Socialveins, (“Socialveins”, “us”, “we”, or “our”) operates an online platform that facilitates the matching of people offering to create promotional online media content (each, an “Influencer”) with individuals or businesses wanting to use online media content to promote their products or services (each, an “Sponsor”). The creation of online media content to promote specific products and services is referred to herein as a “Campaign.”
The Platform is provided solely to: (i) assist sponsors in gathering information about the various types of Campaign opportunities and Influencers available on the Platform, including profiles, price ranges, and Influencer descriptions (each, an “Influencer Profile”); (ii) enable sponsors to post information regarding potential Campaigns and enable sponsors and Influencers to respond to any Campaign opportunities; (iii) permit users to post reviews of Influencers; (iv) facilitate communication with sponsors or Influencers with the objective of having the Influencer and the sponsor enter into an agreement with each other for the provision of Campaign services (a “Campaign Agreement”); and (v) facilitate the transmission of payments from the sponsor to Influencer under a Campaign Agreement (collectively, the “Platform Services”).
Socialveins reserves the right to change or remove any information, material or content (including, price, features, availability of Influencers, Influencer Profiles, and reviews of Influencers) contained on or provided through the Platform at any time, and from time to time, without notice.
Main Terms, in a Nutshell
The following terms apply to sponsors on the Platform:
Socialveins does not sell likes, followers, subscribers, views, retweets, comments, clicks, or traffic. Socialveins is a platform to make connection or contact between sponsors and Influencers for Campaign. Results of your Campaigns depend on many factors and are not guaranteed by Socialveins.
Socialveins will not be responsible for any delay in posting a shoutout that is due to your failure to respond to a reasonable request for additional information.
The following terms apply to Influencers on the Platform:
You must own, have administrative privileges, or have proper publicist relations on behalf of the account/Influencer for whom you are providing services.You must NOT modify, change or otherwise edit the caption and media attachment of the shoutout order.
You must NOT share opinions about Socialveins orders in public form (comments, direct messages, order captions).
You must NOT boost, increase or fabricate any engagement metrics of your social media account, including, but not limited to, your Socialveins orders.
Influencers who engage with sponsors outside of the Platform are not liable to Socialveins.
You will be required to successfully sign up for a user account (the “User Account”) through the Platform and will be issued a username and password login credentials by Socialveins (“User ID”) in order to use the Platform and communicate with sponsors and Influencers through the Platform. If you are issued a User ID, you will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of Socialveins, including account names. Socialveins reserves the right to disable any User Account issued to you at any time in Socialveins’s sole discretion. If Socialveins disables access to a User Account issued to you, you may be prevented from accessing Socialveins, your account details, or any Campaigns that are associated with your account.
Term and Termination
Socialveins may terminate your User Account and your access to and use of the Platform and the Platform Services, at Socialveins’s sole discretion, at any time and without notice to you. You will cease and desist from any such access or use immediately upon request by Socialveins.
You may cancel your User Account at any time by sending an email to us at [email protected].
All content provided or displayed by Socialveins through the Platform, including (without limitation) all designs, infrastructure, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks (the “Platform Content”), are owned or licensed by Socialveins and are protected by copyright, trade-mark and other intellectual property laws.
Socialveins expressly reserves all rights in the Platform, the Platform Services, and the Platform Content that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform, the Platform Services, the Platform Content, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Socialveins (or third party suppliers, if applicable), and that the Platform, Platform Services, and Platform Content are licensed and not “sold” to you.
