Last updated 12 October 2020
This document governs your relationship with https://tokplacement.com (the “Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Website, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and all content (including all digital media) made available to you on or through this Website remains the property of their respective owners and are protected by copyright laws and treaties around the world.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order, you or your organization (the “Company”) are purchasing Services on and subject to the following Terms of Service.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. TokPlacement reserves the right to refuse any order at any time without providing a reason. A contract between us will not be formed until we send you confirmation by e-mail that the services which you ordered have been accepted. If the order is not accepted and you have paid for the service, you will receive a full refund.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel your order and you have already paid for the Services, you will receive a full refund.
Orders can be paid via Direct Bank Transfer or with a credit card through third party payment platform such as Stripe and PayPal. The amount received by TokPlacement upon the debiting of your card shall be treated as a deposit against the value of the service you wish to purchase. Once the order has been accepted and you have been sent a confirmation email, the amount of money paid as a deposit shall be used as consideration for the value of service you have purchased as listed in the confirmation email.
The material to be inserted in the videos in the form of product placement shall be indicated by the Company during checkout in the field provided for this purpose. The Company shall give clear instructions regarding what to use, and to some extent, how to use it. The material can be a product, a logo, a brand, a trademark, a website, a message, an image, an object, or any combination of the above, or anything else (the “Materials”) indicated by the Company during the checkout phase.
If the Materials are not easily available or accessible in the influencer’s geographical location, the Company agrees to deliver as many samples as required, free of charge before the campaign can be launched. TokPlacement shall provide all necessary shipping addresses to the Company, in a timely manner to avoid additional delays.
If the Company requires that the samples have to be returned after the videos have been published, the Company agrees to arrange for pick-up and to cover all shipping cost.
(e) Creative Control
Notwithstanding anything herein to the contrary, the Company recognizes that TokPlacement has little creative control in connection with the videos posted online during the campaign. The creative decisions are taken by influencers themselves, that may decide for subjective reasons to shoot or edit the video in such a way that the Materials are not always represented to their full extent.
However, it is agreed that influencers will show the Materials in a way that they are easily recognizable for a minimum of 30% of the total video running time.
Influencers are not obligated to interact with the Materials during the performance, but they can, if they decide to do so. In any case, they should in no way defame the Materials or act in a way where the reputation of the Company could be damaged.
(f) Campaign Deployment
TokPlacement will pre-select the influencers for the Company based on campaign requirements. The Company can choose to proceed with the selection or ask for other options before proceeding. In any case, the campaign is launched only once the Company has approved the choice of initial influencers.
Based on requirements, campaigns will be launched with one (1) or with as many influencers as required to reach the objective. The sum of all views from each video who participates in the campaign will count towards the total view count.
Each selected influencer is responsible for uploading one (1) video directly on their respective channel in a timely manner. TokPlacement will share every video with the Company as soon as they become live on TikTok.
All campaigns will continue to run until the total number of views purchased by the Company is reached or surpassed. Campaigns normally complete within 30 days after purchasing the Services, but may vary according to Company requirements and subject to any delays resulting from force majeure for which we will not be responsible.
If the objective is not reached within a period of 30 days, TokPlacement will pre-select some new influencers and repeat the process until the objective is reached.
All videos uploaded on TikTok in relation with this campaign will remain visible to the public and on their respective channels for a minimum of 90 days.
(g) Geographical Target
During the checkout phase, the Company indicates in the field provided for this effect the geographical target of the campaign (the “Geo Target”). The Geo Target is used by TokPlacement as a guideline to pre-select the most adequate influencers for the campaign, based on their location, the language they speak, if they have an audience in the Geo Target, or any combination of criteria that matches the requirements for this campaign.
However, TokPlacement cannot guarantee that all views generated during the campaign will occur exclusively in the Geo Target.
In order to comply with product placement laws around the world, influencers are required to include the hashtag #productplacement in the video’s description so it is visible to the public without having to click on the “show more” button.
The Company can chose and request that influencers use one (1) additional hashtag in the video’s description. It could be the brand name, the product name, the campaign name, or any hashtag that is relevant to the Materials.
The Company hereby approves and grants to TokPlacement, its employees, partners and subcontractors the non-exclusive right to use, display and reproduce the Materials in the campaign (the “Rights”).
(j) Company Representation and Warranties
The Company represents and warrants that
- it is the sole owner of the Materials and of all rights necessary to grant to TokPlacement the Rights herein granted;
- no other consents or approvals are required in connection with such Rights as contemplated by this Agreement;
- it is not necessary for TokPlacement to pay any amount to any person, firm or corporation (including without limitation the Company) in order to enjoy the full rights to use the Materials as described herein.
(k) Sharing and Distribution
TokPlacement, the Company and each influencer who participates in the campaign will all have the right to download, share, copy, edit, modify, reproduce, distribute and diffuse the videos related to this campaign on their own respective channels without limitations.
(a) Sign-up Form
By completing the sign-up form provided on the Website and sending it to us, you acknowledge that TokPlacement collects only the necessary information needed to select and to contact you, in the event where you are a good match for a campaign. TokPlacement does not ask you for sensitive information such as your home address or your phone number. Signing-up is absolutely free and puts the influencer under no obligations whatsoever. It will however give influencers better chances of being selected for campaigns, when they are launched in their Geo Target.
(b) Our Contract
TokPlacement reserves the exclusive right to select and to decide which influencers are the most adequate candidates to participate in each campaign, based on the campaign’s requirements.
Upon selection, we will send to the chosen influencers an invitation to participate, influencers have the right to accept or to refuse the offer without providing a reason.
Upon acceptation, a new contract will be signed between TokPlacement and with each influencer individually, every time new campaigns are launched, and valid for only one (1) video.
(c) Influencer’s Commitment (as per individual agreements)
- Influencers guarantee that the Materials will be easily recognizable for a minimum of 30% of the video’s total running time.
- Influencers guarantee that the hashtag #productplacement will be included in the video description.
- Influencers guarantee that the video uploaded for the campaign will remain on its respective TikTok channel for a minimum of 90 days.
- Influencers should in no way defame the Materials or act in a way where the reputation of the Company could be damaged.
- Influencers guarantee that the video will not contain products or logos from competitors, religious or political charged content or hate speech.
- All videos participating in the campaign will comply with TikTok’s terms & conditions.
DISCLAIMER OF LIABILITY
Everything displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, TokPlacement and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TokPlacement’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD-PARTY COPYRIGHT
Except where expressly stated to the contrary all persons, third party logos, trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with TokPlacement and you should not rely on the existence of such a connection or affiliation. Any trade names, marks, logo, and any protected or copyrighted material featured on this Website are owned by the respective owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to TokPlacement.
You agree to indemnify, defend and hold harmless TokPlacement, its directors, officers, employees, consultants, agents, partners, affiliates, and licensors from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
TokPlacement shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and TokPlacement. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of TokPlacement.
If you have questions or comments about the Terms & Conditions, please contact us at: TokPlacement, Addexxo International SA, 17 rue Ferdinand-Hodler, CH-1207 Geneva, firstname.lastname@example.org