MarketingCrew Terms of Service

Welcome to MarketingCrew.

By registering for and using MarketingCrew Application and Website, you certify that (1) you are at least 18 years old; (2) you have the authority to enter into these terms of service (the “Terms”) and bind yourself or the company you represent; (3) you agree to be bound by all terms and conditions set forth in said Terms and all applicable policies, procedures and guidelines.

For purposes of these Terms, (a) “we”, “us” or “our” means MarketingCrew Company, headquartered in Seoul, the Republic of Korea, (b) “Website” means Marketing Crew website located at www.mcrew.asia, and any successor website thereto, including all services provided by us to you through the service platform on the Website, (c) “App” means the MarketingCrew mobile application (d) “Services” means any service that you request or purchase on or through the Website, the App, or a Project Statement of Work , (e) “Affiliates” means any entity controlled by, in control of, or under common control with MarketingCrew Company, (f) “Client” means you, if you use the Website or contact us with any other medium to request that MarketingCrew Company and/or MarketingCrew (as defined below) perform Services, (g) “MarketingCrew” means you, if you use the App or Website to perform Services for Client, and any successor or replacement websites.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Website or the App, these Terms will govern.


These Terms consists of the terms and conditions set forth in this document together with all applicable policies, procedures and/or guidelines that appear on the Website and the App from time to time (collectively, the "Policies" which are hereby incorporated by this reference into, and made part of, these Terms).

MarketingCrew Company reserves the right to change any of the terms and conditions contained in these Terms and/or any Policies governing the Website and the App, at any time, at its sole discretion. Any changes will be effective upon posting of the Terms or Policies on the Website and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of these Terms and the Policies.

Your continued use of the Website and or the App following our posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms (including to any of the policies incorporated herein), do not continue to use the Website or the App.  

 

1. Registration 

  1. Registration: When you register with the Website or the App, you will be asked to provide us with, at a minimum, your (nick)name, your phone number and a valid email address. You have an option to  provide  your socila media account and city information. You may also be asked to provide demographic information and certain tax information upon request. You agree to provide us with true and accurate information, and to update that information to the extent it changes in any way. When registering or updatng your information, you will not impersonate any person or use a name that you are not legally authorized to use. MarketingCrew Accounts used in conjunction with the Website and the App are governed by the MarketingCrew Privacy Policy.
  2. Passwords and Account Use: You are solely responsible for maintaining the secrecy and security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on the Website and the App. If your password is compromised, you must change your password.

2. MarketingCrew Company’s Role
MrketigngCrew Company provides two roles. The first role provides consulting for the global marketing of the Client who requests a project (“Project”) and as the result of the consulting, creates content (“Project Content”) to be shown to MarketingCrews on the App and the Website. The second role provides a venue for third-party Clients and third-party MarketingCrews to enter into and complete transactions. MarketingCrew Company and its Affiliates act strictly as a liaison between Clients and MarketingCrews. As a result, we have no control over the quality, safety or legality of the Services, the ability of MarketingCrews to provide the Services to Clients' satisfaction, or the ability of Clients to pay for Services. We are not responsible for the actions of any Client or MarketingCrew. We do not conduct any screening or other verification with respect to Clients or MarketingCrews, nor do we provide any recommendations. As a Client or a MarketingCrew, you use the Website and the App at your own risk.


3.Your use of the Website and the App – Clients in general

  1. Requesting Services: To request the use of MarketingCrew Company’s Product and Services (the “Project”), Client must complete and submit a Project Statement of Work, which shall provide a description of the Services requested, terms of the specific use of the Services and the payment that will be provided for such rendered Services. Upon entering into the Project Statement of Work, Client agrees to be bound by these Terms and the Policies. As a Client, you will be charged a fee for your use of the Services as outlined in the Project Statement of Work . All fees are in U.S. dollars unless stated otherwise. The fees may vary in the future. You agree to pay the amounts set forth in the Project Statement of Work on the terms set forth herein and therein, and to check the fees and terms each time you use the Services, Website and App. 

