Terms of Use
Intro
1. The following terms (the “Network Terms”) apply to your use of the Creator Lab site (the “Network”) powered by Embark Studios AB's (“Embark”) partner Digital Media Management, Inc. (“DMM”). In the course of using the Network, we may collect certain information about you. The following terms are meant to provide you an overview of our policies and practices regarding the information you supply to the Network. References to ‘we’ or “our” in the Network Terms shall refer to Embark or actions taken by DMM on our behalf.
2. In addition to these Network Terms, Sections 2, 3, 4, 5, 7, 8, 10, 13, 14, 15, 16, 17, 18, 19 and 20 of DMM’s Terms of Service which can be accessed [here] (the “DMM Terms”) will apply when you are using the Network. To the extent of a conflict between the Network Terms and the DMM Terms, the Network Terms take precedence. Embark’s Privacy Policy, available [here], also applies.
3. By registering an account on the Network, you agree to the Network Terms, the sections of the DMM Terms listed above, and you and acknowledge the terms of Embark’s Privacy Policy. You also agree and acknowledge that you need to be at least 18 years of age to participate in Embark’s Creator Program.
Your Information
4. You must keep your password to the Network secure and confidential, and take all reasonable measures to prevent unauthorized access to the Network. In case of unauthorized access or use, you must promptly notify Embark in writing.
5. We collect information you supply us via the Network. We may also authenticate information about you from social networking sites and other third party sites that you link to your profile on the Network. Occasionally, we may also employ cookies, web beacons, log files, or similar means to collect information.
6. We may directly authenticate the following information about you:
• Registration information, including your email address
• Data you enter into your online profile
• Information about you from social media accounts you link to your profile on the Network
How We Use Your Information
7. We collect and authenticate your information via the Network to connect you with potential Embark initiatives that fit your skills and social media profile. In addition, we may use your information to create your account, facilitate your use of the Network generally, and improve and solicit feedback on our products and services.
Sharing Of Your Information
8. We may share your information with subsidiaries and affiliates of Embark and our partner DMM.
The Network and Embark Code of Conduct and guidelines
9. Members of Embark’s Creator Program may hold one of two statuses: Creator or Partner. Each tier comes with its own set of expectations, benefits, and potential rewards. The specific terms and conditions applicable to each tier — including details on eligibility and any associated rewards — are provided separately.
10. You may only access and use the Network for the purpose of participation in Embark’s Creator Program. By using the Network, you agree to follow Embark’s Code of Conduct and any applicable guidelines and terms, as updated from time to time.
YouTube Terms of Use
11. By using Creator Lab, you are agreeing to be bound to the YouTube's Terms of Service, available [here].
Warranty; Acknowledgment; Indemnity
12. You represent and warrant to Embark and DMM that all information supplied by you to the Network, including without limitation information contained in social media accounts linked to your account on the Network, is complete and accurate. You acknowledge and agree that neither Embark nor DMM make any guarantee that you will ultimately join any specific Embark initiative via your use of the Network, nor that any projects you do obtain will result in payments to you.
You agree to indemnify, defend, and hold harmless Embark, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Network Terms, your participation in Embark’s Creator Program, or any content you submit, create, or share in connection with the program.
Managing Your Information and Privacy Settings
13. If you wish to review the information Embark receives about you, either directly or from third party sites you’ve linked to your account on the Network, to cancel your account on the Network, or have any other questions for us, please send an email to influencers@digitalmediamanagement.com.
Promotional Rights
14. By participating in Embark’s Creator Program, you grant Embark and its affiliates a non-exclusive, royalty-free, worldwide license to use, reproduce, and display content you create in connection with the program (“Creator Content”) for the purposes of promoting Embark and its titles through owned and operated channels, such as Embark’s websites, social media accounts, live events, community newsletters, or internal materials. This license does not include the right to use your Creator Content in paid advertisements, such as sponsored posts, paid media placements, or third-party ad buys, unless separately agreed in writing. You also grant Embark the right to reference your name, likeness, and social handle in connection with such use.
Disclosure Obligations
15. You agree to include appropriate and clear disclosures in all content you create, publish, or share in connection with Embark’s Creator Program regarding your relationship with Embark including any sponsorship or material connection. Such disclosures must comply with all applicable laws, regulations, and administrative guidelines related to endorsements and testimonials in advertising (including, without limitation, the U.S. Federal Trade Commission’s Endorsement Guides).
Termination
16. Embark reserves the right to terminate your participation in Embark’s Creator Program at any time in the event of a material breach of these Network Terms or if you engage in conduct that Embark reasonably determines may harm the reputation of Embark, its games, or Embark’s Creator Program. Embark may also terminate Embark’s Creator Program or your participation upon reasonable notice for operational or business reasons.