Terms of Service

Last Updated: October 24, 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Destination: Branded's website located at www.destinationbranded.com (the "Platform"), and all associated services, features, and content provided by Destination: Branded ("Company", "we", "us", or "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.

2. Description of Service

Destination: Branded is a marketplace platform that connects:

  • Creators: Individuals planning group trips who wish to create user-generated content (UGC) for brand partnerships

  • Brands: Companies seeking authentic UGC from creators for marketing purposes

The Platform facilitates connections only. We are not a party to any agreements between Creators and Brands. We do not employ Creators, sell products or services on behalf of Brands, or guarantee the quality or outcome of any Creator-Brand collaboration.

3. Eligibility

You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that:

  • You are at least 18 years old

  • You have the legal capacity to enter into binding agreements

  • All information you provide is accurate, current, and complete

  • You will maintain the accuracy of such information

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to:

  • Provide accurate and complete information during registration

  • Maintain and promptly update your account information

  • Keep your password secure and confidential

  • Notify us immediately of any unauthorized use of your account

4.2 Account Types

  • Creator Accounts: For individuals planning group trips and seeking brand partnerships

  • Brand Accounts: For companies seeking UGC content from creators

4.3 Account Responsibility

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Provide false, misleading, or fraudulent information

  • Impersonate any person or entity

  • Use the Platform to harass, abuse, threaten, or intimidate others

  • Post content that is defamatory, obscene, pornographic, or otherwise objectionable

  • Violate any applicable laws or regulations

  • Infringe upon intellectual property rights of others

  • Attempt to gain unauthorized access to the Platform or other users' accounts

  • Use automated systems (bots, scrapers) to access the Platform

  • Interfere with or disrupt the Platform's operation

  • Collect or harvest personal information from other users without consent

  • Use the Platform to conduct illegal activities or scams

5.2 Content Standards

All content you post or share on the Platform must:

  • Be accurate and not misleading

  • Comply with applicable laws and regulations

  • Not infringe on third-party rights

  • Not contain malicious code or viruses

  • Be appropriate for a general audience

6. Creator-Specific Terms

6.1 Profile Information

Creators agree to:

  • Provide accurate information about planned trips, including destination and dates

  • Maintain updated social media handles and contact information

  • Showcase only content they own or have rights to display

  • Be truthful about audience demographics and engagement rates

6.2 Creator-Brand Agreements

When a Creator connects with a Brand through the Platform:

  • The Creator and Brand negotiate all terms directly, including:

    • Scope of work and deliverables

    • Payment terms and amounts

    • Content usage rights and licensing

    • Timelines and deadlines

    • Any other contractual terms

  • Destination: Branded is NOT a party to these agreements

  • Creators are responsible for fulfilling obligations to Brands

  • Creators should have written agreements with Brands before beginning work

6.3 Content Ownership

By default, Creators retain copyright ownership of all content they create. Any transfer or licensing of rights to Brands must be negotiated directly between Creator and Brand in their separate agreement.

7. Brand-Specific Terms

7.1 Profile Information

Brands agree to:

  • Provide accurate company information

  • Clearly communicate partnership expectations

  • Treat Creators professionally and respectfully

  • Honor payment agreements made with Creators

7.2 Brand-Creator Agreements

When a Brand connects with a Creator through the Platform:

  • The Brand and Creator negotiate all terms directly

  • Destination: Branded is NOT a party to these agreements

  • Brands are responsible for:

    • Clearly defining project scope and expectations

    • Negotiating fair compensation

    • Obtaining necessary content licenses and usage rights

    • Making timely payments per agreed terms

    • Ensuring compliance with advertising disclosure laws (FTC guidelines, etc.)

7.3 Content Usage Rights

Brands must negotiate content usage rights directly with Creators. The Platform does not grant, transfer, or guarantee any content rights. All content licensing must be addressed in direct Creator-Brand agreements.

8. Platform Rights and Licenses

8.1 License from Users to Platform

By posting content to the Platform (such as profile information, sample work, or other materials), you grant Destination: Branded a limited, non-exclusive, royalty-free, worldwide license to:

  • Display your content on the Platform

  • Use your content for Platform marketing and promotional purposes

  • Share your profile information with potential collaboration partners (Creators with Brands, and vice versa)

This license exists solely to operate the Platform and facilitate connections. We do not claim ownership of your content.