  2. Ownership: Client expressly agrees and acknowledges that MarketingCrew Company retains all right, title and interest in and to the Product, technologies, source codes, platforms, work processes, and intellectual property associated with any and all projects initiated by Client, and that any rights, title and interest not expressly granted herein shall be retained by MarketingCrew Company. Upon the submission of a Project Statement of Work , MarketingCrew Company grants to Client a personal, non-exclusive, non-sublicensable and non-transferable license for Client to access and use the Product in accordance with these Terms, Project Statement of Work and Policies. Further, upon submission of a Project Statement of Work , MarketingCrew Company grants to Client an irrevocable, perpetual, royalty-free, fully paid, transferable and sublicensable right and license to reproduce, distribute and use the submitted ideas, images, responses, information, feedback, other content and materials (the “Materials”) uploaded pursuant to the provision of Services for Client’s personal or business use subject to Section 3. (c).

  3. Limitations on Requested Services: Except as otherwise provided herein, Client agrees that it will not copy, modify, translate, create derivative works based on, disassemble, reverse engineer or otherwise attempt to discover the source code, object code, underlying structure or algorithms of the Product. Further, Client agrees that it shall not remove any trademark or copyright notice in the Product. You will not (1) make any Service or the Product available to, or use any Service or the Product for the benefit of, anyone other than you, (2) sell, resell, license, sublicense, distribute, rent or lease any Service or the Product, or include any Service or the Product in a service bureau or outsourcing offer, (3) use the Product to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (4) interfere with or disrupt the integrity or performance of the Product or third-party data contained therein, (5) attempt to gain unauthorized access to any Service or the Product or its related systems or networks, (6) permit direct or indirect access to or use of any Service or the Product in a way that circumvents a contractual usage limit, and (7) copy the Product or any part, feature, function or user interface thereof. As a Client, you may not request, purchase, or offer to purchase any Service that violates applicable law or is prohibited by the Policies. Notwithstanding any provision of these Terms, MarketingCrew Company will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Product, Website and App (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Product, Website or App and/or any page thereof and any element, aspect, portion or feature thereof, from time to time). You agree that with your purchase of our Services, you will only request and accept Services from MarketingCrews that have been submitted through the Website and the App, during the duration of your project period.

  4. Approving and Rejecting Services: Client will be notified by email, sent to the email address tied to the client account upon the completion of the requested Services. If the client chooses to opt out this notification, it will be the client’s responsibility to monitor the time of completion. At such time, the Client will have three (3) business days, from the date of receipt of said notification, to reject the performed Services based upon the specifications set forth in the Project Statement of Work. A notice of rejection, with sufficient detail describing the nonconformity with the Project Statement of Work, shall be provided to MarketingCrew Company by email as posted on the Website or in the Project Statement of Work. In the absence of the receipt of a timely rejection notice, said completed Services will be deemed approved and completed to the Client’s satisfaction, and you agree that Services are approved and you are not entitled to any refund of your payment for such Services.

    Clients should not reject the performed Services by MarketingCrews based on Client’s evaluation of their quality. MarketingCrew Company reviews the ideas submitted by MarketingCrews and evaluate those based on whether the ideas answer the positioning issue of the Clients’ products and services.

  5. Rewards: The basic user reward amount is 1.5 U.S. dollars per each participant user.  This amount can be increased by the additional funding by Client, but cannot be decreased. Client must be aware and agree that all participated MarketingCrews whose idea passed MarketingCrew Company’s review receive this 1.5 U.S. dollar of rewards. The most-liked user idea during the project period is selected as the winner and receives 20 U.S. dollars instead of 1.5 U.S. dollards. Also, in-depth report submitters receive 20 U.S. dollars instead of 1.5 U.S. dollards. 

    Detailed review and reward payment may be proceeded by the criteria pursuant to Section 4. (b) .

  6. Project Completion: Either when the pre-agreed project period described in the Project Statement of Work ends, or when the total number of Project-requested ideas is fully collected, the Project completes.

  7. Payment of Services: Client may divide the fee (1) for Consulting, Project Creation, and Project Content Creation AND (2) for Collecting Ideas, Reviewing Collected Ideas, Contacting in-depth report provider users and Communicating with them on behalf of Client, Managing Reward Payment. The (2) fee also includes the Client’s use of MarketingCrew Website to review and select ideas. As Client, you agree that before starting the Project and getting the Services, you remit the whole payment or the payment divided by two times of fees as described in the above before getting each Service. Payment will be remitted to the MarketingCrew Company and MarketingCrews. The Project fee includes the payment for the consulting services and content creation offered by MarketingCrew Company and the Affiliates, rewards amount for each MarketingCrew participant of the related project. After you have approved the applicable Services, you are not entitled to any refund of your payment for such Services. If a Client is not reasonably satisfied with the Services, the Client may reject the Services. As a Client, you will be charged a fee for your use of MarketingCrew Company and MarketingCrew in connection with each request for Services. Please review the applicable MarketingCrew Fees contained in the Project Statement of Work for all applicable fees associated with your use of our Services and Websites pursuant to these Terms. All fees are in U.S. dollars unless stated otherwise. The MarketingCrew Fees may vary in the future. You acknowledge that MarketingCrews are agreeing to perform Services for you as independent contractors and not employees. If you have any questions about your obligations to comply with local laws and regulations pursuant to Section 17, you should seek independent legal advice. Further, you agree that you will only accept work product from MarketingCrew that has been submitted through the Website and App.

