1. Introduction
1.1 Overview
These Terms and Conditions (“Terms”) govern your use of The Standard Arena website, platform, and related services (collectively, the “Platform”) operated by The Standard Arena (“we”, “us”, “our”, or the “Company”).
1.2 Nature of the Platform
The Platform is a marketplace that connects Brands seeking marketing and promotional content with Creators who produce and distribute such content on their own social media accounts.
1.3 Agreement to Terms
By accessing or using the Platform in any capacity whether as a Brand, as a Creator, or as a visitor, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Platform.
1.4 Scope of Application
These Terms apply to all users of the Platform, including but not limited to brands, businesses, marketing agencies, content creators, influencers, and visitors who browse the Platform without registering.
2. Definitions
For the purposes of these Terms, the following definitions apply:
2.1 Brand
“Brand” means any business, organization, agency, or individual that uses the Platform to discover, connect with, and compensate Creators for the creation and distribution of promotional content.
2.2 Campaign
“Campaign” means a specific project or series of projects initiated by a Brand through the Platform, defined by a brief, deliverables, timeline, and compensation.
2.3 Campaign Brief
“Campaign Brief” means the document or set of instructions provided by a Brand to a Creator outlining the requirements, deliverables, style guidelines, deadlines, and other specifications for a Campaign.
2.4 Content
“Content” means any material created by a Creator for a Brand under these Terms, including but not limited to photographs, videos, audio recordings, written posts, captions, stories, reels, livestreams, and any other form of media.
2.5 Creator
“Creator” means any individual, influencer, content creator, social media personality, or agency representative who registers on the Platform to offer content creation and distribution services to Brands.
2.6 Platform
“Platform” means The Standard Arena website, mobile application, and all associated services, tools, and features.
2.7 Social Media Accounts
“Social Media Accounts” means the Creator’s accounts on third-party social media platforms including but not limited to Instagram, TikTok, YouTube, Facebook, and Twitter that the Creator connects to the Platform.
2.8 User
“User” means any individual or entity that accesses or uses the Platform, whether as a Brand, Creator, or visitor.
2.9 User Content
“User Content” means any content, information, data, text, images, videos, or other materials that a User submits, posts, displays, or otherwise makes available on or through the Platform.
3. Eligibility
To register as a User of the Platform, you must meet the following eligibility requirements:
3.1 Age Requirement
You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is older.
3.2 Legal Capacity
You must have the full legal capacity and authority to enter into binding contracts.
3.3 Business Representatives
If you are registering on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
3.4 No Prior Suspension
Your account has not been previously suspended or terminated by us for violation of these Terms.
3.5 Accurate Information
You must provide accurate, current, and complete information during registration and keep this information updated.
3.6 Creator Specific Requirements
Creators must own or have legal authority to operate the Social Media Accounts they connect to the Platform.
3.7 Brand Specific Requirements
Brands must have the legal right to use any trademarks, logos, or other intellectual property provided to Creators.
4. Account Registration and Security
To access certain features of the Platform, you must register for an account.
4.1 User Obligations
You agree to:
4.1.1 Accurate Information
Provide accurate, current, and complete information during registration.
4.1.2 Information Updates
Maintain and promptly update your account information to keep it accurate, current, and complete.
4.1.3 Credential Security
Maintain the security and confidentiality of your login credentials.
4.1.4 Breach Notification
Notify us immediately of any unauthorized use of your account or any other breach of security.
4.1.5 Account Activity Responsibility
Accept responsibility for all activities that occur under your account.
4.2 Our Rights Regarding Accounts
We reserve the right to refuse registration, suspend, or terminate an account at our sole discretion for any reason or no reason, including but not limited to violation of these Terms.
4.3 Prohibited Account Practices
You may not create more than one account without our express written permission. You may not share your account with any third party.
