Terms of Use

Last Updated: 3 February 2025

Social Shake Legal Terms

Introduction to Social Shake Legal Terms

Social Shake ("Company," "we," "us," "our") is a company based in Sydney, Australia.

We operate the website https://social-shake.com (the "Site"), the mobile application Social Shake (the "App"), and other related products and services that refer to or link to these legal terms (the "Legal Terms")—collectively referred to as the "Services."

Social Shake serves as a platform that connects content creators with brands, providing paid opportunities to produce and share content. Creators can download the app on iOS or Android, create a profile, and explore various content opportunities or contests. After producing content, they submit it via the app and receive payment upon approval. For brands, Social Shake streamlines the process of launching content contests or campaigns, enabling the acquisition of authentic, user-generated content. Brands can set budgets, create briefs, and manage submissions, while Social Shake handles content validation and payments to creators. Social Shake is dedicated to simplifying collaboration between creators and brands, fostering a community where creators earn by doing what they love, and brands can efficiently scale their content marketing efforts.

If you need to contact us, please email us at info@social-shake.com.

Agreement to Legal Terms

These Legal Terms form a legally binding agreement between you (whether an individual or representing an entity) and Social Shake, governing your access to and use of our Services. By using the Services, you confirm that you have read, understood, and agree to comply with these Legal Terms.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES.

IF YOU DO NOT AGREE WITH THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE YOUR USE OF THEM.

We reserve the right, at our sole discretion, to modify, update, or change these Legal Terms at any time, without prior notice or consent. Changes to the terms will be reflected by a revised "Last Updated" date, and your continued use of the Services after such changes will signify your acceptance of the updated Legal Terms. It is your responsibility to review these Legal Terms periodically to stay informed of any changes.

Additional terms, conditions, or documents may be posted on the Services from time to time, and these are incorporated by reference into this agreement.

Our Services and Compliance with Local Laws

By accessing or using our Services, you agree that you are solely responsible for complying with all local laws, rules, and regulations that may apply to your use of the Services, depending on your location. It is your responsibility to ensure that your use of the Services does not violate any laws or regulations of your country, state, or region.

Social Shake makes no representation or warranty regarding the legality of using our Services in your jurisdiction. We do not assume any responsibility for ensuring compliance with local laws.

You must also ensure that any content you submit through the Services complies with all applicable laws and regulations. You acknowledge and agree that you are solely responsible for the content you create, submit, or share through the Services, and that Social Shake is not liable for any legal issues arising from your content.

In the event that you access or use the Services in a jurisdiction where certain aspects of the Services are restricted, you agree to comply with any applicable laws and understand that your access to certain features or content may be limited accordingly.

Limitation of Distribution and Use

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Industry-Specific Regulations

The Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar laws. If your interactions with the Services are subject to such regulations, you are prohibited from using the Services.

Additionally, you may not use the Services in any way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable financial regulations.

Intellectual Property

Ownership of Content and Services

All content, materials, and features available through the Services, including but not limited to text, graphics, logos, images, software, audio, and video clips, are the property of Social Shake or its licensors and are protected by applicable intellectual property laws. You acknowledge that all rights, title, and interest in and to the Services and their content, including any software or technology used to provide the Services, remain the exclusive property of Social Shake or its licensors.

License Grant

By using the Services, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with these Legal Terms. This license is granted for personal, non-commercial use only, unless otherwise specified. You may not use, copy, modify, distribute, transmit, or otherwise exploit any of the Services or content without prior written permission from Social Shake, except as otherwise permitted by applicable law.

User-Generated Content

You retain ownership of any content you create and submit through the Services ("User-Generated Content"). However, by submitting User-Generated Content to Social Shake, you grant Social Shake and the Brand a worldwide, royalty-free, irrevocable, and sublicensable license to use, reproduce, distribute, display, and modify such content as part of the Services, including for promotional and marketing purposes. You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not infringe on the intellectual property rights of any third party.

Prohibited Uses

You may not engage in any activity that infringes upon the intellectual property rights of Social Shake or others, including but not limited to using the Services to upload, distribute, or transmit content that is infringing, defamatory, obscene, or otherwise illegal. Social Shake reserves the right to remove any content that violates these terms and to terminate your access to the Services in case of violations.