4. Your use of the Website and the App MarketingCrews in general

  1. Registering as MarketingCrew: You may only register once as a MarketingCrew with us. You may only access your MarketingCrew account from one device at any given time. To perform as a MarketingCrew who may provide insight on the positioning in your local market, you should reside in one of the six countries that our Services target: Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam. When you initially register with the App, you are requested to verify your phone number. In this process, if your country calling number does not match with one of the above countries’, you may not be able to register with us. After the successful registration, we may regularly track your location to make sure that you are inside our Services target countries. When you go outside of target countries, you may not get/see the newly uploaded projects during your stay outside target countries. When you get back to the target countries, you will get back to performing as a MarketingCrew. If you stay outside target countries for quite a long time, you should remember that our app closes the account that was not activated for two years without paying remaining balance. MarketingCrew is an iOS app. If you change your phone to android phone, you cannot use our App further. It is MarketingCrew user’s responsibility to redeem available balance before changing the phone or in any other situation not to use our App further. If you do not take any action, your account will get hold, eventually will get closed.

  2. MarketingCrews Role: As a MarketingCrew, the Client for whom you provide Services is your Client, and as such, you agree that the work product of any Services you perform is deemed a "work made for hire" for the benefit of the Client, and all ownership rights, including worldwide intellectual property rights, will vest with the Client immediately upon your performance of the Service. This applies to all app user-generated content. Client utilizes ALL ideas and other content, not only one winner-generated content. To the extent any such rights do not vest in Client under applicable law, you hereby assign or exclusively grant (without the right to any compensation) all right, title and interest, including all intellectual property rights, to such work product to the Client. As a MarketingCrew you are performing Services for a Client in your personal capacity and not as an employee of the Client or of MarketingCrew Company. You specifically acknowledge and agree to the following: (i) you will not use robots, scripts or other automated methods to complete the Services; (ii) you will submit all work product through the App only, and not directly to a Client, or to MarketingCrew Company; (iii) you will provide Clients for whom you perform Services with any information reasonably requested by them in connection with your performance of such Services; (iv) you are responsible for, and will, comply with all applicable laws and registration requirements (v) these Terms do not create an association, joint venture, partnership, employer/employee relationship between MarketingCrews and Clients, or MarketingCrews and MarketingCrews Company; (vi) you will not represent yourself as an employee of a Client or MarketingCrew Company; (vii) you will not be entitled to any of the benefits that a Client or MarketingCrew Company may make available to its employees. If you have any questions about your obligations to comply with local laws and regulations pursuant to Section 17, you should seek independent legal advice.

    The business model of MarketigCrew Company depends on a very limited number of local users in the six target countries. MarketingCrews’ performance impacts on the clients’ future businesses as well as on the reputation and performance of MarketingCrew Company. 

    If MarketingCrews’ performance or attitude harms any of these (“Unqualified” user), we may request the person to leave us and delete the account. The reward compensation and payout for Unqualified users will be processed in accordance with section 6 of these Terms.


    English is the one and only language to be used between MarketingCrew Company, Client and MarketingCrews, and all payment is paid only in U.S. dollars. 

    MarketingCrews can participate in each Project once.

    All submitted ideas are reviewed to check out the qualification. MarketingCrew’s business model was created to help the business of Clients. If the idea is not qualified to contribute to the client’s business, including but not limited to the cases such as the idea was written in non-English language, the idea does not have meaning, or it does not answer the given question, or it is not related with the positioning of the project, or its main idea is negative feedback, (as all are described in Section 4.(c)) it may be evaluated as a “failure," may be deleted not to be shown in our App and on the Website, may not get a reward, and may not get nominated as the related project’s winner candidates. 