5. Platform Functionality and Services
The Platform provides the following core functionalities:
5.1 Profile Creation
Brands and Creators may create profiles that include information about themselves, their business or content niche, past work, and other relevant details.
5.2 AI-Powered Matching
The Platform uses artificial intelligence algorithms to suggest potential matches between Brands and Creators based on brand values, audience demographics, content style, engagement metrics, and campaign goals. These matches are suggestions only. Users are not obligated to work with any suggested match.
5.3 Campaign Management
Brands may create Campaign Briefs and send them to selected Creators. Creators may accept or decline Campaigns. Once accepted, the Platform provides tools for communication, content submission, approval workflows, and milestone tracking.
5.4 Analytics and Performance Tracking
The Platform provides analytics dashboards for Brands to track Campaign performance metrics including reach, engagement, click-through rates, and conversions. For Creators who connect their Social Media Accounts, the Platform collects and displays audience demographics and content performance data.
5.5 Payment Processing
The Platform facilitates payments from Brands to Creators for completed Campaigns. Payment terms are governed by Section 10 of these Terms.
5.6 Social Media Account Connection
Creators may connect their Social Media Accounts to the Platform using OAuth authentication. By doing so, the Creator grants the Platform permission to access public profile information, engagement metrics, audience demographics, and content performance data from those accounts. The Platform never receives or stores the Creator’s social media passwords. Creators may disconnect their accounts at any time through their account settings.
6. User Conduct and Prohibited Activities
You agree to use the Platform only for lawful purposes and in accordance with these Terms.
6.1 General Prohibitions
You agree not to:
6.1.1 Violate Laws
Use the Platform in any way that violates any applicable law, regulation, or industry standard.
6.1.2 Impersonate Others
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
6.1.3 Post Objectionable Content
Post, upload, or transmit any Content that is defamatory, libelous, obscene, pornographic, abusive, offensive, profane, or otherwise objectionable.
6.1.4 Infringe Rights
Post, upload, or transmit any Content that infringes the intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party.
6.1.5 Harass Others
Use the Platform to harass, threaten, intimidate, or harm any other User.
6.1.6 Disrupt Operations
Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available.
6.1.7 Attempt Unauthorized Access
Attempt to gain unauthorized access to any portion of the Platform, other User accounts, or any related systems or networks.
6.1.8 Use Automated Tools
Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.
6.1.9 Harvest Data
Collect or harvest any information about other Users without their consent.
6.1.10 Damage the Platform
Engage in any activity that could damage, disable, overburden, or impair the Platform.
6.1.11 Transmit Malware
Use the Platform to transmit any viruses, worms, malware, or other destructive code.
6.1.12 Bypass Security
Attempt to bypass or circumvent any security measures on the Platform.
6.1.13 Unauthorized Commercial Use
Use the Platform for any commercial purpose not expressly permitted by these Terms.
6.2 Brand Specific Prohibitions
Brands specifically agree not to:
6.2.1 Circumvent Platform Fees
Contact Creators outside of the Platform to negotiate or pay for services that were initiated through the Platform to avoid payment of Platform fees.
6.2.2 Require Product Purchase
Request or require Creators to purchase products as a condition of being selected for a Campaign.
6.3 Creator Specific Prohibitions
Creators specifically agree not to:
6.3.1 Inflate Metrics Artificially
Use fake followers, engagement bots, or any other artificial means to inflate social media metrics.
6.3.2 Violate Social Media Terms
Submit Content that violates the terms of service of any social media platform on which it will be posted.
6.3.3 Accept Payment Without Delivery
Accept compensation from a Brand and fail to deliver the agreed Content.
7. Creator Social Media Account Connection and Data Access
7.1 Authorization to Connect Accounts
By connecting your Social Media Accounts to the Platform, you expressly authorize The Standard Arena to access, collect, store, and analyze data from those accounts, including but not limited to:
7.1.1 Profile Information
Your public profile information including username, profile picture, and bio.
