Terms of Use
Effective Date: August 1st, 2024
Welcome to Melonzest, a Tandem Tide LLC platform (the “Platform”). These Terms of Use (“Terms”) govern your use of the Platform, including any content, functionality, and services offered on or through the Platform. By using the Platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not access or use the Platform.
1. Acceptance of Terms
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, you are not authorized to use the Platform.
2. Use of the Platform
(a) Eligibility: You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you meet this eligibility requirement.
(b) License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal and commercial use.
3. Content Creation and Ownership
(a) User-Generated Content: By creating and uploading content, including but not limited to images, videos, text, and other materials (“User Content”), you retain ownership of any intellectual property rights that you hold in that content.
(b) License to the Purchaser: The Purchaser, defined as the brand or agency commissioning the content production, is granted a license to the original content. This content is considered a “work for hire,” and the Purchaser receives a limited-use license effective for one year (12 months) from the date of delivery. This license permits the Purchaser to utilize the content exclusively within the specified 12-month term.
(b) License to Us: By uploading or creating User Content on the Platform, you grant us a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation, promotion, and improvement of the Platform and our business. This includes, but is not limited to, the use of User Content to train our proprietary algorithms and technologies.
(c) Business Use Cases: You agree that we may use any images and videos created on the Platform for relevant business use cases, including but not limited to marketing, advertising, promotional activities, and inclusion in our portfolio and on our social channels.
4. User Responsibilities
(a) Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Platform.
(b) Prohibited Activities: You agree not to engage in any activity that interferes with or disrupts the Platform or infringes on the rights of others. This includes, but is not limited to, the following prohibited activities:
– Uploading or sharing any content that is unlawful, defamatory, obscene, or otherwise objectionable.
– Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
– Engaging in any form of automated data collection, including scraping, data mining, and harvesting.
5. Intellectual Property
All content and materials on the Platform, excluding User Content, are the property of Tandem Tide LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works of any content or materials based on the Platform.
We have the rights to use all content created on our platform to train our AI and our algorithms. However, we will not use your likeness for any AI related content generation that may be sourced from our content.
We do have the right to use content created on our platform for promotional purposes and for use in perpetuity on all of our owned, earned and paid channels.
To be clear this includes limited use for brand marketers, the “Buyer”, but use in perpetuity for the Platform.
6. Termination
We reserve the right, at our sole discretion, to terminate or suspend your access to the Platform without prior notice or liability. This action may be taken for any reason, including if we believe you have violated these Terms. Additionally, we retain the right to request the removal of any content purchased on our Platform from any channel at any time, at our sole discretion.
7. Disclaimer of Warranties
The Platform is provided on an “as-is” and “as-available” basis. We make no warranties, express or implied, regarding the Platform’s operation or availability, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or in connection with your use of the Platform.
9. Indemnification
You agree to indemnify, defend, and hold harmless Tandem Tide LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Platform or violation of these Terms.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Your City/State/Country] to resolve any dispute arising out of or in connection with these Terms or the Platform.
11. Changes to the Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the revised Terms on the Platform. Your continued use of the Platform after such changes have been posted constitutes your acceptance of the revised Terms.
12. Contact Us
If you have any questions or concerns about these Terms, please contact us at hello@tandemtide.com.
By using the Platform, you acknowledge that you have read, understood, and agreed to these Terms of Use.