    MarketingCrews are not allowed to file a complaint or object to the result of evaluation for a specific project, nor would MarketingCrew Company answer any request for clarification. But, if a certain MarketingCrew gets continuous failure evaluation, she/he is recommended to contact MarketingCrew Company by email to get the explanation.   

  3. Qualification of submitted idea: MarketingCrew may perform Services for any Client in accordance with the specifications submitted by the Client. On behalf of Client, MarketingCrew Company review each idea and image that was submitted by MarketingCrew and determines its qualification for getting a reward. This review and decision is made based on the below criteria. 

    All submitted ideas would be rewarded except it belongs to at least one of the below cases:  

    (i) the idea does not make any sense or meaning
    (ii) the idea is not related with the Project
    (iii) the idea is not related with the positioning 

    (iv) the idea was not written in English 
    (v) the idea is a negative opinion/feedback on the Project product/service, which does not help Client’s positioning 
    (vi) the idea is the copied one of other MarketingCrew’s

    If the submitted ideas meet at least one of the above criteria, MarketingCrew Company may reject those ideas on behalf of the Client and may not pay the reward.


    Client should respect and accept the decision made by MarketingCrew Company based on the above criteria. If Client needs to object to the qualification of any passed idea, the Client should submit a written explanation of the reason to object. 

  4.  Information and idea sharing: You acknowledge that the Website and the App designed to share select sites (URLs) and other information. In some cases, sharing is explicitly invoked by you (e.g , when you click the Share button). You also acknowledge and agree that you purchase information is shared between MarketingCrew Company’s Clients, Partners, and MarketingCrew Company for the purpose of improving the Services. MarketingCrew Company also gathers data around the usage of its mobile apps including but not limited to geo-location. To the extent permitted by law, MarketingCrew Company reserves the right to use any data collected, explicitly or implicitly, in any form or fashion that we decide.  

  5. Website Guest Users: Website Guest Users who login into MarketingCrew Website with their Facebook account or Linkedin Account are not MarketingCrews but can add their comments on the Website to express their opinion. But their activities are not related with us, they do not get rewards for their activities, and we can delete their accounts and/or their comments if those are not appropriate with our business and platform. 

5. Content

  1. Content: There are two types of content at our business. The first one is “MarketingCrew Company-generated content.” It is content that MarketingCrew Company creates and makes available in connection with the Services including, but not limited to, content for each Project, visual interfaces, interactive features, graphics, design, compilation, compute code, software, reports and other usage-related data in with activities associated with your account and all other elements and components of the Services excluding your content and third party content. Specifically, “Project Content” is the content that is created by us as a business introduction including the suggested global positioning strategy for Client. The second one is “User Content.” It is the content that MarketingCrews submit, upload, share or transmit to, through or in connection with the Services, such as ideas, images, photos, drawings, likes (upvotes), and any other materials and information that MarketingCrews generate and publicly display.

  2. Ideas and Comments: MarketingCrews submit their ideas on each Project (“Ideas”) through the App. And each Project offers a space where Client and MarketingCrews discuss about the Project (“Comments”) on the App and Website. Clients can use the App only if they are qualified App users who reside in the Services Target countries. Otherwise, Clients use the Website to communicate with MarketingCrews. The Ideas and Comments do not reflect the opinion of MarketingCrew Company. It is pertinent to state that each and every Idea and Comment submitted and posted in the App and on the Website is the personal opinion of MarketingCrews.

    Submitted ideas by each MarketingCrew and all comments made by MarketingCrews or Website Guest Users are displayed in the App and publicly on the Website. If Client believes that any particular comment violates MarketingCrew’s Policy, it can flag the comment to our attention. We may remove the comment at our sole discretion if the comment is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.

  3. Prohibited Content: MarketingCrews undertake not to submit or post on the Website and in the App illicit content, of any kind or any nature:
    - which is an infringement of an intellectual property right, an unfair competition/passing off;
    - which constitutes justification of crimes against humanity or war crimes, justification of other crimes, offences or fines, a denial of the existence of crimes against humanity or known acts of genocide; a violation of human dignity;
    - which encourages to commit fines, offences or crimes of any kind whatsoever including terrorist acts;
    - which is violent or pornographic, pedophilic or likely to violate a minor’s right’
    - which is a breach of public order or decency;
    - which is defamatory, libelous, or insulting of or to any individual or legal entity;
    - which is an invasion of privacy or which breaches privacy or any right of publicity;
    - which threatens a person or people;
    - which breaches confidentiality of private correspondence;
    - and/or which breaches or is contrary to applicable laws and regulations.

