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ROEME CREATOR TERMS OF SERVICE AGREEMENT

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Last Modified: December 9, 2024

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Terms of Service

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Welcome to Roeme Connect! This Agreement outlines the terms under which Roeme Inc. (“Company”, “Roeme,” “we,” “us,” or “our”) connects creators (“Creator(s),” “you”) with brand partners (“Brand Partners”). 

By signing up as a Creator and providing creation and distribution of content services in connection with campaigns (the “Services”), you agree to these Terms and conditions (the “Terms”), Terms of Use, and Privacy Policy and you agree to receive required notices and to transact with us electronically. If you do not agree, you may not use the Services. For questions, contact us at support@getroeme.com.

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Eligibility

You must be at least 18 years or older to use the Services. Roeme does not permit participation by individuals under 18 years old, even with parental or legal guardian’s consent. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

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Capitalized and Defined Terms:

All capitalized Terms used in this Agreement will have the meanings as defined: i) below or in this Agreement; or ii) in the context in which they are used. All other Terms used in this Agreement will have their plain English meaning as commonly interpreted in the United States.

“Brand Partner” means any Company client, including any client affiliates, and Brand Partners that have a contractual relationship with Company to receive Creator Services.

“Campaign(s)” and “Campaign Information” mean, collectively, any details provided to Creators by Company or the Brand Partner, including, but not limited to, Perks, program dates, branding guidelines, general and specific Creator responsibilities, Creator reported analytics, Brand Partner goods or services, and the identity of the Brand Partner, relating to an opportunity for the Creator to provide Services for a Brand Partner.

“Content” means all text, images, graphics, illustrations, information, data, audio, video, photographs, posts, reels, links, files, or any other Content or Services created, distributed, or provided by Creator pursuant to a Campaign.

“Creator(s)” refers to the individual(s) or entities using the Services to participate in promotional and content creation opportunities.

“Services” means any public performance, display, review, commentary, or other content Creator creates related or pursuant to this Agreement, Creator’s relationship with Company, or Brand’s Partners and includes, but is not limited to, posts on Social Media, which may include photos, videos, and textual components.

“Site” means any website, mobile application, or online platform owned or operated by Roeme, including all associated features, content, and services. This includes but is not limited to written, video, or photographic content, news, discussions, or any other content or social interactions within the Roeme community, and any content provided by Roeme.

“Third Party Site” means any external social media platforms, such as Facebook, Instagram, TikTok, Twitter, Snapchat or any other platform, website, email campaign, or other current or future communications media, as well as any web hosting or applications where the Creator shares or posts content. 

“Perks” means the benefits or rewards provided to a Creator for their participation in a Campaign, which may include, but are not limited to, free or discounted access to services or products, promotional opportunities, or other incentives provided by Roeme or its Brand Partners.

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Account Responsibility

Creators must create an account through the Roeme application on the App Store and must provide accurate, current, complete and updated information. Creator also agrees to continuously update and ensure the accuracy of their account information throughout the duration of use of the Services. Creators are responsible for maintaining account confidentiality and log-in credentials. 

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Identification

By using our Services and submitting an application, you represent and warrant that all account(s) listed in your application belong(s) to you. Creator further acknowledges and agrees that we reserve the right to request additional information or documentation from you to verify your identity. This may include, but is not limited to, government-issued identification documents, proof of address, or any other relevant identification information.

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Creator Services

By accepting an invitation to a Campaign, the Creator agrees to provide the Services outlined in the applicable information package for each opportunity (“Campaign Information”) to the sponsoring Brand Partner. Services must comply with Roeme’s guidelines, Brand Partner expectations, and applicable laws, including Federal Trade Commission (FTC) disclosure requirements.

Creator will be solely responsible for the performance of the Services and hosting, maintenance, and operation of Creator’s Services and/or use of any Social Media or Site.

Creator agrees that all Services provided or created with respect to a Campaign will be made available to the public or their followers and to Company and Brand Partner(s). Creator also agrees all Services provided or created with respect to a Campaign may be made accessible to others according to the Campaign Information’s timeline or expectations.    

Creator is solely responsible for moderating any submission, comments, responses or other feedback (“Submissions”) from any third party in response to any of Creator’s Services on a Third-Party Site and agrees that neither Company nor Brand Partners have any responsibility for moderating any Submissions.

Creator agrees to promptly remove any Submissions or Services from a Third-Party Site upon Company’s or Brand Partner’s request whether or not the content violates our terms. 

Creator will operate each Third-Party Site or Site and share content in accordance with Company’s Privacy Policy, which you can examine any time by clicking on the "Privacy" link on our website, www.getroeme.com. Personal information that you supply to Company, and any information about your use of the Services that we obtain will be subject to the Company Privacy Policy.