User Representations

By accessing or using the Services, you represent and warrant that:

1. Eligibility: You are at least 18 years old and have the legal capacity to enter into this agreement. If you are accessing or using the Services on behalf of a business or entity, you represent and warrant that you have the authority to bind such entity to these Legal Terms.
2. Compliance with Laws: Your use of the Services will comply with all applicable laws, regulations, and guidelines. You are responsible for ensuring that your activities on the Services do not violate any local, state, or federal laws.
3. Content Ownership: Any content you create, submit, or share through the Services is your original work or you have the necessary licenses, rights, or permissions to use and distribute such content.
4. No Infringement: The content you submit does not infringe the intellectual property rights of any third party or violate any applicable law or regulation.
5. Accuracy of Information: Any information you provide, including your profile information, is accurate, complete, and up to date. You agree to update your information promptly to maintain its accuracy.
6. No Harmful Content: You will not submit or share any content that is unlawful, harmful, threatening, defamatory, obscene, or invasive of privacy, or that promotes discrimination, hatred, or harm against any individual or group.
7. No Unauthorized Access: You will not attempt to access or use the Services in any way that violates the Legal Terms, including by gaining unauthorized access to other user accounts or the systems used to provide the Services.

Purchases and Payments

Purchases

Certain features of the Services may require you to make a purchase or payment. All payments made through the Services will be processed through a third-party payment processor. By making a purchase, you authorize Social Shake to charge the applicable fees to the payment method you have provided. Prices for Services may vary and are subject to change at any time.

Payment to Creators

For content creators, payments for approved content submissions will be made via the payment method linked to your account. You agree that Social Shake may deduct any applicable fees or charges before transferring the payment. Social Shake is not responsible for any delays or errors caused by third-party payment processors.

Refunds and Cancellations

Unless otherwise specified, all payments made through the Services are non-refundable. If you believe a payment was made in error, please contact us at info@social-shake.com. Refunds, if granted, will be subject to the terms and conditions outlined by the third-party payment processor.

Payment Disputes

In the event of a payment dispute, you agree to resolve the issue directly with the third-party payment processor or with Social Shake. Social Shake reserves the right to withhold payments if we believe the transaction is in violation of our policies or Legal Terms.

Subscriptions

Certain features of the Services may be available on a subscription basis. By subscribing to these features, you agree to pay the applicable subscription fees, which may be billed on a recurring basis (e.g., monthly, annually), depending on the subscription plan selected. You will be billed in advance for each subscription period, and such payments are non-refundable.

Social Shake reserves the right to change the subscription fees or subscription plans at any time. Any changes will be communicated to you in advance, and your continued use of the Services after the change constitutes acceptance of the new subscription fees.

You may cancel your subscription at any time through your account settings. Cancellations will be effective at the end of the current billing period.

Software

Social Shake provides software and tools as part of the Services, including mobile applications, web-based applications, and other software ("Software"). You are granted a non-exclusive, non-transferable, and limited license to use the Software in accordance with these Legal Terms and solely for the purpose of accessing and using the Services.

You may not copy, modify, distribute, or reverse-engineer any part of the Software, nor may you attempt to extract the source code, except as permitted by applicable law.

Software

Social Shake provides software and tools as part of the Services, including mobile applications, web-based applications, and other software ("Software"). You are granted a non-exclusive, non-transferable, and limited license to use the Software in accordance with these Legal Terms and solely for the purpose of accessing and using the Services.

You may not copy, modify, distribute, or reverse-engineer any part of the Software, nor may you attempt to extract the source code, except as permitted by applicable law.

Prohibited Activities

When using the Services, you agree not to engage in any of the following prohibited activities:

1. Engaging in fraudulent activities, including but not limited to submitting false or misleading content.
2. Interfering with the normal operation of the Services, such as by introducing viruses or malicious code.
3. Using the Services for unlawful purposes or in a way that violates local, state, or federal laws.
4. Harassing or threatening other users or infringing upon their rights.
5. Accessing the Services using unauthorized means or scraping data.
6. Using the Services in a manner that disrupts.

Service Management

Social Shake reserves the right to manage, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, for any reason. This includes but is not limited to updates, maintenance, or changes in legal or technical requirements. We are not liable for any loss or damage that may result from such actions.

You acknowledge that we may, from time to time, perform routine maintenance, security updates, or other modifications to the Services, which could temporarily disrupt access to the Services.

Privacy Policy

Our Privacy Policy describes how we collect, use, and protect your personal information. By using the Services, you consent to the practices outlined in the Privacy Policy, which is available at [https://www.social-shake.com/privacy-policy].

Copyright Infringements

If you believe that any content on the Services infringes your copyright or the copyright of a third party, please contact us at info@social-shake.com. In your notice, please provide the following:

1. A description of the copyrighted work you believe is being infringed.
2. A description of the location of the infringing content.
3. Your contact information, including your name, address, and email address.
4. A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law.
5. A statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Term and Termination

These Legal Terms are effective as of the date you first use the Services and will remain in effect until terminated by either party. You may terminate your account at any time by following the instructions in your account settings.