    When MarketingCrews submit or post their Content on the Website and in the App, they warrant that those are not prohibited content.

  4. Rules of Good Behavior: MarketingCrews undertakes to act with courtesy towards other MarketingCrews and their Content. Thus MarketingCrews abstains from denigration and from publishing message or comments that constitute pornographic, racist, pedophile content or messages that are likely to violate a minor’s rights; abusive, defamatory, libelous, violating the rules of courtesy, and more generally message with beach or are contrary to applicable laws and regulations.

    And, MarketingCrews undertakes not to submit or to post Content and messages not related with MarketingCrew projects; not requested or unauthorized promotional messages; to harass other MarketingCrews; to give information linking towards other sites whose contents would be likely to contravene any law and regulation in force, and in particular would be likely to violate people’s rights and to endanger the intellectual property rights; to upload messages which are likely to harm MarketingCrew Company or a Client or likely to damage MarketingCrew Company’s or a Client’s image or reputation; to communicate or to propagate rumors; to use the Services for promotional purposes and generally to offer products and services against remuneration in a direct or indirect way.

    User Nicknames must abide by rules of good behavior. Erotic, pornographic, racist, violent nicknames are prohibited as well as nicknames which copy a commercial brand, a famous brand. 

  5. Listing and Promotions Generally: As a Client or MarketingCrew, you may not sell, offer for sale, request, purchase, or provide any Service that violates law or is prohibited by the Policies. Notwithstanding any provision of these Terms, MarketingCrew Company will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Website and App (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Website, App, and any page thereof and any element, aspect, portion or feature thereof, from time to time)

  6. Intellectual Property: MarketingCrews grant MarketingCrew Company and its affiliates, the non-exclusive right to use, reproduce, print, represent, broadcast, display, communicate, transmit, and modify the Content in whole or in part, reasonably required for the following uses: broadcasting on the Internet and mobile phone networks in order to provide the Services, which includes the Website edited by MarketingCrew Company, on social media websites, on Video sharing websites; uses in all media and all formats for the promotion, advertisement and presentation of MarketingCrew Company’s activities, as well as for internal and external communication, press releases, sales documentation, public relations, direct or indirect marketing, and corporate communications; user (internal use and communication to third parties) of the submitted or posted Content for market research activities, research and development which include, but are not limited to, the analysis of the submitted or posted Content, the analysis of ideas and concepts embodied in the submitted or posted Content, the generation of insights, establishing and/or using consumer panels to assess reactions to the submitted or posted Content and to ideas and concepts embodied in the submitted or posted Content, with no number limitation, the right to print on documentation used internally and externally for the analysis of the submitted or posted Content. This license is granted for free and on a worldwide basis. It takes effect when the Content are submitted or posted on the Website and the App and for the legal duration of protection of the intellectual property rights upon the submitted or posted Content.

  7. License to User Content: You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to MarketingCrew Company that you grant herein. MarketingCrew Company claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Website and the App, you grant MarketingCrew Company and the related project’s Clients, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By submitting, sharing and posting User Content, you hereby release MarketingCrew Company and its affiliates and related project’s Client from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

  8. Information and Feedback: MarketingCrews must supply accurate and complete information for all Services in accordance with our data requirements, as may be designated by us from time to time, including in the Policies. You recognize and agree that MarketingCrew Company will implement mechanisms allowing us and others to track your requests for, or your performance of Services and rate your performance as a MarketingCrew, and we reserve the right to collect feedback regarding your performance and to post such feedback on the Website or the App. You may not take any actions that may undermine the integrity of the feedback system. You agree that submission of any idea, information, feedback, content, data or other materials (collectively, "Materials") is at your own risk, and that none of MarketingCrew Company, its Affiliates, Clients or other MarketingCrews has any obligations (including but without limitation obligations of confidentiality) with respect to such Materials. You represent and warrant that you have all rights necessary to submit the Materials. You hereby grant to MarketingCrew Company and its Affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Materials, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and the App.

  9. Customer Service: MarketingCrew Company will be responsible for and will have sole discretion regarding all customer service issues relating to use of the Website, App and their features.