7.1.2 Engagement Metrics
Your follower count and engagement metrics.
7.1.3 Audience Demographics
Your audience demographics including age, gender, and geographic location.
7.1.4 Content Performance
Your content performance data including reach, impressions, likes, comments, shares, and saves.
7.1.5 Posting Patterns
Your posting frequency and consistency.
This authorization remains in effect until you disconnect your Social Media Account from the Platform or close your account.
7.2 Revocation of Access
You may disconnect any Social Media Account from the Platform at any time through your account settings. Upon disconnection, we will cease collecting new data from that account. We may retain previously collected data as described in our Privacy Policy.
7.3 Creator Representations and Warranties
By connecting your Social Media Accounts, you represent and warrant that:
7.3.1 Legal Authority
You have the legal authority to grant the Platform access to those accounts.
7.3.2 Compliance with Platform Terms
You have complied with the terms of service of each social media platform.
7.3.3 No Conflicting Agreements
You are not violating any agreement with any third party by connecting your accounts.
7.3.4 Accuracy of Data
The data we access from your accounts is accurate and not artificially manipulated.
7.3.5 Third Party Consents
If your content features any third parties including bystanders or non-participating individuals, you have obtained all necessary consents required under applicable data protection laws.
7.4 Platform Reliance on Creator Data
Brands rely on the data collected from Creators’ connected Social Media Accounts to make informed decisions about partnerships. Creators acknowledge that providing inaccurate or artificially inflated metrics may result in termination of their account and legal liability.
8. Campaigns and Contracts Between Brands and Creators
8.1 Formation of Contract
When a Brand creates a Campaign Brief and sends it to one or more Creators, that action does not create a binding agreement.
A binding agreement between a Brand and a Creator is formed only when:
8.1.1 Offer
The Brand sends a Campaign offer to a specific Creator through the Platform.
8.1.2 Acceptance
The Creator accepts the offer through the Platform.
8.1.3 Terms Confirmation
The acceptance specifies the deliverables, timeline, and compensation as set forth in the Campaign Brief.
8.1.4 Timestamping
The Platform records and timestamps the acceptance.
Once a binding agreement is formed, these Terms, together with the specific Campaign Brief, constitute the entire agreement between the Brand and Creator for that Campaign.
8.2 No Third-Party Beneficiaries
These Terms and any Campaign agreement are for the benefit of the Brand and Creator only. No third party including the Platform shall have any rights under any Campaign agreement.
8.3 Platform is Not a Party to Campaign Agreements
The Standard Arena is not a party to any agreement between Brands and Creators. The Platform merely facilitates connections and provides tools for communication, management, and payment. We do not control and are not responsible for:
8.3.1 Content Quality
The quality, safety, legality, or timeliness of any Content.
8.3.2 Creator Accuracy
The accuracy of any Creator’s representations about their audience or engagement.
8.3.3 Brand Solvency
The ability of any Brand to pay for Campaigns.
8.3.4 Creator Delivery
The ability of any Creator to deliver Content as promised.
8.3.5 User Performance
The performance or non-performance of any Brand or Creator under any Campaign agreement.
8.4 Campaign Brief Requirements
Every Campaign Brief created by a Brand must include:
8.4.1 Deliverables Description
A clear description of the deliverables including number of posts, format, and required platforms.
8.4.2 Timeline
The timeline for delivery and posting.
8.4.3 Compensation
The compensation amount and payment terms.
8.4.4 Style Guidelines
Any specific style guidelines, hashtags, or disclosures required including ad or sponsored tags.
8.4.5 Rights and Usage
Whether the Brand has rights to repurpose the Creator’s Content for the Brand’s own marketing channels.
If the Campaign Brief is missing any of these elements, the Creator may request clarification before accepting. The Creator is not obligated to accept an incomplete or ambiguous Brief.
