PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.
“You” or “your” means you personally (for example, the individual who reads and agrees to be bound by these terms), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access any of the Sites. The Company reserves the right to change the information, products, services, prices, and Promotions mentioned in any of the Sites, at any time, at its sole discretion.
The Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site after any changes to the Site will indicate your acceptance of the changes and Terms. The Company reserves the right to seek all remedies available by law and in equity for any violation of the Terms. Any rights not expressly granted herein are reserved by the Company. The Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, from time to time, and in the Company’s sole discretion.
1. Eligibility. If you are using this Site on behalf of a corporation or other legal entity, you represent that you are authorized to accept these Terms on behalf of such corporation or other legal entity. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or transmit or otherwise submit personally identifiable information to the Company.
2. Terms Applicable to Corporations. The following terms and conditions apply specifically to any corporation or other legal entity that is subject to these Terms: (i) you agree to require each of your employees to be bound by these Terms, and (ii) you agree to remain responsible and liable for all acts and omissions of your employees in connection with the Site, including any breach of the Terms. All references to your access and/or use of the Site herein include access and/or use of the Site by your employees.
3. We Operate a Brand and Influencer Marketplace. On some of our Sites, you can purchase sponsorships. Each sponsorships purchased from our Site will be governed by terms and conditions or an end user agreement specific to the sponsorships being sold, or both. Price and availability information for sponsorships is subject to change without notice. All sponsorships specifications are subject to change without notice. Actual sponsorships may differ in appearance from images shown.
5. Registration; User Names and Passwords. You may be required to register with the Company in order to access certain areas of certain of our Sites. With respect to any such registration, the Company may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that the Company rejects for any other reason in the Company’s sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access such Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to notify the Company immediately of any unauthorized use of your password or user name or any other breach of security related to your account or such Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. The Company is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6. Proprietary Rights. The information, photographs and materials made available through the Sites, is and shall remain the property of the Company, its subsidiaries, affiliates and licensors and are protected by copyright, trademark, patent, and/or rights and laws. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) of Site, or any information from a Site, in whole or in part, without the express prior written authorization of the Company. Elements of our Sites are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from a Site may be copied or retransmitted unless expressly permitted in writing by the Company. Nothing contained on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company or its affiliates’ or suppliers’ trade names, trademarks or service marks without the Company’s express prior written consent.
7. Disclaimer of Warranties. THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. Limitation of Liability. IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF A SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH A SITE, ANY PRODUCT, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE A SITE OR FROM ANY PRODUCT AND/OR OTHER CONTENT POSTED ON THE SITE BY THE COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY TO ACCESS AND USE A SITE.
OUR SITES, THE PRODUCTS AND SERVICES AVAILABLE THROUGH ANY SITE AND THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON ANY SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ANY SITE, THE PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH ANY SITE AT ANY TIME.
NOTHING IN THIS SECTION SHALL LIMIT THE COMPANY’S LIABILITY TO YOU FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAWS.
9. Links. SOME OF THE LINKS ON THE SITE(S) WILL LET YOU LEAVE THE SITE(S). THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED WEBSITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE COMPANY OF ANY LINKED WEBSITES. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
10. Rules of Conduct. While using a Site you will comply with all applicable laws, rules and regulations. In addition, the Company expects users of our Sites to respect the rights and dignity of others. Your use of any Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to a Site. You agree that you will not post, transmit, or otherwise make available, through or in connection with any Site:
• Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
• Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
• Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
• Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
• Use a Site for any fraudulent or unlawful purpose.
• Harvest or collect personally identifiable information about other users of any Site.
• Impersonate any person or entity, including any representative of the Company or its affiliates; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that the Company endorses any statement you make.
• Interfere with or disrupt the operation of a Site or the servers or networks used to make a Site available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of a Site).
• Use the Site to advertise or offer to sell or buy any goods or services without the Company’s express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site (including any content, product, service and other materials available through any Site).