  10. Disputes between Clients and MarketingCrews: Your use of the Website and App is at your own risk. Because MarketingCrew Company performs strictly as a liaison between Clients and MarketingCrews or other participant dealings, you hereby release MarketingCrew Company and its affiliates (and their respective employees, directors, agents, and representatives) from any and all claims, demands, and damages (actual, consequential and otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between one or more Clients, agents, or other users of the Website and the App.

6. Payment for Services

  1. Upon Submission of Project Request: Payment for the performance of requested Services and use of the Product, and MarketingCrews rewards  associated with the requested Project, must be made to MarketingCrew Company at the time of said request as outlined and set forth on the Project Statement of Work at such time that the Project Statement of Work is submitted. These payments should be made via bank account or as otherwise provided in your Project Statement of Work before MarketingCrew Company starts the project Services. By accepting these Terms and submitting requests for Services pursuant to a Project Statement of Work, as a Client, you hereby authorize us to initiate debit or credit entries to your bank account in accordance with these Terms or as otherwise provided in the Project Statement of Work. These terms may be altered in our Project Statement of Work, in that case the terms outlined in the Project Statement of Work will replace any terms outlined here.

  2. Disbursement of Funds to MarketingCrews: When MarketingCrews register with the App they are automatically registered with MarketingCrew Company. A payment account ("Payment Account") will automatically be established in conjunction with their registration. MarketingCrews may disburse funds from their Payment Account to PayPal. When doing so, MarketingCrews may be required to provide us with valid information about their PayPal account. Funds are paid in U.S. dollars and only be disbursed in compliance with applicable laws and regulations. A MarketingCrew can disburse funds from when the person has accumulated at least 10.0 U.S dollars in the person’s Payment Account. PayPal charges a certain amount of fees per transaction and fee for cross-border transaction, and fee for currency conversion. The fees vary by country and by the transaction time by PayPal Policy. MarketingCrews who request the rewards payment should check their country’s PayPal Policy and pay all of those fees in their side whenever they request and make transactions. MarketingCrew Company is under no obligation to disburse funds from a MarketingCrew’s Payment Account more than two years after the original transaction date, if no request for such disbursement exists. We reserve the right to cancel your Payment Account for any reason.

  3. Authorizations for PayPal Account: You – MarketingCrew - hereby authorize MarketingCrew Company and its Affiliates, and any third party service Agents or agents acting on their behalf, to debit or credit your PayPal Account as applicable, (i) to transfer, disburse or process other payment transactions associated with the Services; and (ii) to settle payment for any fees that may be charged under these Terms. In the event there is an error in the processing of any transaction described above, you authorize us to initiate debit or credit entries to your PayPal Account or your Payment Account, as applicable, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations, and to make any inquiries we consider necessary to validate the error, which may include ordering a credit report, performing credit checks, or verifying the information you provide against third party databases.

  4. Restrictions and Limitations: We reserve the right to terminate or suspend any Payment Account, or to delay the availability of any Prepaid Projects, transfer or disbursement of any amounts, in each case for any reason in our sole discretion, including, without limitation, if we believe that a Client or MarketingCrew is in violation of these Terms. Other than a credit to a MarketingCrew's Payment Account for Services rendered by such MarketingCrew, amounts held in Payment Accounts cannot be transferred to other Clients or Agents.

  5. Our Liability: In the payment process, we (and our Affiliates) only act to facilitate the transactions between Clients and MarketingCrews, and are not otherwise involved in the actual transactions. We will only be responsible for initiating purchases of Prepaid Projects and the transfers or disbursements at the direction of Clients and MarketingCrews. We will be entitled to rely on the instructions of Clients and MarketingCrews without any further inquiry or liability whatsoever. We will not be liable if we are not able to complete a transaction for any reason, including, but not limited to, (i) if any system or equipment was not working properly and you knew or had been advised about the breakdown before you initiated the transaction; (ii) If you do not have enough available funds in your Payment Account to complete the applicable transaction (iii) If circumstances beyond our control (such as, but not limited to, power outages, fire, flood, mechanical or systems failure) prevent the proper execution of the transaction, despite reasonable precautions we have taken; (iv) If your transaction is intercepted by legal process or other encumbrances restricting transfer, or your participation in the Website or the App has been terminated or suspended for security purposes; (v) If we are unable to confirm your identity or have reason to believe that the transfer requested is unauthorized; (vi) If you have not provided us with correct, current and complete payment information.