Social Shake may terminate or suspend your access to the Services at its sole discretion, without notice, if we believe you have violated any provision of these Legal Terms or for any other reason.

Upon termination of your account or access to the Services, all rights granted to you under these Legal Terms will immediately cease, and you must promptly cease using the Services.

Modifications and Interruptions

We reserve the right to modify, suspend, or interrupt the Services (or any part thereof) at any time, with or without notice, for any reason. Social Shake is not liable for any loss or damage resulting from any modifications or interruptions to the Services.

Dispute Resolution

Any dispute, claim, or controversy arising out of or in connection with these Legal Terms or the use of the Services shall first be subject to informal negotiations between the parties. The parties agree to negotiate in good faith for a reasonable period to resolve the dispute amicably.

Binding Arbitration

If the dispute is not resolved through informal negotiations, the parties agree to resolve the dispute through binding arbitration administered by a neutral arbitrator in Sydney, Australia. The arbitration shall be conducted in accordance with the Australian Arbitration Act and shall be final and binding on the parties.

Restrictions and Exceptions to Informal Negotiations and Binding Arbitration

The following disputes are not subject to informal negotiations or binding arbitration:

1. Intellectual Property Disputes: Any dispute regarding the ownership, infringement, or protection of intellectual property rights.
2. Emergency Injunctive Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction if necessary to prevent imminent harm or damage.

Corrections

Social Shake reserves the right to correct any errors, inaccuracies, or omissions in the Services, including in pricing, content, and product availability. Social Shake does not guarantee the accuracy or completeness of any information provided on the Services, and we are not liable for any errors or omissions.

Disclaimer

The Services are provided "as is" and "as available." Social Shake makes no warranties or representations of any kind, either express or implied, regarding the operation of the Services, the accuracy of the content, or the availability of the Services. Social Shake disclaims all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Limited Liability

To the fullest extent permitted by law, Social Shake will not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Services, even if Social Shake has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Social Shake, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Services, violation of these Legal Terms, or infringement of any third-party rights.

User Data

By using the Services, you consent to the collection, storage, and use of your data as described in our Privacy Policy.

Electronic Signatures

By using the Services, you agree to transact with us electronically, and you acknowledge that your electronic consent to these Legal Terms is legally binding. You may be required to sign certain documents electronically or accept the terms through a click-wrap process.

Communications and Transactions

You agree to receive communications from Social Shake electronically, including via email and notifications within the app. These communications may include updates, marketing materials, or important notifications related to your account or the Services. You consent to receiving these communications.

SMS Text Messaging

By using the Services, you consent to receive text messages, alerts, and notifications from Social Shake, including those related to your account, updates, contests, and marketing messages. These communications may be sent via SMS (text message) to the phone number you provide. You acknowledge that message and data rates may apply depending on your mobile carrier.

If you wish to opt out of receiving SMS messages, you can manage your communication preferences through the account settings or follow the opt-out instructions in the text messages.

Brand and Contest Terms and Conditions

For brands and advertisers using Social Shake to create content campaigns or contests, you agree to the following additional terms and conditions:

1. Campaign Management: You must provide clear instructions, briefs, and guidelines for creators participating in your campaigns or contests. You are responsible for ensuring that the campaign details, such as budget and timelines, are communicated accurately.
2. Creator Payments: You agree to pay creators promptly upon approval of their submitted content. Social Shake will facilitate the payment process, but the final responsibility for payment lies with you as the brand.
3. Content Ownership: You the Creator retain ownership of any content you create and submit through the Services ("User-Generated Content"). However, by submitting User-Generated Content to Social Shake, you grant Social Shake and the Brand a worldwide, royalty-free, irrevocable, and sublicensable license to use, reproduce, distribute, display, and modify such content as part of the Services, including for promotional and marketing purposes. You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not infringe on the intellectual property rights of any third party.
4. Legal Compliance: You agree that your campaigns and contests will comply with all applicable laws and regulations, including advertising standards, data privacy laws, and intellectual property rights.

Governing Law - Australia

These Legal Terms will be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. Any disputes arising out of or relating to these Legal Terms or your use of the Services will be subject to the exclusive jurisdiction of the courts located in Australia.

Contact Us

If you have any questions, concerns, or need assistance regarding these Legal Terms or the Services, please contact us at:

• Email: info@social-shake.com
• Mail: Social Shake, Sydney, Australia

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