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of a Site (including any content and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
• Remove any copyright, trademark or other proprietary rights notice from any Site or content and other materials originating from any Site.
• Frame or mirror any part of a Site without the Company’s express prior written consent.
• Create a database by systematically downloading and storing all or any Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of a Site, without the Company’s express prior, written consent.
11. Forums. A “Forum” means a discussion group, chat area, bulletin board, news group, wiki/help area, feedback, letter to the Company, its webmaster or employees, e-mail function or other interactive functionality offered as part of any of our Sites. Please note that Site users may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. The Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and do not reflect the opinions of the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives.
In addition, the Company and/or its respective subsidiaries, affiliates, suppliers and licensors and its and their directors, officers, employees, agents and representatives have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of a Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON ANY SITE, YOU DO SO AT YOUR OWN RISK.
12. License. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to the Company (each, a “Submission”), you acknowledge that such Submission is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to the Company a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit and distribute such Submission in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
13. Monitoring. You acknowledge and agree that the Company reserves the right (but has no obligation) to do one or more of the following in the Company’s sole discretion, without notice or attribution to you: (i) monitor Submissions as well as access to a Site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate any Site; to protect the Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. The Company disclaims any responsibility for content submitted by users on or through any area of a Site.
15. Termination. You agree that the Company may, in its sole discretion, at any time for any reason or no reason, terminate your access to any Site if the Company believes that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of any Site may be effected without prior notice. You agree that The Company, its affiliates and licensors, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to any Site.
16. Governing Law and Forum. You agree to the non-exclusive jurisdiction of the State of Texas, or an appropriate federal court located in Travis County, Texas for any action or proceeding arising out of or related to these Terms, without regard to applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms. If you are a citizen of a European Union country, you agree that any disputes arising under or in connection with these Terms shall be governed by and construed in accordance with the laws of The United States, without regarding to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by the Company to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than an appropriate state court in Travis County, Texas, or an appropriate federal court located in Travis County, Texas).
17. Indemnification. You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against the Company and/or each of its affiliates, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees (each, an “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site, including the information, content, services, and/or products provided on the Site; and (4) any Submission provided by you in a Forum. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys' fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of these Terms.
18. Forward-Looking Statements. Some of our Sites contain express or implied forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond the Company's control, and which could cause actual results to differ materially from those contemplated in such forward-looking statements. Such statements include those that (a) use the words “believes,” “expects,” “anticipates,” “estimates,” “will” or words of similar importance or meaning; (b) are specifically identified as forward-looking; (c) describe any of the Company’s plans, objectives or goals for future operations and products or services; or (d) concern the characteristics and growth of the Company’s markets or customers or the Company’s expected liquidity and capital resources. Factors that could cause actual results to differ materially include economic, competitive, governmental and technological influences affecting the Company’s operations, markets, products or services. Further information on potential factors that could affect the actual financial results of the Company are included in the Company’s filings with the Securities and Exchange Commission; specifically, the Company’s most recent reports on Form 10-K and Form 10-Q. The Company does not assume any obligation to update any forward-looking statement to reflect events that occur or circumstances that exist after the date on which they were made.
19. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on a Forum or the materials, content or products made available on any of our Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the forum should be sent to the Company at:
By Email: email@example.com
20. No Legal Advice Offered. The content on our Sites is intended to be a general information resource in regard to the subject matter covered. The Company is not a law firm and it does not directly or indirectly practice law or attempt to render or dispense legal services via our Sites. Nothing contained on our Sites is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on the Sites is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts. Our Sites are not a substitute for the advice of an attorney.
21. Miscellaneous. These Terms and any Additional Terms contain the entire agreement between you and the Company with respect to our Sites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to any Site. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
22. Notices. Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
By Email: firstname.lastname@example.org
Notices to you may be made via posting to a Site, by e-mail, or by regular mail, in the Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
23. Contact Us. By Email: email@example.com
LAST UPDATED: October 12, 2016.