8.5 Creator Independence
Creators are independent contractors and not employees, agents, joint venturers, or partners of either the Brand or The Standard Arena. Creators control their own work schedules, methods, and creative processes. Nothing in these Terms creates an employment relationship. Creators are solely responsible for paying their own taxes, including any applicable income tax or value added tax on payments received through the Platform.
8.6 Dispute Resolution Between Brands and Creators
If a dispute arises between a Brand and a Creator regarding a Campaign, the parties agree to first attempt to resolve the dispute through good faith negotiations using the Platform’s messaging system.
If the dispute cannot be resolved within 14 days, either party may request mediation through the Platform. The cost of mediation shall be shared equally between the parties unless otherwise agreed.
If mediation is unsuccessful, the parties may pursue any legal remedies available to them, subject to the governing law and dispute resolution provisions of Section 20 of these Terms.
The Standard Arena may, at its sole discretion, suspend or terminate the accounts of Users who repeatedly engage in disputes or who fail to fulfill their Campaign obligations.
9. Content Ownership and Licenses
9.1 Creator Ownership of Original Content
Subject to the licenses granted below, the Creator retains ownership of all intellectual property rights in the Content they create for a Campaign.
9.2 License from Creator to Brand
Upon full payment of the agreed compensation, the Creator grants the Brand a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and modify the Content for the specific purposes set forth in the Campaign Brief.
If the Campaign Brief does not specify the scope of the license, the default license permits the Brand to:
9.2.1 Social Media Use
Post the Content on the Brand’s own social media channels.
9.2.2 Advertising Use
Use the Content in paid advertising.
9.2.3 Website and Marketing Use
Use the Content on the Brand’s website and marketing materials.
The default license does not permit the Brand to sublicense the Content to third parties or to sell the Content as a standalone product.
9.3 License from Creator to The Standard Arena
By submitting Content to the Platform or posting Content in connection with a Campaign, the Creator grants The Standard Arena a non-exclusive, worldwide, royalty-free, perpetual license to:
9.3.1 Platform Operations
Store, reproduce, and display the Content on the Platform for operational purposes.
9.3.2 Promotional Use
Use the Content for promotional purposes including featuring the Content in case studies, marketing materials, and social media posts about the Platform.
9.3.3 Analytics Use
Use anonymized data from the Content for analytics and improvement of the Platform.
9.4 License from Brand to The Standard Arena
By using the Platform, the Brand grants The Standard Arena a non-exclusive, worldwide, royalty-free license to use the Brand’s name, logo, and trademark for the purpose of identifying the Brand as a user of the Platform and for promotional purposes.
9.5 Creator Representations and Warranties
Each Creator represents and warrants that:
9.5.1 Sole Ownership
The Creator is the sole owner of all Content submitted to a Brand.
9.5.2 No Infringement
The Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.
9.5.3 Releases Obtained
The Creator has obtained all necessary releases and consents from any individuals appearing in the Content.
9.5.4 Social Media Compliance
The Content complies with the terms of service of each social media platform on which it will be posted.
9.6 Brand Representations and Warranties
Each Brand represents and warrants that:
9.6.1 Intellectual Property Rights
The Brand has the right to use any trademarks, logos, or other intellectual property provided to Creators.
9.6.2 Product Compliance
The Brand’s products or services comply with all applicable laws and regulations.
9.6.3 No Prohibited Requests
The Brand will not request that a Creator create any Content that violates these Terms or applicable law.
10. Payments and Fees
10.1 Payment to Creators
Brands agree to pay Creators the compensation specified in the Campaign Brief. Payment processing is handled through the Platform.
Creators may receive payment via the following methods as offered by the Platform from time to time:
10.1.1 Bank Transfer
10.1.2 M-PESA
10.1.3 PayPal
10.1.4 Other Methods
Other methods as announced.
Creators are responsible for providing accurate payment information. The Platform is not liable for payments sent to incorrect accounts due to inaccurate information provided by the Creator.
