Effective Date: December 3, 2021
Our Site connects third-party retailers, advertisers and other businesses ("Merchants"), individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms ("Influencers") and consumers ("You," "Your" and "Users"). People use our Site to learn more about their favorite Influencers’ preferred products and to shop for those products and related items. From time to time, we may also provide emails regarding new content, products and services.
To set up and host a Promotional Campaign Website on the Site, you must sign up through the Site. Approving a proposed Promotional Campaign Website, and suspending or terminating approval of a current Promotional Campaign Website, is at the Company’s sole discretion. If you simply want to browse this Site and/or current Promotional Campaign Websites, there is no need to register or apply.
This Site and its contents are for your own personal non-commercial use only. Conditional upon your acceptance of this Agreement and continued compliance with its terms and any other relevant Company policies, the Company grants you a personal, nonexclusive, non-transferable, revocable limited license to access and use the Site for personal reasons.
We may discontinue or change any Company and/or Site content, service, function or feature at any time with or without notice.
You may use Company services for lawful, personal purposes only and may use the Site only in ways consistent with the law.
You agree that systematic retrieval of data from the Site without the express written permission of the Company is strictly prohibited. You may not use any program, spider, "bot," or other automatic device to gather or "harvest" information from this Site. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site. You may not use, frame or otherwise enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates. You may not use any meta tags or any other "hidden text" utilizing the Company’s name or trademarks without our express written consent. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Site. You agree you will not reverse engineer, disassemble or decompile any Company prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder.
We reserve the right to remove any content on the Site, at any time, that is deemed inappropriate. Determinations about the inappropriateness of content lie in the Company’s sole discretion. Inappropriate content may include, without limitation, content that:
is directed at children under 13 years of age;
violates any provision of the Children’s Online Privacy Protection Act and/or Federal Trade Commission regulations;
contains material that is false or misleading with respect to any person or entity;
contains material that is illegal, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, offensive, libelous, sexually explicit, violent, invasive of privacy, hateful, or discriminatory on the basis of race / color / religion or creed / national origin or ancestry / sex / age / physical or mental disability / veteran status / sexual orientation / pregnancy / gender identity;
infringes any third party’s intellectual property rights or that you are otherwise prohibited from disclosing;
contains software viruses or otherwise impairs the Site’s functionality; involves the transmission of "spam," "junk mail," "chain letters," or unsolicited mass emails;
promotes, advertises or solicits for contests, sweepstakes, multi-level marketing campaigns, Ponzi schemes, pyramid schemes, digital currencies or cryptocurrencies;
uses automated scripts or other technology to collect information from or contact the Company or users of the Site;
provides material support or resources to any organization(s) designed by the United States government as a foreign or domestic terrorist organization;
discloses another person’s personal identifiable information, including without limitation name, address, social security number or other identifying number or code, telephone number, email address, contact information, password, credit card or bank account information;
or violates or encourages the violation of any applicable local, state, federal or international law, including any regulations having the force of law.
The Company reserves all rights under intellectual property law in the Company and in any content that is on the Site.
Except as the Company may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Company on the Site without our express prior written consent. Rights not expressly granted herein are reserved by the Company.
If you believe that a third party has infringed your copyright on our Site, you may notify us by email at [email protected] Please be reminded that, in order to be effective, your notice of claimed infringement must comply with the requirements of the Digital Millennium Copyright Act, which may be found at 17 U.S.C. ¶ 512(c)(3).
You agree that we may provide to you notices and other information concerning Company or this Site electronically, including notice to any email address that you may provide.
You represent, warrant and agree that you are the exclusive owner of any content you publish on the Site and/or that you have all rights, licenses, consents and releases necessary to make the content available on the Site. You further represent, warrant and agree that your content does not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or any other applicable law or regulation. If you publish any content on the Site, you grant us and our affiliate companies the non-exclusive, perpetual, worldwide, royalty-free sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you, or others, may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
Company may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our partners, suppliers or advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Company is not responsible for any claim or loss due to a third party site or any advertiser.
We provide this Site and its contents "AS IS." We and our partners, affiliates, suppliers, merchants and influencers make no express warranties or guarantees about this Site. You understand and agree that any statements by the Company, its employees, agents, partners, affiliates, suppliers, merchants and influencers are provided for informational purposes only. TO THE EXTENT PERMITTED BY LAW, WE AND OUR PARTNERS, SUPPLIERS, MERCHANTS AND INFLUENCERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
You may not assert claims for money damages arising from this Site or its contents. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and our partners and suppliers, shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, 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.
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
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