evangeler.com Terms and Conditions ("Agreement")
This Agreement was last modified on March 10, 2014.
Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://www.evangeler.com ("the Site") operated by Word Smashing (ABN 29537306446) ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.evangeler.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
1.1 General.
Evangeler provides an online platform that helps connect customers who wish to purchase marketing (“Customers”) and
marketers who wish to provide such services (“Marketers”), including, for example, through Social Marketing Contests,
(the “Services”). “User”
means any user of the Site or Service, and may be a Marketer or a Customer. If you are a User, the provisions in
this Agreement regarding Users apply to you. If you are also a Customer, further the provisions in this Agreement
regarding Customers apply to you. If you are also a Marketer, further the provisions in this Agreement regarding
Marketers apply to you. “Marketing Contest Winner” means the applicable winning Marketer. “Sale” means the applicable sale.
“IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property
rights recognized by the laws of any country.
1.2 Service.
(a) Customer may create a social marketing contest (“social marketing contest”) by creating a brief (“Marketing Brief”), paying
the Customer Payment and following the other instructions on the Site. The Marketing Brief must clearly specify the
requirements for the social marketing contest, such that Marketers clearly know the rules and criteria on which their
Marketing Work will be judged. There are currently two types of social marketing contests: (1) the default Pre-Paid
Contest and (2) the Guaranteed Contest. Marketers invited by Evangeler (in Evangeler’ sole discretion) to enter
a social marketing contest may submit Marketing Work (“Marketing Work”) in the format specified by Evangeler by
following the instructions on the Site. Marketing Work must comply with the Marketing Brief. (b) For Guaranteed
Contests, Customer must select one or more winning Marketing Work by a certain time specified by Evangeler. If
no winner is selected in the qualifying round of a Guaranteed Contest, Evangeler will retain the Customer
Payment, Evangeler will distribute the Marketer Fee equally among the Marketers who participated in the
Guaranteed Contest and who have won a social marketing contest in the past and who have not breached this Agreement, and
Customer will have no right to a refund or to use the Marketing Work. If no winner is selected in the final
round of a Guaranteed Contest, Evangeler will retain the Customer Payment, Evangeler will distribute the
Marketer Fee equally among the finalists who satisfy criteria determined by Evangeler’ in its sole discretion,
in the final round of the Guaranteed Contest, and Customer will have no right to a refund or to use the Marketing Work
Concepts. (c) For Pre-Paid Contests, Customer must select one or more winning Marketing Work by the time the
Pre-Paid Contest closes. Customer may withdraw Pre-Paid Contest (but not a Guaranteed Contest) for a refund of
the Customer Payment before 60 days after he start of the Contest. Customer may
additionally seek a refund of the Customer Payment for a Pre-Paid Contest (but not a Guaranteed Contest) at any
time up to 60 days after the date of payment for the Pre-Paid Contest, but only if winners were not chosen by
Customer. (d) For the avoidance of doubt, Customer has no right or license to use any Marketing Work other than
the Winning Marketing Work. Customer may not: (a) run a social marketing contest if Customer is tendering the creation of the same
Marketing Work through a service other than the Site (this Section (a) does not apply to customers located in the EEA);
(b) allow or request Marketers to submit Marketing Work to Customer via any means other than via the Site; and
(c) collude in relation to the awarding of a winner in a social marketing contest or awarding a separate account held by
Customer as the successful Marketer in a social marketing contest. Customers and Marketers must deal on an arm’s length
basis Customer may not cancel any social marketing contest for the purpose of contracting separately with a Marketer who
Customer meets through the Site which results in Customer avoiding paying Evangeler any Customer Payment or any
fees and charges of Evangeler. (e) Some jurisdictions provide Customer certain mandatory statutory rights (e.g.,
right to supplementary performance (e.g., rectification or replacement), right for a refund, right to
withdrawal, right to reduce the price and right to damages in case the Marketing Work are defective)
(collectively, “Mandatory Statutory Rights”) which remain unaffected.
2. Payment Terms.
The following terms apply to Customers who have purchased Marketing Work and Marketers who have sold Marketing Work.
2.1 Payment and Delivery.
For the Social Marketing Contest, (a) Customer will pay the Customer Payment to Evangeler and
Evangeler will pay the Marketer the Prize (subject to first receiving payment from Customer), and (b) Marketer
will upload the Marketing Work and Evangeler will deliver the Marketing Work to the Customer, in a format specified by
Evangeler. The “Customer Payment” means (i) the price selected by Customer
when Customer created a Social Marketing Contest as set forth at http://www.evangeler.com/how-it-works
2.3 General Payment Terms.
All payment will be in the local currency based on the location of the Site. You agree that you are responsible for
the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or
purchase of any Winning Marketing Works via the Site. Evangeler is not responsible for collecting, reporting, paying, or
remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may
be levied in respect of a transaction contemplated by this Agreement.
Intellectual Property
The Site and its original content, features and functionality are
owned by Word Smashing and are protected by international copyright, trademark, patent, trade secret and other
intellectual property or proprietary rights laws.
Termination
We may terminate your access to the Site, without cause or notice, which may
result in the forfeiture and destruction of all information associated with you. All provisions of this
Agreement that by their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or
controlled by Word Smashing.
Word Smashing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by
reference) shall be governed and construed in accordance with the laws of Australia, without giving effect to
any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace
these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any
such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Disclaimers
The Site and Services are provided “AS-IS” and “AS AVAILABLE” and we (and our suppliers) expressly disclaim any
warranties and conditions of any kind, whether express or implied, including the warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and
our suppliers) make no warranty that the Site or Services: (a) will meet your requirements; (b) will be available on
an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other
harmful code, complete, legal, or safe. Some states do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.
The following Section applies to users in the EEA and Switzerland: Evangeler is liable for defects in accordance
with the applicable statutory provisions. With regard to companies, the warranty period is limited to twelve (12)
months. An additional warranty is only provided if this has been expressly agreed.**
Contact Us
If you have any questions about this Agreement, please contact us.