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Proper Use of Roeme Connect

Creator must use Company Services for lawful, personal purposes only and may use the Services only in ways consistent with the law.

Creator agrees that systematic retrieval of data from the Services without the express written permission of the Company is strictly prohibited. Creator may not use any program, spider, “bot,” or other automatic device to gather or "harvest" information from Roeme. Creator may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from Roeme. Creator may not use, frame or otherwise enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates. Creator may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without our express written consent. Creator agrees not to use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this section or to interfere or attempt to interfere with the proper working of Roeme. Creator agrees not to knowingly provide false information to sabotage or otherwise negatively affect Roeme. Creator agrees not to reverse engineer, disassemble or decompile any Company services, prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder.

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Inappropriate Content

We reserve the right to remove any content and remove you as a Creator from the Services or Campaign, at any time, that is deemed inappropriate. Determinations about the inappropriateness of content lie in the Company’s sole discretion. Inappropriate content may include, without limitation, content that: 

  • is directed at children under 13 years of age;

  • violates any provision of the Children’s Online Privacy Protection Act and/or Federal Trade Commission regulations;

  • contains material that is false or misleading with respect to any person or entity;

  • contains material that is illegal, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, offensive, libelous, sexually explicit, violent, invasive of privacy, hateful, or discriminatory on the basis of race / color / religion or creed / national origin or ancestry / sex / age / physical or mental disability / veteran status / sexual orientation / pregnancy / gender identity;

  • infringes any third party’s intellectual property rights or that you are otherwise prohibited from disclosing;

  • contains software viruses or otherwise impairs the Site’s functionality;

  • involves the transmission of “spam,” “junk mail,” “chain letters,” or unsolicited mass emails;

  • promotes, advertises or solicits for contests, sweepstakes, multi-level marketing campaigns, Ponzi schemes, pyramid schemes, digital currencies or cryptocurrencies;

  • uses automated scripts or other technology to collect information from or contact the Company or users of the Site;

  • provides material support or resources to any organization(s) designed by the United States government as a foreign or domestic terrorist organization;

  • discloses another person’s personal identifiable information, including without limitation name, address, social security number or other identifying number or code, telephone number, email address, contact information, password, credit card or bank account information; or

  • violates or encourages the violation of any applicable local, state, federal or international law, including any regulations having the force of law.

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User Conduct

By accessing or using our Site, you acknowledge and agree that we have the right to remove you from the Servies or Campaign if you engage in sending rude or offensive messages. We are committed to maintaining a respectful and inclusive environment for all users of the platform, including Creators and our Brand Partners.

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Compliance with FTC Guidelines

Creators are required to adhere to the Federal Trade Commission (FTC) guidelines concerning the disclosure of affiliate links and gifted or paid partnerships. Whenever you share or promote on behalf of a Brand Partner, it is your responsibility to transparently disclose the relationship to your audience. This disclosure should be clear, conspicuous, and placed near the associated claim. Non-compliance with FTC guidelines can lead to repercussions both from our platform and legal authorities.

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Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to and use of the Services, without prior notice, for conduct that we believe violates this agreement or is harmful to other users of the platform, us, or third parties, or for any other reason. Furthermore, we reserve the right to terminate access to our Services for any reason or no reason.

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Compensation and Taxes

If Creator accepts a Campaign Invitation, Creator agrees that the benefits or compensation described in the Campaign Information (the “Perks”) represent Creator’s entire compensation for all Services and Creator shall not be entitled to reimbursement for any costs or expenses.

Company reserves the right to suspend or terminate any agreement with any Brand Partner or Creator at any time. Company shall not be obligated to pay Creator any Perks.

Creator shall be responsible for determining the applicability of any sales, use, excise, or similar transactional taxes that may be applicable to the performance of the Services, if any. Creator shall be obligated to pay any applicable taxes for corresponding Services, including without limitation, any and all interest, penalties and attorneys’ fees. Company will not be responsible to Creator or any governing body for any taxes relating to amounts that Creator receives under this Agreement including but not limited to federal or state income tax, social security tax, or unemployment tax. 

These Services do not create an employment relationship between Creator and Company or between Creator and Brand Partner. Creator has no rights as an employee of Company or Partner.

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Restrictions on Promotional Methods

While using the Services, you are expressly prohibited from engaging in specific promotional tactics. These prohibited tactics include, but are not limited to:

1. Paid Search: Creator may not use paid search campaigns or pay-per-click advertising to promote your association with Roeme or its associated Brand Partners.

2. Keyword Bidding: Bidding on keywords, phrases, or other identifiers, including brand-related terms associated with Roeme or its Brand Partners, for advertising purposes is not allowed.

