1. ACCEPTANCE OF TERMS
By accessing or using any of the Services available to Creators, you agree to these additional Creators Terms of Use, which modify and add to LUA’s general Terms of Use at https://luagroup.com/en/terms-of-service/. Please read these Creator Terms of Use, the General Terms of Use and our Privacy Policy carefully. Our Privacy Policy can be found at
2. USE OF THE LUA PLATFORM
LUA allows BRANDS to create campaigns that are then shared with Creators through the LUA Platform. Creators using the LUA Platform can respond to a Campaign by applying through a request. Creators earn benefits or compensation when:
1. In relation to Paid Compensation Campaigns, a BRAND approves a Creator’s application to participate in the campaign, and such Creator subsequently posts on its relevant social network profile the content approved by the BRAND.
2. In relation to Product Compensation Campaigns, a BRAND approves a Creator’s request to participate in the campaign.
To use the LUA Platform, Creators must apply to a campaign available through the LUA Platform and Brands must apply to register an Account through the website in the required manner. LUA reserves the right to refuse or cancel the registration of an Account for any reason in its sole discretion. Any decision by LUA is final and no correspondence will be entered into.
LUA reserves the right to monitor the LUA Platform in general and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, LUA may close or freeze the Account immediately. LUA reserves the right and absolute discretion to suspend or terminate your Account. LUA statutory rights to recover damages or other relief are reserved.
3. SPECIAL CONDITIONS FOR CREATORS
In order to apply for a Campaign, Creators must access through the LUA Platform when a link to a Campaign has been provided to that Creator by a LUA member via email or other method of communication.
The LUA Platform is designed for use by persons 16 years of age or older. Creators under the age of 16 may only use the LUA Platform with the consent of a parent or legal guardian. To use the LUA Platform, you must be eligible to use the social media platforms on which you intend to post the Posts. You are solely responsible for your interactions with other users of the LUA Platform. You agree that LUA is not responsible for the conduct of any user.
The Creator warrants, with respect to each Post you upload on the LUA Platform that:
1. Is over 16 years of age or over 13 years of age and has the consent of their parent or legal guardian;
2. for users over 16 years of age, if your Post includes children 16 years of age or younger, you are the parent or legal guardian of those children;
3. for users 13 to 16 years of age, that you have the consent of their parent or legal guardian and that your Post does not include other children 16 years of age or younger;
4. you own the Intellectual Property Rights in the relevant Post and have the right, as applicable, to license the Post to LUA and the BRAND;
5. the relevant Post does not contain any false statements or representations or does not violate privacy rights;
6. the relevant Post is original and does not contain materials that have been previously published;
7. if the relevant Post includes any third party materials (including music or personality/talent rights), that such third party materials and any associated license terms or limitations on use have been fully disclosed to LUA and the BRAND;
8. the use of the Post and the exercise of the Intellectual Property Rights in the relevant Post by the BRAND and LUA shall not infringe any statutory right, copyright or other Intellectual Property Rights of any person or entity or give rise to any obligation to pay compensation.
3.1 CREATOR REQUIREMENTS
Any Creator may aspire to apply to participate in Campaigns and earn compensation through the LUA Platform, as long as they meet the following requirements:
1. They have been invited to the Campaign in which they intend to apply by any LUA member via email or other method of communication and meet the specific conditions that the corresponding Campaign requires;
2. The Creator’s social media accounts must be public (visible to anyone); and
3. The Creator’s social media accounts may not include content that is contrary to these Terms of Use.
Creators must not misrepresent the size or percentages of their audience or their number of followers or engagement. Followers must be obtained organically and not unethically. In the event that LUA detects that Creators are not complying with the requirement that followers, comments or engagement be authentic and organically grown, LUA reserves the right to remove Creators from the LUA Platform.
3.2 CREATOR COMPENSATION
Paid Compensation Campaigns
In relation to Paid Compensation Campaigns, once the content uploaded to the LUA Platform has been approved by the BRAND, the Creator must post such content to their relevant social media account on the date selected by the BRAND. The Creator will not have the opportunity to edit a post after a BRAND has approved it and agrees that they are solely responsible for the publication of such content.