  6. Statements and Account Balances: All purchase of any Prepaid Projects, making payments to a MarketingCrew or other payment transaction occurring with respect to a Payment Account will be reflected on the Website or the App. Interest will not be paid on Prepaid Projects or any amounts held in Payment Accounts.

  7. Transaction Errors: If you believe that any payment transaction initiated by us (or our agent) is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible.

  8. MarketingCrews’ account balance to redeem payment: MarketingCrews can request the payment only when the balance amount reaches at least U.S. 10 dollars. And the payment is made by the unit of 10, 20, 50, 100 U.S. dollars. When MarketingCrew quits using our Product and Services and requests the payout of the remaining balance, the account balance should be more than 10 U.S. dollars, and also will be paid by the unit of 10, 20, 50, 100 U.S. dollars. If the balance is less than 10 U.S. dollars, the payout cannot be requested.

7. Writing Guidelines

MarketingCrews represent that they have read, understood and agreed to our Writing Guidelines in the App related to their idea and image submission per Project.

8. Restrictions on use 

Without limiting the generality of these Terms, in using the Services, you specifically agree not to submit, post or transmit any content (including ideas and comments) or engage in any activity that, in our sole discretion:

(i) Violates our Guidelines and Policies;
Is harmful, threatening, abusive, harassing, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;

(ii) Constitutes an inauthentic or knowingly erroneous idea or image, or submits ideas/images, or posts comments not related with the Clients’ Projects;   

(iii) Accuses others of illegal activity, or describes physical confrontations;

(iv) Attempts to impersonate another person or entity;

(v) Disguises or attempts to disguise the origin of your Content, including but not limited to by: (i) submitting your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which your Content is submitted;

(vi) Contains material that is not in English

(vii) Accesses or uses the account of another user without permission;

(viii) Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

(ix) Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

(x) “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;

(xi) Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;

(xii) Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

(xiii) Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;

(xiv) Collects, accesses, or stores personal information about other users of the Services;

(xv) Is submitted or posted by a bot;

(xvi) Harms minor in any way;

(xvii) Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercializes any rights to the Services or Our Content; or

(xviii) Attempts to do any of the foregoing.

You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

You hereby agree and assure MarketingCrew Company that the Product, Website, App, Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable law(s)and regulation(s). You shall not upload post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation.

Any Content uploaded by you, shall be subject to relevant laws of the Republic of Korea and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these Terms, or our privacy policy, MarketingCrew Company shall have the right to immediately block your access and usage of the Website and the App and MarketingCrew Company shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.


9. Compliance with Laws

  1. Taxes: You agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any request for, or performance of Services, or your use of the Website or the App, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives ("Taxes") and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. You agree to provide MarketingCrew Company and its Affiliates with certain tax information upon request. YOU ALSO AGREE THAT MARKETINGCREW COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.

  2. Registrations: You agree that it is your responsibility to determine whether and to what extent any permits, registrations, authorization or filings (including without limitation with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which you have requested or are performing Services ("Permits"). YOU ALSO AGREE THAT MARKETINGCREW COMPANY AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER ANY SUCH PERMITS APPLY TO ANY TRANSACTION.

  3. Compliance with Laws: The Website and App may be used only for lawful purposes and in a lawful manner. You may not use the Website and App in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Taxes and Permits above, you agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform Services.

  4. Investigation: MarketingCrew Company has the right, but not the obligation, to monitor any activity, content and Materials associated with the Website and App. MarketingCrew Company may investigate any reported violation of its Policies or complaints and take any action that it deems appropriate. 

10. Disclosure of Information; Confidentiality; Privacy

  1. Our Use of Data and Communications: Our Privacy Notice and these Terms describe our collection, use, and disclosure of information associated with the Website and App, including how we handle personal information. In addition to the disclosures described in our Privacy Policy, we may disclose to MarketingCrew Company Affiliates your name, address, and data on Projects you have completed for tax purposes. You hereby consent to disclosure of data as described in our Privacy Policy.
  2. Your Use of Data and Communications: You may use information or other data acquired from your use of the Website and/ or App solely to the extent necessary for you to use the Website and/or App and for no other purpose, including but not limited to, for purposes of solicitation, advertising, marketing, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.
  3. Press Releases and Public Disclosures: You may generally publicize your use of the Website or the App, however you may not issue any press release with respect to MarketingCrew Company, the App or the Website, without MarketingCrew Company's prior express written consent.