10.2 Payment Terms for Brands
Brands must fund the Campaign compensation amount before the Creator begins work, or must provide valid payment information authorizing automatic charge upon Campaign completion, as specified in the Campaign Brief.
Payment is released to the Creator upon:
10.2.1 Content Delivery
Successful delivery of the Content as specified in the Campaign Brief.
10.2.2 Brand Approval or Default
Brand approval of the Content, or five business days after submission if the Brand has not requested changes or rejected the Content.
If a Brand rejects Content, the Brand must provide specific feedback explaining why the Content does not meet the Campaign Brief requirements. The Creator shall have a reasonable opportunity to revise and resubmit the Content.
10.3 Platform Fees
The Standard Arena charges fees for the use of the Platform. Fee structures are as follows:
10.3.1 Brand Fees
For Brands: A service fee calculated as a percentage of each Campaign payment. The current fee percentage is displayed during Campaign creation and may be updated from time to time.
10.3.2 Creator Fees
For Creators: A service fee deducted from each Campaign payment received. The current fee percentage is displayed on the Creator dashboard and may be updated from time to time.
10.3.3 Non-Refundable Fees
All fees are non-refundable except as required by law or as otherwise stated in these Terms.
10.4 Refunds and Chargebacks
If a Brand disputes a payment and initiates a chargeback through their payment provider, the Platform may suspend the Brand’s account pending investigation.
Refunds to Brands are issued only in the following circumstances:
10.4.1 Non-Delivery
The Creator fails to deliver any Content after accepting a Campaign.
10.4.2 Substantial Non-Compliance
The Creator delivers Content that substantially fails to meet the Campaign Brief requirements despite being given a reasonable opportunity to revise.
10.4.3 Mutual Agreement
Both the Brand and Creator agree in writing that a refund is appropriate.
If a refund is issued, the Platform fees paid by both parties will not be refunded.
10.5 Taxes
Each User is solely responsible for determining and paying all taxes applicable to payments received or made through the Platform.
The Standard Arena does not withhold taxes on behalf of Users unless required to do so by applicable law. Creators located in Kenya may be responsible for declaring income earned through the Platform to the Kenya Revenue Authority.
11. Intellectual Property
11.1 Platform Ownership
The Platform and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are owned by The Standard Arena, its licensors, or other providers. They are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
11.2 Restrictions on Platform Content
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform except for your own personal, non-commercial use in connection with using the Platform as intended.
11.3 Trademarks
The name The Standard Arena, the logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Standard Arena. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
12. Prohibited Content and Campaigns
The following types of Content and Campaigns are strictly prohibited on the Platform:
12.1 Illegal Activities
Content that promotes or depicts illegal activities.
12.2 Hate Speech and Discrimination
Content that promotes hate speech, violence, discrimination, or harassment based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
12.3 Sexual Content
Content that is sexually explicit, pornographic, or contains nudity beyond what is appropriate for the social media platform’s terms of service.
12.4 Self-Harm and Violence
Content that promotes or depicts self-harm, suicide, eating disorders, or violence.
12.5 Weapons
Content related to firearms, weapons, or ammunition for sale.
12.6 Tobacco and Nicotine
Content related to tobacco, vaping, or nicotine products.
12.7 Illegal Drugs
Content related to illegal drugs or drug paraphernalia.
12.8 Adult Entertainment
Content related to adult entertainment or dating services unless explicitly approved in writing by the Platform.
12.9 False or Misleading Claims
Content that makes false or misleading claims about health, medical, or financial products.
12.10 Social Media Terms Violations
Content that violates the terms of service of any social media platform on which it will be posted.
12.11 Enforcement
The Standard Arena reserves the right to remove any Content or terminate any Campaign that violates these prohibitions, without notice and without liability. Users who repeatedly submit prohibited Content will have their accounts terminated.
