Creator Terms of Use

Last Updated: March 18, 2025


These Creator Terms of Use ("Terms") are entered into between Headout Inc. (“Headout”) and Creator(“You”), and govern the use of the Creator Portal as described below. These Terms shall enter into force upon registration in the Creator Portal. By registering on the Creator Portal, You agree to comply with these Terms.


Creator and Headout may be referred to individually as a “Party” or collectively as “Parties”.


  1. Background:

    1. Headout is engaged in the business of inter alia operating a digital platform facilitating the sale and distribution of tickets to various events, attractions, venues, and experiences managed and/or operated by suppliers across the world.
    2. The Creator is an expert in creating travel-related Content through pictures and videos.
    3. The Creator, having signed up for Headout for Creators Program (the "Program"), is desirous of collaborating with Headout to create Content (including pictures and videos) for the events, attractions, and experiences ("Sponsored Experiences") listed on Headout's platform, in accordance with these Terms.

  2. Definitions:

    1. Any capitalized term used in these Terms will have the meaning assigned to it upon its first use or as defined herein below.
    2. "Creator" refers to individuals who participate in the Program by creating and sharing travel-related content featuring Headout.
    3. "Creator Portal" refers to the online platform provided by Headout for Creators participating in the Program. The portal facilitates collaboration by allowing Creators to access Program details, submit content, track performance, and manage their participation in the Program.
    4. "Content" refers to videos, images, blogs, social media posts, or any other form of content created and published by a participating Creator that features Headout.
    5. "Customer" refers to any individual who purchases or books an experience through Headout's platform.
    6. "Deliverables" refers to the specific content pieces, including but not limited to videos, images, and blog posts, that a Creator is required to produce and publish under the Program.
    7. "Engagement" refers to the total number of likes, views, shares, and comments received on the content posted by a Creator.
    8. "Incentive Program" refers to Headout's structured set of rewards offered to Creators for achieving specific milestones, including but not limited to engagement-based rewards, early-bird bonuses, and referral incentives as outlined in these Terms.
    9. "Referral" refers to the act of a Creator referring other individuals to join the Program, by providing a unique referral code.
    10. "Referral Reward" refers to the rewards or benefits a Creator is eligible for each successful Referral initiated by them subject to the terms and conditions of the Program, as determined by Headout at its sole discretion.
    11. "Social Media Account" refers to any account owned and operated by a Creator on platforms such as Instagram, YouTube, TikTok, Facebook, or other similar content-sharing platforms.

  3. Eligibility: To participate in the Program:

    1. You must have the legal capacity to enter into a binding agreement (directly or through a legal guardian), and sign up for an account with Headout through the Creator Portal. By signing up, you will be required to link your account to your Social Media Account.
    2. You must use the email address with which you signed up for the Program for all communications and gift voucher redemptions and submission of the Deliverables.
    3. You must not be under any contractual obligations that would conflict with these Terms.
    4. You must have at least 3000 followers on one or more social media platforms.
    5. You must maintain a public and active profile with regular engagement, including the publication of a minimum of three (3) posts within the preceding three (3) months. For the purposes of this requirement, any collaborative posts where You are not the original author of the post—meaning the post was first created by another individual and subsequently added to Your account as a collaborator—shall not be considered toward the minimum post requirement.

    Failure to meet these requirements may result in immediate termination from the Program as outlined in Clause 11 of these terms.

  4. Sponsored Experience & Gift Voucher:

    1. Sponsored Experiences: As part of a barter collaboration, you may receive a gift voucher to redeem a Sponsored Experience of your choice. This gift voucher will be valid for 30 days from issuance and can only be used for booking any experience listed on Headout's Platform.
    2. Issuance and Use of Gift Voucher:
      1. Upon enrolling in the Program, Creators must link their social media account to their Headout Creator Portal account. Each Creator may connect only one social media account, and all Content must be posted exclusively on the linked account (e.g., if registered via Instagram, all content must be posted on that linked Instagram account).
      2. A gift voucher shall be issued to the Creator for booking a Sponsored Experience, as outlined in Clause 4.1. The value of the gift voucher shall be determined based on the engagement metrics of the Creator's linked Social Media Account. Headout reserves the sole discretion to assess and allocate the gift voucher value accordingly.
    3. Terms of Use for Gift Voucher:
      • Each gift voucher is valid for one-time use only.
      • The gift voucher must be redeemed using the email address registered with the Program.
      • Gift vouchers are non-transferable and may only be used by the Creator; they cannot be shared or assigned to others.
      • Headout reserves the right to modify the terms and conditions of the gift voucher at its discretion. Any changes will be communicated to you.