11. No Warranties
THE WEBSITE AND THE APP, THE PAYMENT SERVICE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARKETINGCREW COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  1. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
  2. THAT THE WEBSITE AND APP, THE PAYMENT SERVICE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY;
  3. THAT THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE AND APP WILL BE AS REPRESENTED BY CLIENTS OR MARKETINGCREWS, THAT THE SERVICES ARE LAWFUL, OR THAT CLIENTS OR MARKETINGCREWS WILL PERFORM AS PROMISED; OR

ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.


12. General Release
BECAUSE MARKETINGCREW COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN CLIENTS AND MARKETIGNCREWS OR OTHER PARTICIPANT DEALINGS, YOU HEREBY RELEASE MARKETIGNCREW COMPANY AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL AND OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN ONE OR MORE CLIENTS, MARKETINGCREWS, OR OTHER USERS OF THE WEBSITE/App.



13. Indemnity; Limitation of Liability

  1.  Indemnity and Defense: You will indemnify and hold harmless MarketingCrew Company and its Affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity ("Claim") that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (ii) your Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Website/App.

  2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARKETINGCREW COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE APP, THE PAYMENT SERVICE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE/APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARKETINGCREW COMPANY'S OR ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY MARKETINGCREW COMPANY IN CONNECTION WITH YOUR REQUEST FOR, OR YOUR PERFORMANCE OF, SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.


14. Termination
You may at any time elect to stop using the Website and App, provided that in discontinuing any Website or App activities, you must use MarketingCrew Company's standard functionality and further must abide by all applicable MarketingCrew Company Policies, Procedures and Guidelines. MarketingCrew Company, in its sole discretion, may terminate these Terms, suspend access to the App and Website, or remove any Service listings immediately without notice for any reason.


15. General Provisions

  1. Entire Terms: These Terms and the general terms and conditions of the Website and App, including the Policies, constitute the entire Terms of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
  2. Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms at any time, without notice. Subject to the foregoing, these Terms will be binding on each party's successors and permitted assigns.
  3. Severability: If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  4. No Waiver: We will not be considered to have waived any of our rights or remedies, or portion thereof, unless the waiver is in writing and signed by us. MarketingCrew Company's failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of MarketingCrew Company's right to subsequently enforce such provision or any other provisions of these Terms.
  5. Notices: All notices relating to these Terms (including the Payment Service) will be sent by e-mail or will be posted on the Website. We will send notices to you at the e-mail address maintained in our records for you. You must send notices to us at our current e-mail address published on the Website. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient.
  6. Force Majeure: Neither party shall be liable for any failure or delay in performance hereunder to the extent such failure or delay is caused by factors beyond its reasonable control, such as acts of God, acts of a public enemy, fire, storm, civil disturbance, sabotage, accident, embargo, labor disputes, etc. Each party shall use its reasonable best efforts to minimize the duration and adverse consequences caused by any such force majeure event.
  7. Conflict: To the extent the terms of these Terms and the Project Statement of Work conflict, the Project Statement of Work shall control.


16. Applicable Law; Arbitration
The Website and App are arranged, sponsored, and managed by MarketingCrew Company in the Republic of Korea. The laws of the Republic of Korea govern these Terms and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in the Republic of Korea, except that, to the extent you have in any manner violated or threatened to violate MarketingCrew Company's intellectual property rights, MarketingCrew Company may seek injunctive or other appropriate relief in any other country’s court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the Korean Commercial Arbitration Board. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

17. Compliance with Laws

  1. Registrations: You agree that it is your responsibility to determine whether and to what extent any permits, registrations, authorization or filings (including without limitation with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which you have requested or are performing Services ("Permits"). YOU ALSO AGREE THAT MARKETINGCREW COMPANY AND ITS AFFILIATES ARE NOT OBLIGATED TO DETERMINE WHETHER ANY SUCH PERMITS APPLY TO ANY TRANSACTION.
  2. Compliance with Laws: The Website and App may be used only for lawful purposes and in a lawful manner. You may not use the Website and App in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Taxes and Permits above, you agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform Services.
  3. Investigation: MarketingCrew Company has the right, but not the obligation, to monitor any activity, content and Materials associated with the Website and App. MarketingCrew Company may investigate any reported violation of its Policies or complaints and take any action that it deems appropriate.