8.2 Platform Ownership

The Platform, including its design, features, code, and original content, is owned by Destination: Branded and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform without our written permission.

9. Fees and Payment Terms

9.1 Current Fee Structure

At this time, Destination: Branded does not charge fees for basic Platform access and use.

9.2 Future Fees

We reserve the right to introduce fees for Platform services in the future. If we introduce fees:

  • We will provide advance notice to all users

  • Fee structures will be clearly communicated

  • Continued use of the Platform after fee introduction constitutes acceptance of the new fee structure

9.3 Creator-Brand Payments

All payments between Creators and Brands are handled directly between those parties. Destination: Branded does not process, facilitate, or take responsibility for Creator-Brand payments at this time.

10. Intellectual Property Rights

10.1 Copyright

All content created by Creators belongs to the Creator, unless explicitly transferred to a Brand through a separate written agreement. Brands must obtain proper licenses and usage rights directly from Creators.

10.2 Trademark Usage

You may not use Destination: Branded's name, logo, or trademarks without our prior written consent.

10.3 DMCA Compliance

If you believe content on the Platform infringes your copyright, please contact us at destinationbranded@gmail.com with:

  • Identification of the copyrighted work

  • Identification of the infringing material

  • Your contact information

  • A statement of good faith belief

  • A statement that the information is accurate and you're authorized to act

11. Disclaimers and Limitation of Liability

11.1 Platform "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantee of Results

We do not guarantee:

  • That you will find suitable collaboration partners

  • The quality, safety, or legality of any Creator-Brand agreements

  • The accuracy of information provided by other users

  • That the Platform will be uninterrupted, secure, or error-free

  • Any specific outcomes from using the Platform

11.3 Third-Party Interactions

Destination: Branded is NOT responsible for:

  • Disputes between Creators and Brands

  • Quality of work delivered by Creators

  • Payment disputes or non-payment issues

  • Breach of agreements between Creators and Brands

  • Any damages arising from Creator-Brand interactions

  • Fraudulent or misleading behavior by users

11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESTINATION: BRANDED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Platform

  • Any conduct or content of any third party on the Platform

  • Unauthorized access to or use of our servers and/or any personal information stored therein

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Destination: Branded, its owner, and any affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Platform

  • Your violation of these Terms

  • Your violation of any rights of another party

  • Any agreements or disputes between you and other users

  • Content you post or share on the Platform

13. Dispute Resolution Between Users

13.1 Direct Resolution

All disputes between Creators and Brands must be resolved directly between those parties. Destination: Branded is not a mediator, arbitrator, or party to such disputes.

13.2 Platform Investigations

We reserve the right to investigate reported violations of these Terms and take appropriate action, including account suspension or termination.

14. Modifications to Service and Terms

14.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time, with or without notice.

14.2 Terms Changes

We may modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after changes constitutes acceptance of the modified Terms. We will make reasonable efforts to notify users of material changes.

15. Termination

15.1 By You

You may terminate your account at any time by contacting us at destinationbranded@gmail.com or using account settings (if available).

15.2 By Us

We may suspend or terminate your account immediately, without prior notice, if you:

  • Violate these Terms

  • Engage in fraudulent or illegal activity

  • Provide false information

  • Abuse, harass, or harm other users

  • Otherwise misuse the Platform

15.3 Effect of Termination

Upon termination:

  • Your right to use the Platform immediately ceases

  • We may delete your account and content

  • You remain liable for any obligations incurred before termination

  • Sections of these Terms that by their nature should survive (such as indemnification, disclaimers, and limitation of liability) will continue to apply

16. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our data practices.

17. Communications

17.1 Electronic Communications

By using the Platform, you consent to receive electronic communications from us, including emails about your account, Platform updates, and promotional materials (which you may opt out of).

17.2 Contact Information

For questions, concerns, or notices regarding these Terms, contact us at:

  • Email: destinationbranded@gmail.com

  • Website: www.destinationbranded.com

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Destination: Branded regarding use of the Platform.

18.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to any conflict of law principles.

18.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.6 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control.

18.7 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Destination: Branded.

19. Contact Information

For any questions about these Terms, please contact us at:

Destination: Branded
Email: destinationbranded@gmail.com
Website: www.destinationbranded.com

By using Destination: Branded, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.