrict services to and/or terminate a Brand’s account if Musetown believes (in its sole discretion) that the Brand is not using the Musetown Platform in a fair and reasonable way, or are attempting to use the Musetown Platform in a way which does not treat the Creators or the Musetown Platform in a fair and reasonable way and/or in accordance with the purposes for which the Musetown Platform were intended.