13. Termination and Suspension
13.1 Termination by User
You may terminate your account at any time by following the account deletion process in your account settings or by contacting us. Termination of your account does not affect any rights or obligations that have already accrued, including obligations to complete any active Campaigns.
13.2 Termination by The Standard Arena
We may suspend or terminate your account and access to the Platform at our sole discretion, without prior notice or liability, for any reason including but not limited to:
13.2.1 Terms Violation
Violation of these Terms.
13.2.2 Non-Payment
Failure to pay any fees or compensation owed.
13.2.3 Fraudulent Conduct
Fraudulent, deceptive, or misleading conduct.
13.2.4 Legal Requirement
Request by law enforcement or government agency.
13.2.5 Platform Changes
Discontinuation or material modification of the Platform.
13.2.6 Technical or Security Issues
Unexpected technical or security issues.
13.2.7 Inactivity
Extended period of inactivity as defined in our inactive account policy.
13.3 Effect of Termination
Upon termination of your account:
13.3.1 Cessation of Access
Your right to use the Platform will cease immediately.
13.3.2 Campaign Cancellation
Any active Campaigns will be cancelled or transferred as determined by us.
13.3.3 Continuing Liability
You remain liable for all fees or compensation due for any work completed before termination.
13.3.4 Data Retention or Deletion
We may delete or retain your data as described in our Privacy Policy.
13.3.5 Survival of Obligations
Termination does not relieve either party of obligations incurred before termination.
13.3.6 Survival of Sections
Sections of these Terms that by their nature should survive termination including intellectual property, payment obligations, dispute resolution, and limitation of liability shall survive.
14. Disclaimer of Warranties
Your use of the Platform is at your sole risk. The Platform is provided on an as is and as available basis without warranties of any kind, either express or implied.
14.1 General Disclaimer
To the fullest extent permitted by law, The Standard Arena disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
14.2 No Warranties Regarding Operation
We do not warrant that:
14.2.1 Uninterrupted Service
The Platform will function uninterrupted, secure, or available at any particular time or location.
14.2.2 Error Correction
Any errors or defects will be corrected.
14.2.3 No Harmful Components
The Platform is free of viruses or other harmful components.
14.2.4 Meeting Requirements
The results of using the Platform will meet your requirements or expectations.
14.2.5 Suitable Partnerships
Any Creator or Brand is suitable for partnership.
14.2.6 Accurate Matching
Any AI-powered matching suggestions will be accurate or appropriate.
14.3 No Endorsement
We do not endorse, warrant, or guarantee any Creator, Brand, or Content. We are not responsible for the accuracy, reliability, or legality of any User Content.
14.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
15. Limitation of Liability
15.1 Exclusion of Consequential Damages
To the maximum extent permitted by applicable law, in no event shall The Standard Arena, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Platform, even if advised of the possibility of such damages.
15.2 Maximum Liability Cap
Our total liability to you for all claims arising out of or relating to these Terms or the Platform, whether in contract, tort, or otherwise, shall not exceed the greater of:
15.2.1 Fees Paid
The amount of fees paid by you to us in the twelve months preceding the claim.
15.2.2 Nominal Amount
Fifty US Dollars (USD $50.00).
15.3 Survival of Limitation
This limitation of liability applies to the fullest extent permitted by law and shall survive any limited remedy.
15.4 Jurisdictional Limitations
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
16. Indemnification
You agree to defend, indemnify, and hold harmless The Standard Arena, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses including reasonable attorney fees arising from:
16.1 Your Use of the Platform
Your use of the Platform.
16.2 Violation of Terms
Your violation of these Terms.
16.3 Violation of Third-Party Rights
Your violation of any third-party rights including intellectual property or privacy rights.
16.4 Claims from Your Content
Any claim that Content you submitted caused damage to a third party.
16.5 Disputes with Other Users
Any dispute between you and another User.
16.6 Violation of Laws
Your violation of any applicable law or regulation.
16.7 Tax Non-Payment
Your failure to pay any taxes owed.