Prior to receiving any payment, you will be required to provide billing details, including the relevant bank account or PayPal account details and any other required details. After the Creator posts a relevant BRAND approved Post on your social networks along with metrics verification by LUA or a Licensed Content is approved, you will be entitled to be paid the Post Fee or License Fee, subject to your compliance with these Terms of Use. If you do not comply, you will not be paid. LUA will pay the Publication Fee or License Fee into your designated bank account or PayPal account on behalf of the BRAND after payment has been received from the BRAND and on the available payment terms that the Creator has selected at the applicable rates that the LUA Platform indicates.
You as Creator acknowledge and agree that the applicable BRAND shall be solely responsible for the applicable Post or License Fee Payment for the approved Post or Licensed Content. LUA merely facilitates such payment on behalf of the BRAND, under no circumstances does LUA accept responsibility for payment of the Post or License Fee. You agree that you will not bring any action, legal or otherwise, against LUA for non-payment, and that this provision constitutes a bar to such proceedings.
Product Compensation Campaigns
In relation to Product Compensation Campaigns, once a BRAND has approved a Creator’s request, the Creator will be required to upload the content on the LUA platform for BRAND’s review. Once approved by the BRAND, the Creator will be required to post such content on their applicable social media channel. The Creator agrees that he/she is solely responsible for the post of the approved content on the platform. The BRAND may claim the cost of the exchanged product in the event that the corresponding content is not published under the terms described above. In case of return, the Creator will bear the costs of returning the product. In addition, the products to be returned must be in perfect condition.
Before receiving any product, you will be asked to provide your personal shipping information and any other necessary details. Once a product request is approved, you will be entitled to receive the product subject to your compliance with these Terms of Use. If you do not comply, you will not receive the product.
Creator acknowledges and agrees that the applicable BRAND will be solely responsible for shipping the specific product for the applicable request. LUA merely provides the Creator’s shipping information to BRAND, under no circumstances does LUA accept responsibility for the shipment of the product. Creator agrees that it will not take any action, legal or otherwise, against LUA for any non-shipment, and that this provision constitutes a bar to such proceedings.
4. ADDITIONAL CONDITIONS
Paid Compensation Campaigns
In relation to Paid Compensation Campaigns, the applicable BRAND is solely responsible for reviewing and approving all Posts that are part of its Campaign and for payment of the applicable Publication Fee to the Publisher. LUA is in no way responsible for the content of any Post. These Terms of Use shall apply to all transactions conducted through the LUA Platform.
Creators and BRANDS agree that they will not attempt to negotiate terms or payment between them outside of the LUA Platform. Without limiting any other rights or remedies available to LUA, any attempt to circumvent the LUA Platform may result in the removal of such Creators or BRANDS from the LUA Platform in LUA sole discretion.
In the event that a Creator meets the requirements described in a Campaign and the BRANDS approve the Post, the BRANDS will not deny payment to LUA for the Post. LUA will pay the Post Fee to the Creator, unless the Creator has breached these Terms of Use.
Product Compensation Campaigns
In relation to Product Compensation Campaigns, the applicable BRAND is solely responsible for reviewing and approving all requests that are part of its Campaign and for sending the appropriate compensation to the Creator. LUA is in no way responsible for the content of any Post. These Terms of Use shall apply to all transactions conducted through the LUA Platform.
The Creators and the BRANDS agree that they will not attempt to negotiate terms between themselves outside of the LUA Platform. Without limiting any other rights or remedies available to LUA, any attempt to circumvent the LUA Platform may result in the removal of such Creators or BRANDS from the LUA Platform in LUA’s sole discretion. You may not infringe any copyright contained in any Content on the LUA Platform.
In the event that a Creator meets the requirements described in a Campaign and the BRANDS approve the Creator’s request, the BRANDS will not deny submission of such product to the selected Creator unless the Creator has breached these Terms of Use.
4.1 RIGHTS IN THE POSTS
All right, title and interest in and to all intellectual property rights in the Posts shall remain with or vest in the Creator. Nothing in these Terms of Use for Creators and BRAND shall be deemed a transfer, assignment or grant of any ownership rights in the Posts to any other party, including LUA or the BRAND.
The Creator agrees to grant with respect to any and all Posts:
1. to LUA (and its agents) the right to edit and reformat the Post in such formats or versions for use by LUA in such media as LUA may require in accordance with this clause;
2. to LUA (and its agents):
A. a free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Post for the purpose of marketing and promoting LUA (and its products and services) in any manner, without further notice to or consent of the Creator or any other compensation to the Creator;
B. the right to use the Creator’s identity and actions in the Post and to communicate the Post to the public in all languages and in all media.