3. Software or Browser Extensions: Developing or utilizing any software, applications, or browser extensions that interact with, alter, or are related to our platform in any manner without our explicit written consent is strictly prohibited.

4. Commissionable Discount Codes: Listing or sharing Roeme commissionable discount codes on external discount websites, applications, or similar platforms is strictly prohibited. Intentional violation of this policy may result in immediate and permanent banning from the Services, in addition to the reversal of any Perks. 

Violation of these restrictions may result in immediate termination of your account and forfeiture of any earned commissions or other rewards.

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Changes to Company

We may discontinue or change any Company and/or the Services content, service, function or feature at any time with or without notice.

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Proprietary Rights

The Company reserves all rights under intellectual property law in the Company and in any content that is on the Site.

Except as the Company may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Company on the Site without our express prior written consent. Rights not expressly granted herein are reserved by the Company.

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Digital Millennium Copyright Act

If you believe that any third-party has violated your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. Please be reminded that, in order to be effective, your notice of claimed infringement must comply with the requirements of the Digital Millennium Copyright Act, which may be found at 17 U.S.C. ¶ 512(c)(3).

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Indemnification

Creator agrees to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Changes to the Terms of Service

We reserve the right to modify these Terms of Service at any time. If changes are made, Creators will receive email or text communications with access to the updated Terms. By continuing to use the Site after any changes are made, you acknowledge and agree to the updated Terms of Service. It is the Creator’s responsibility to review the Terms periodically to stay informed of any updates.

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Electronic Delivery Statement and Creator Consent

Creators agree that we may provide notices and other information concerning Company or the Services electronically, including notice to any email address or phone number that you may provide. 

You consent to receive text messages from Company related to your use of our Services. These messages may include, but are not limited to:

  • Creator account notifications and updates

  • Information about events, campaigns, or promotions

  • Reminders and other service-related communications

Message Frequency: The frequency of text messages may vary based on your interaction with our Services.

Opt-Out: You can opt out of receiving text messages at any time by replying "STOP" to any text message you receive from us. After opting out, you may receive a confirmation message to acknowledge your request. Please note that opting out of text messages may limit your use of the Services.

Message and Data Rates: Standard message and data rates may apply based on your mobile carrier plan. Please contact your carrier for details.

Third-Party Services: We may use third-party service providers to send text messages. Your information will be handled in accordance with our Privacy Policy.

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Ownership of Content That Creator Supply

You represent, warrant and agree that you are the exclusive owner of any content you publish on Third-Party Sites and/or that you have all rights, licenses, consents and releases necessary to make the content available on the Site. Creator further represent, warrant and agree that your content does not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or any other applicable law or regulation. 

You retain ownership of any intellectual property (IP) rights you held prior to entering into this agreement with Roeme. However, any IP created, modified, or submitted by you during your work for Roeme or its Brand Partners, including but not limited to content, designs, or marketing materials, will be owned by Roeme. You agree to assign, and hereby assign, all such IP rights to Roeme upon their creation.

To the extent that any IP rights cannot be fully assigned, you grant Roeme a fully paid, royalty-free, worldwide, sublicensable, irrevocable license to use, modify, distribute, publish, and create derivative works from such IP without the need for additional compensation or notification. Furthermore, Roeme may extend licenses to its partners, allowing them to use content or materials created during your engagement as part of campaigns, services, or other activities, at Roeme’s sole discretion.

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No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you, or others, may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

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Third Party Sites and Advertisers

You agree that we are not responsible or liable for any content or other materials on Third Party Sites. You also agree that we are not responsible for content or claims supplied by our Brand Partners, suppliers or advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Company is not responsible for any claim or loss due to a Third Party Site or any advertiser.

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Disclaimer of Warranties

We provide the Service and its contents "AS IS." We and our partners, affiliates, suppliers, Brand Partners and Creators make no express warranties or guarantees about the Service. You understand and agree that any statements by the Company, its employees, agents, partners, affiliates, suppliers, Brand Partners and Creators are provided for informational purposes only. TO THE EXTENT PERMITTED BY LAW, WE AND OUR PARTNERS, SUPPLIERS, BRAND PARTNERS AND CREATORS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

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Limitation of Liability

Creator may not assert claims for money damages arising from this Service or its contents. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our Company and our partners and suppliers, shall be limited to the extent permitted by law.

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International Use

We make no representation that content on this Service is appropriate or available for use in locations outside the United States. If you choose to access this Service from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

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Choice of Law and Location for Resolving Disputes

Creator agree that the laws of the State of Georgia, USA and US federal law govern these Terms of Service, its subject matter, your use of the Service, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Creator further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Georgia in Fulton County, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF GEORGIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

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Binding Arbitration

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Creator arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

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Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on www.getroeme.com constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

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