16.8 Our Right to Assume Defense
We reserve the right 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.
17. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond that party’s reasonable control including but not limited to acts of God, natural disasters, war, terrorism, riot, labor conditions, governmental action, internet outages, power failures, or failure of third-party services including social media platform API changes or outages.
17.1 Notice Obligation
The affected party shall notify the other party as soon as reasonably practical.
17.2 Resumption of Performance
The affected party shall use reasonable efforts to resume performance as soon as possible.
18. Third-Party Services and Social Media Platforms
The Platform integrates with third-party services including social media platforms such as Instagram, TikTok, YouTube, Facebook, and payment processors. We do not control these third-party services. Your use of third-party services is subject to their respective terms of service and privacy policies.
18.1 No Responsibility for Third-Party Changes
We are not responsible for changes to any third-party service’s API or terms that affect the Platform’s functionality.
18.2 No Responsibility for Account Suspension
We are not responsible for suspension or termination of a Creator’s Social Media Account by the platform.
18.3 No Responsibility for Content Removal
We are not responsible for Content removed from social media platforms for violation of their policies.
18.4 No Responsibility for Third-Party Downtime
We are not responsible for any downtime or errors in third-party services.
18.5 Creator Compliance with Platform Terms
Creators are solely responsible for complying with the terms of service of each social media platform on which they post Content.
18.6 Brand Compliance with Advertising Policies
Brands are solely responsible for complying with social media platform advertising policies.
19. Modifications to These Terms
We reserve the right to modify these Terms at any time by posting the modified Terms on the Platform and updating the Effective Date.
19.1 Notice of Material Changes
If we make material changes to these Terms, we will notify you by:
19.1.1 Email Notification
Sending an email to the address associated with your account.
19.1.2 Platform Notice
Displaying a prominent notice on the Platform.
19.2 Acceptance of Modified Terms
Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms.
19.3 Right to Reject Changes
If you do not agree to the modified Terms, you must stop using the Platform and terminate your account.
20. Governing Law and Dispute Resolution
20.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
20.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through good faith negotiation between the parties.
20.2.1 Negotiation Period
If the dispute cannot be resolved within thirty days of one party providing written notice of the dispute, either party may submit the dispute to binding arbitration under the Arbitration Act of Kenya.
20.2.2 Arbitration Procedures
The arbitration shall be conducted in Nairobi, Kenya, in the English language, by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within fourteen days, either party may request the Chartered Institute of Arbitrators Kenya Branch to appoint an arbitrator.
20.2.3 Binding Effect
The arbitration award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.
20.3 Exceptions to Arbitration
Notwithstanding the arbitration provision, either party may:
20.3.1 Small Claims Court
Bring an individual action in small claims court for disputes within that court’s jurisdiction.
20.3.2 Injunctive Relief
Seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to the Platform.
20.4 Class Action Waiver
To the fullest extent permitted by law, you agree to resolve any dispute with us on an individual basis and waive the right to participate in any class action, class arbitration, or other representative proceeding.
21. General Provisions
21.1 Entire Agreement
These Terms, together with the Privacy Policy and any Campaign Briefs accepted through the Platform, constitute the entire agreement between you and The Standard Arena regarding the Platform and supersede all prior agreements and understandings.
21.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent possible and the remaining provisions shall continue in full force and effect.
21.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of that term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
21.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms without your consent to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets.
21.5 Notices
Notices to you may be sent to the email address associated with your account. Notices to us must be sent to:
The Standard Arena
Email: careers@thestandardarena.co.ke
Phone: +254 731 422 949
Postal Address: Nakuru, Kenya
21.6 Language
These Terms are written in English. Any translated version is provided for convenience only and the English version shall control in the event of any conflict.
24. Acknowledgment
By using The Standard Arena Platform, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. You also acknowledge that these Terms constitute a binding legal agreement between you and The Standard Arena.