3. to the applicable BRAND (and its agents):
A. the right to organically share, comment on and republish the relevant Post on the social media account on which the Post was published, for a period of thirty (30) days expiring at 11:59 p.m. on the thirtieth day after the Post was published. first published; and
B. the right to use the Creator’s Identity and shares in the Post and to communicate the Post to the public in accordance with the foregoing terms and conditions and in any media or public relations activity published by a third party.
4.2 RIGHTS IN CONTENT LICENSES
The Content license gives the Creator the opportunity to sell Content without the need for its post on its social media accounts. When the Creator agrees to sell Content, the Creator is presented with LUA’s Content Rights Terms document, which contains the terms and conditions for the assignment of Licensed Content to LUA. The Creator must agree to the Content Rights Terms document each time it receives a request to license Content.
Creator agrees that all right, title and interest in all Intellectual Property Rights in the Licensed Content are assigned absolutely and unconditionally to LUA on the terms and conditions set forth in the Content Rights Terms document, upon payment to Creator of the License Fee. For the avoidance of doubt, the assignment of Intellectual Property Rights is only effective upon acceptance of the Licensed Content by the Creator.
Creator acknowledges and agrees that upon approval of the Licensed Content, it and all Intellectual Property Rights subsisting in the Licensed Content irrevocably become the property of LUA. This assignment is absolute, worldwide and for all uses and purposes, including without limitation, reassigning the Licensed Content to any other person or entity (including a BRAND), licensing the Licensed Content to any other person or entity (including a BRAND), making modifications, enhancements, adaptations or versions of the Licensed Content, creating derivative works and including any release of the Licensed Content in any media. Creator shall, at LUA’s request, execute all documents and perform all acts necessary to vest all intellectual property rights in the Licensed Content in LUA.
Creator acknowledges and agrees that the Licensed Content must not be posted on its social networks or otherwise published in any other manner under any circumstances, including posting or commenting on the Content after LUA or a BRAND has posted or shared it. Upon approval of the Licensed Content, the Content becomes the property of LUA in accordance with the Content Rights Term document.
By accepting the Licensed Content, the Creator grants to LUA and its successors, licensees and assigns, to the fullest extent permitted by law, an unconditional and irrevocable waiver of all rights in the Content, and genuine consent to LUA and its successor licensees and assigns, to use, deal in, reproduce, publish, transmit, adapt, edit, change, modify or repost the Content, whether in whole or in part, and whether alone or in combination with any other material.
5. CONTACT
You may contact LUA via:
Email: comunidad@luagroup.com
Mail: C/Jacometrezo 15, 3D, 28013 Madrid, Spain
6. DEFINITIONS AND INTERPRETATION
The following terms in these Terms of Use have the meanings set forth below, unless otherwise stated:
1. LUA Platform means the Enterprise Portal, the web-based platform for Creators and any associated LUA property or website.
2. Account means a BRAND Account or a Creator Account.
3. BRAND means any person or entity, or their duly authorized agents or representatives, using the LUA Platform for the purpose of creating Campaigns.
4. Creator means a user, or Agency on behalf of a user, who controls and operates a social media account and who agrees to use the LUA Platform to apply for Campaigns and to create and distribute Posts and receive compensation for such Posts or Content through the LUA Platform.
5. Campaign means a compensation campaign through payment or compensation through product to creators, created by a BRAND through the LUA Platform.
6. Content means a Post or any other content or material uploaded to the LUA Platform by a BRAND or a Creator.
7. Licensed Content means content created by a Creator whose License has been acquired by a BRAND.
8. Post means a Post or any other content or material uploaded to a Creator’s social media accounts.
9. License Fees means the fee, as stated on the LUA Platform, to be paid to a Creator for the license of a Licensed Content selected by the BRAND.
10. Post Fees means the fee that a Creator or LUA designates as the amount it will charge a BRAND for sharing a post.
Disclaimer: The original and legally binding version of this document is written in Spanish. If translated into other languages by non-native Spanish speakers or software, there may be discrepancies between the Spanish version and the translated version. If so, the Spanish version supersedes the translated version.