  5. Content Submission & Verification:

    1. You must submit the Content within 7 days of visiting the Sponsored Experience. Content must adhere to the provided content and brand guidelines, which will be accessible through the Creator Portal.
    2. After submission, Headout will verify the Content. If the Content meets the guidelines, the next gift voucher will be unlocked for You. If the content is rejected, Headout will provide feedback, and you may modify and resubmit the Content.
    3. By submitting Content, You have the option to allow it to be featured on Headout platforms, excluding advertisements. You can choose to opt in for this feature at the time of submission.
    4. You may not post Content that is offensive, features nudity, or contains false information. Headout reserves the right to request the removal/deletion of any content that violates these guidelines.

  6. Incentive Programs:

    To promote participation and engagement within the Program, Headout offers the following incentive programs. Participation in any incentive program is subject to compliance with these Terms, including but not limited to content submission guidelines, engagement requirements, and verification processes.

    Headout reserves the right, at its sole discretion, to modify, suspend, or terminate any incentive program, adjust eligibility criteria, or amend the incentive structure at any time, with or without prior notice.

    1. Early Bird Offer:
      1. The first 500 eligible Creators who successfully register for the Program and complete the required content submission in accordance with Headout's guidelines shall receive a one-time launch incentive of 25 USD.
      2. The incentive will only be awarded upon verification that:
        • The Creator has met all eligibility requirements of the Program.
        • The submitted Content adheres to Headout's brand guidelines and Content policies.
        • The Creator has posted the Content on their linked social media account as per the Program's requirements.
      3. Headout retains sole discretion to determine eligibility and the disbursement of the Early Bird Offer. Failure to meet the criteria may result in disqualification from this incentive.
    2. Bi-Weekly Challenge:
      1. Every two weeks, Headout shall evaluate the engagement performance of participating Creators based on a combination of metrics, including but not limited to:
        • Views, likes, comments, and shares. Needless to mention only relevant engagement metrics will be considered as may be applicable on the relevant social media platforms.
        • Audience engagement, such as saves and interactions.
        • Overall impact and quality of the Content as determined by Headout.
      2. The Creator with the highest engagement during the applicable period shall be selected as the winner and awarded a prize of up to 2,000 USD.
      3. Headout retains the exclusive right to:
        • Determine the engagement metrics used to assess Creator performance.
        • Select the winning Creator at its sole discretion.
        • Modify or substitute the prize amount and structure at any time, without prior notice.
      4. If a Creator is found to have engaged in fraudulent activities, including but not limited to purchasing engagement, using automated bots, or violating the Program's content policies, they will be disqualified from the Bi-Weekly Challenge and may be subject to removal from the Program.
    3. Referral Incentive:
      1. Creators who are active participants in the Program may refer other eligible individuals to join. To refer the eligible individuals, the Creator will receive a unique referral link containing a referral code that the Creator will have to share with eligible individuals. The Creator shall make sure that the eligible individuals that have been referred under the Program, shall create an account under the Program using the link and referral code shared by the Creator.
      2. The referred Creator must meet all Program eligibility requirements and successfully submit their first piece of Content in compliance with the Program's guidelines for the referring Creator to earn the Referral Reward.
      3. There is no cap on the number of referrals a Creator may make, subject to the following conditions:
        • The referred Creator must sign up and complete all required steps.
        • The referring Creator shall only unlock the referral fee once the referred Creator's first content post has been approved by Headout.
        • Any attempt to manipulate, misuse, or fraudulently generate referrals, including but not limited to creating fake accounts or incentivizing sign-ups through misleading practices, shall result in immediate disqualification from the Referral Incentive Program.
      4. Referral payouts shall be processed on a monthly basis via a digital Visa card, or any other payment method determined by Headout. Headout reserves the right to introduce third-party tools for processing referral incentives, and all participants shall be subject to the terms and conditions of such third-party providers.
      5. Headout reserves the right to review, audit, and verify all referrals before processing payments. If at any time a referral is found to be ineligible, fraudulent, or in violation of these Terms, Headout may withhold or revoke the referral fee.
    4. General Terms for Incentive Programs:
      1. Incentive payments are subject to Headout's verification processes. Headout reserves the right to withhold or cancel incentives if fraudulent, misleading, or non-compliant activity is detected.
      2. Incentives are non-transferable, non-exchangeable, and non-refundable. Headout shall not be responsible for lost, stolen, or misused incentives.
    5. By participating in any of the incentive programs, Creators acknowledge and agree to abide by these Terms, as well as any additional guidelines communicated by Headout.

