Clippers and user-generated content creators (“User”) of Twizby may create promotional content using both business-provided materials and original user-generated content, but all such content must comply with these Content Requirements, applicable law, and Twizby or business-specific instructions. Original user-generated content generally remains owned by the user, business-provided materials remain owned by the business or other rights holder, and Twizby retains broad review, licensing, and removal rights needed to operate the service.
1. Permitted Content SourcesUser may create and publish promotional content using: (a) video, images, trademarks, logos, brand assets, and other materials expressly provided by a participating business or Twizby for promotional use; and/or (b) original user-generated content created by User, including User’s own video, audio, photographs, graphics, voiceovers, captions, and commentary. User may not upload or incorporate any third-party material unless User has all rights, licenses, consents, and permissions required for that use.
2. Authorized Use of Business MaterialsUser may use business-provided content only within the scope expressly authorized by Twizby andthe business and only for approved promotional activity on or through the service. Except as expressly permitted, User may not reuse, redistribute, sublicense, sell, or exploit business-provided materials outside the authorized campaign or in any manner not primarily intended to promote the participating business through Twizby.
3. Brand Use RestrictionsAll business trademarks, service marks, trade names, logos, slogans, and other brand elements remain under the control of the business or other rights holder. User may use those brand elements only as expressly authorized, only in accordance with applicable brand guidelines, and only after any required approval. User may not alter business marks except as authorized, use them in a manner likely to diminish their value or cause confusion, or register domain names, account names, or other identifiers that include or imitate those marks. Any goodwill arising from authorized use of business marks will inure to the benefit of the business.
4. Ownership and Limited LicenseAs between User and Twizby, User retains ownership of User’s original user-generated content, except to the extent that any portion is owned by a business or third party. As between User and the business, all business-provided videos, trademarks, logos, and other business materials remain the property of the business or other rights holder. User grants Twizby a non-exclusive, worldwide, royalty-free license to host, reproduce, store, display, distribute, communicate, reformat, adapt, promote, and remove User’s content as needed to operate, improve, administer, and promote the service; and, where the program structure requires it, the terms may also grant the promoted business a limited license to use the user-generated promotional content in connection with the campaign and related promotion.
5. Rights and Permissions WarrantyUser represents and warrants that User has all licenses, rights, consents, and permissions necessary for all content User uploads, creates, or incorporates into promotional content. This includes rights in music, sound recordings, video clips, photographs, graphics, text, third-party trademarks, and any person’s name, image, voice, likeness, or other protected attribute appearing in the content.
6. Truthful Advertising OnlyAll promotional content, including clips, captions, hashtags, thumbnails, narration, audio, and related statements, must be truthful, not misleading, and supported by an adequate basis for any express or implied objective claim. User may not make false, deceptive, unsupported, or unauthorized claims regarding a business’s products or services, including claims about performance, price, quality, savings, safety, typical results, or availability. User also may not make a claim through an endorsement that the marketer itself could not lawfully make.
7. No Deceptive Editing or False EndorsementUser may not edit business-provided materials or create user-generated promotional content in a way that misstates the nature, quality, origin, price, or typical results of the advertised product or service. User may not state or imply that the business, Twizby, or any third party endorses User or has approved any statement, comparison, or representation unless that approval has actually been given. If pre-written or business-supplied content is used, it still must be truthful and not misleading in the context in which User posts it.
8. Disclosure of Financial RelationshipIf User receives compensation, commissions, revenue share, free products, discounts, or any other thing of value tied to promotion or resulting sales, User must clearly and conspicuously disclose that material connection when required. The disclosure should appear in the post or content itself, close to the endorsement or promotional message, and not be buried in a profile, separate page, or obscure link. If the platform format does not allow a clear and conspicuous disclosure, the content should not be used in that format.
9. Endorser Responsibility and Platform MonitoringTwizby may require Users to follow disclosure instructions, use specified labels, or provide substantiation or other compliance information on request. User must promptly correct or remove content upon request and cooperate with Twizby in responding to complaints, investigations, or rights-holder notices.
10. No Infringing or Unauthorized ContentUser-generated content and business-derived content may not infringe or misappropriate copyright, trademark, publicity, privacy, confidentiality, or other rights. User may not falsely claim authorship of a work derived substantially from licensed or business-provided material, and may not make licensed material available in a manner that allows third parties to extract or redistribute it as a standalone file unless expressly authorized.
11. Privacy, Publicity, and Sensitive Content RestrictionsUser may not include confidential, proprietary, personal, or sensitive information in promotional content without authorization. If the content includes identifiable individuals or other protected personal attributes, User must have any permissions or consents required for recording, use, and publication.
12. Approval, Review, and Removal RightsTwizby or the business may require pre-approval of promotional content, including user-generated content, captions, thumbnails, influencer activity, and any use of business content or business marks. Twizby may review, reject, require modification of, suspend distribution of, demonetize, or remove any content it determines is misleading, infringing, noncompliant, harmful to brand reputation, or otherwise unacceptable under the terms. User must promptly comply with requests to revise or remove content.
13. DMCA and Repeat Infringer ComplianceUser content must comply with Twizby’s copyright complaint and takedown procedures. Twizby may disable access to allegedly infringing content, respond to intellectual property complaints, and suspend or terminate repeat infringers or other users who repeatedly violate these requirements. See Twizby’s DMCA policy.
14. Commercial Use and Revenue Share ProgramUser-generated content and business-provided materials may be used for the commercial purpose authorized by Twizby’s program, including promotion of participating businesses and compensation structures based on resulting sales, subject to the scope of rights granted and all approval, disclosure, and compliance obligations in these terms. If Twizby receives a percentage of resulting sales, the terms should separately define the revenue-share arrangement, tracking rules, accounting method, and payment conditions.
15. Compliance with Law and Platform PoliciesUser must comply with all applicable advertising, marketing, consumer protection, intellectual property, privacy, publicity, and promotional laws, as well as all Twizby policies and business-specific requirements. If a required disclosure or limitation cannot be presented clearly and conspicuously in the medium where the content appears, User may not use that content in that medium.
16. Cooperation and RecordsUser must cooperate with Twizby and any participating business in responding to complaints, investigations, takedown notices, or compliance reviews. Where reasonably requested, User must provide information sufficient to confirm rights clearance, disclosure compliance, or substantiation for claims made in promotional content.