  7. Headout's Obligations:

    1. Headout will provide the Creator with access to the Creator Portal.
    2. Headout will be responsible for managing all Customer inquiries and issues related to the service.
    3. Headout may feature Creator Content on its platforms, subject to the Creator's prior consent obtained during submission.
    4. Headout shall monitor Creator participation in the Program to ensure adherence to all terms, including eligibility criteria and content guidelines.
    5. Headout shall process incentive payouts for eligible Creators under the Referral Program and other incentive schemes, in accordance with the applicable terms.
    6. Headout shall issue gift vouchers or tickets to eligible Creators for booking Sponsored Experiences as per Clause 4 of these Terms.

  8. Creator's Obligations:

    1. The Creator shall keep and maintain at all times an image of repute, dignity, and respect in the audience's perceptions, considering that Headout is relying on his/her reach and his/her power to positively influence the customer's purchasing decisions.
    2. The Creator shall not engage in any transaction, business, action, activity, or behavior that has the potential to change negatively, their or Headout's reputation amongst Customers.
    3. Creators shall secure their login credentials and notify Headout of any unauthorized access.
    4. Creators shall not scrape, mine, or extract data from Headout's platform without permission.
    5. Creators shall avoid fraudulent activities, including distributing unauthorized promotional codes.
    6. Creators shall disclose their relationship with Headout and cannot misrepresent it.
    7. Creators shall ensure that the Content they may create under these Terms shall be used only for Headout and that no other brands are featured within the same Content, except for the Sponsored Experience being visited by the Creator.
    8. Creators shall ensure that all content they create complies with applicable laws and regulations and does not contain any inappropriate material.
    9. Creators must adhere to the rules and guidelines set by local authorities when producing and sharing content.
    10. In the event that any judicial or quasi-judicial authority issues a notice requiring the removal of content, the Creator must promptly comply with such orders.

  9. Intellectual Property & Content Ownership:

    1. The Creator will retain ownership of all rights, title, and interest in their content, subject to the license granted to Headout in this clause.
    2. Creators opting to be featured under Clause 5.3 grant Headout a non-exclusive, perpetual, transferable, and sublicensable license to use, modify, and create derivative works of their Content for use on Headout platforms. Additionally, irrespective of the opt-in, Headout reserves the right to repost and reshare, any Content created in connection with this agreement across its social media channels and marketing platforms, including but not limited to Instagram, Facebook, Twitter, LinkedIn, and similar platforms.
    3. To the fullest extent permitted by law, the Creator waives any moral rights, including but not limited to the rights of attribution and integrity, in relation to the Creator Content.
    4. The Creator acknowledges that Headout may modify, edit, translate, combine with other materials, and publicly display the Creator Content as part of its marketing and promotional efforts.
    5. The Creator is solely responsible for ensuring that the Creator Content does not infringe any third-party rights, including intellectual property rights, and shall indemnify Headout against any claims arising from the use of such content.

  10. Branding & Promotional Activities:

    1. Headout will provide branding guidelines within the Creator Portal and will also share them via email at the time of joining the Program. The Creator must strictly adhere to these guidelines when using Headout's brand elements, including logos and wordmarks.
    2. The Creator shall not engage in any activity that may bring Headout or its affiliates into disrepute or cause reputational harm.
    3. Any advertising or promotion by the Creator must comply with these Creator Terms and applicable laws including but not limited to the guidelines issued by
      ASCI
      . Any marketing not explicitly permitted requires prior written approval from Headout. Specifically, the Creator is prohibited from using unauthorized physical promotional materials without Headout's written consent.

  11. Term And Termination:

    1. These Terms shall come into effect from the moment the Creator creates its account on the Creator Portal in accordance with these Terms and shall remain in force until terminated by either party in accordance with this section.
    2. Either party may terminate these Terms at any time, without cause, by providing seven (7) days written notice to the other party.
    3. Headout may terminate this Agreement immediately if the Creator fails to comply with any applicable laws, regulations, or Headout's content and branding guidelines.
    4. Upon termination of these Terms, the Creator must immediately either, as directed by Headout, (i) return or deliver to Headout all documentation and other material, including all copies thereof, in Creator's possession or under its control which contain Confidential Information of Headout, or (ii) destroy all such documentation and other material and confirm in writing to Headout that the destruction has taken place. All rights granted to the Creator herein shall terminate, and Headout reserves the right to delete the Creator's account on the Creator Platform with immediate effect. Additionally, the Creator must remove all content created under the Program from their Social Media Accounts and any other platforms where it was published.
    5. In the event of termination pursuant to Clause 11.3, the Creator may submit a new application to rejoin the Program via the Creator Portal. However, Headout reserves the right to reject such application at its sole discretion.

  12. Confidentiality:

    Each Party must keep secret and confidential all confidential information including but not limited to any trade-related information disclosed to it; and must not disclose the confidential information (other than to its employees, consultants, subcontractors, agents, professional advisers, or insurers, and their employees, consultants, subcontractors, agents, professional advisers or insurers and any of its or its affiliates ("Authorized Recipient") on a need to know basis) except with the prior written consent of the Party whose confidential information is being disclosed. Disclosure to any Authorized Recipient will be subject to the Authorized Recipient being bound by obligations equivalent to those set out in this clause. The person disclosing confidential information to an Authorized Recipient must ensure that such Authorized Recipient complies with such obligations.

    The obligations of confidentiality in this clause will not prevent either Creator or Headout from disclosing such confidential information where it is required to do so under any applicable law or the rules of any recognized stock exchange or by order of a court or governmental body of authority of competent jurisdiction or a mandatory requirement of any regulatory authority.

  13. Indemnity:

    The Creator shall indemnify, defend and hold Headout, its employees, directors, agents, and affiliates harmless from and against any action, claim suit, proceeding, demand, investigation, or charge alleging any costs, losses, liabilities, damages, fines, judgments, fees, or expenses (including reasonable attorneys' fees and court costs) up to a maximum amount equal to the total fees paid by Headout to the Creator under this Agreement arising out of his/her: (i) performance of its obligations under this Agreement; (ii) breach of obligations and covenants herein; (iii) failure to comply with applicable laws; and (iv) infringement of Headout's intellectual property rights.

  14. Miscellaneous:

    1. Dispute Resolution: In the event of any dispute, controversy, or claim arising out of or in connection with this Agreement, the Parties shall first seek to resolve the matter through amicable conciliation. If the dispute cannot be resolved within thirty (30) days from the initiation of such conciliation, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) in effect at the time of the dispute. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the Parties. If the Parties are unable to agree on the selection of the arbitrator within ten (10) days from the commencement of the arbitration, the AAA shall appoint the arbitrator.

      The arbitration shall take place in New York, and the proceedings shall be conducted in English. The decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Each Party shall bear its own costs and expenses related to the arbitration, and the Parties shall share equally the costs of the arbitrator and any administrative fees.

      The Parties agree that any interim relief, including temporary restraining orders or injunctive relief, may be sought and granted by any court of competent jurisdiction in order to preserve the status quo or prevent irreparable harm, pending the outcome of the arbitration.

      This section shall survive termination of this Agreement.

    2. Governing Law & Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. The Parties submit to the exclusive jurisdiction of the state and federal courts in New York for any disputes arising from this Agreement.
    3. Force Majeure: Neither Party shall be liable for failure to perform obligations due to events beyond reasonable control (e.g., natural disasters, war, pandemics). The affected Party must notify the other within a reasonable time. If the event persists for 30 days, the unaffected Party may terminate the Agreement.
    4. Injunctive Relief: The Creator acknowledges that a breach of certain obligations may cause irreparable harm to Headout, entitling Headout to seek injunctive relief without the need to post a bond, in addition to other available remedies.
    5. Independent Contractors: The Parties are independent contractors, and this Agreement does not establish a partnership, joint venture, or employment relationship.
    6. Assignment: The Creator may not assign or transfer this Agreement without Headout's prior written consent. Headout may assign or delegate its rights and obligations at its sole discretion.
    7. Notices: All notices shall be in writing and sent via email or courier. Notices are deemed received when delivered by hand or courier, or upon email confirmation of receipt. Either Party may update its notice address by providing written notice to the other Party.