No Unlawful or Prohibited Use
You shall not, without Socialveins’s prior written permission, use the Platform for purposes other than accessing and using the Platform Services. Without limiting the generality of the foregoing, you shall not, and shall not permit anyone else to:
(a) “frame,” “mirror,” or otherwise incorporate the Platform or the Platform Content or any part thereof on any commercial or non-commercial website;
(b) access, monitor, or copy any part of the Platform or the Platform Content using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(c) violate the restrictions in any robot exclusion headers on the Platform Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
(d) take any action that imposes, or may impose, in Socialveins’s discretion, an unreasonable or disproportionately large load on the Platform;
(e) deep-link to any portion of the Platform for any purpose;
(f) remove (or permit anyone else to remove) any watermarks, labels, or other legal or proprietary notices included in any Campaign, the Platform, or the Platform Content;
(g) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any scheduled Campaigns, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or a Campaign;
(i) attempt to, or assist, authorize or encourage others to, circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform;
(j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Platform Content;
(k) create derivative works based on the Platform or the Platform Content, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform;
(l) use or access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or
(n) post, upload, publish, submit or transmit any User Content that, in Socialveins’s sole discretion:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading, or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar, or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your use of the Platform. You acknowledge that Socialveins may (i) use, publish, delete, or modify any User Content without any notice to you and (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Third Party Websites
Socialveins may enable you to link your User Account with a valid account on a third party social networking, email, or content service such as Facebook, YouTube, or Twitter, (such service, a “Third-Party Service” and each such account, a “Third-Party Account”) by allowing Socialveins to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account (“Third-Party Terms”). You represent and warrant that you are entitled to disclose your Third-Party Account information to Socialveins and/or grant Socialveins access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), and that such disclosure or access will not violate the applicable Third-Party Terms, obligate Socialveins to pay any fees, or make Socialveins subject to any usage limitations imposed by such Third-Party Service providers.
By granting Socialveins access to any Third-Party Accounts, you understand that Socialveins may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and/or stored in your Third-Party Account (“TPS Content”) so that it is available on and through the Platform via your User Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your User Account on the Platform. You hereby authorize Socialveins to retrieve information from, and submit information to, such Third Party Services at your request, and to provide Platform Services relating to any information we retrieve from those Third-Party Accounts. Please note that if a Third-Party Account or associated service becomes unavailable or Socialveins’s access to such Third-Party Account is terminated by the Third-Party Service provider, then TPS Content will no longer be available on and through the Platform.
Relationship with Third-Party Services.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND SOCIALVEINS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Socialveins makes no effort to review TPS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Socialveins is not responsible for any TPS Content. You should note that a Third-Party Service may change or amend its guidelines and our access to it at any time, and we cannot guarantee that the Platform Services will always include a connection to such Third Party Service.
Communications Not Confidential
Socialveins does not guarantee the confidentiality of any communications made by you through the Platform. Although Socialveins generally adheres to the accepted industry practices in securing the transmission of data to, from, and through the Platform, you agree and acknowledge that Socialveins cannot and does not guarantee the security of data transmitted over the Internet or public networks.
DISCLAIMER OF WARRANTIES
Socialveins cannot and does not guarantee or warrant that the Platform or Platform Services, or any links from the Platform, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. SOCIALVEINS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF AND ACCESS TO THE PLATFORM AND PLATFORM SERVICES.
YOUR USE OF THE PLATFORM AND PLATFORM SERVICES IS AT YOUR OWN RISK. THE PLATFORM AND PLATFORM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER SOCIALVEINS NOR ANY PERSON ASSOCIATED WITH SOCIALVEINS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR PLATFORM SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SOCIALVEINS NOR ANYONE ASSOCIATED WITH SOCIALVEINS REPRESENTS OR WARRANTS THAT THE PLATFORM OR PLATFORM SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE (INCLUDING PRICING ERRORS), OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR PLATFORM SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIALVEINS OR THROUGH OR FROM THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SPONSOR, INFLUENCER, AND CAMPAIGN DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SOCIALVEINS DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. SOCIALVEINS MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC SPONSORS, INFLUENCERS, CAMPAIGNS, OR TYPES OF CAMPAIGNS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL SOCIALVEINS OR ANY PERSON ASSOCIATED WITH SOCIALVEINS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SOCIALVEINS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM, PLATFORM SERVICES, OR PLATFORM CONTENT.
SPONSORS ENGAGING SERVICES AND INFLUENCERS MARKETING SERVICES THROUGH THE PLATFORM ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF SOCIALVEINS. SOCIALVEINS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SPONSORS OR INFLUENCERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY CAMPAIGNS OR AGREEMENTS BETWEEN INFLUENCERS AND SPONSORS. SOCIALVEINS IS NOT AND WILL NOT BE A PARTY TO ANY CAMPAIGN AGREEMENT AND IS NOT LIABLE FOR ANY PARTY’S BREACH OF ANY SUCH AGREEMENT.
The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
Class Action/Jury Trial Waiver
Geographic Application of the Platform
Not all of the Influencers, Campaigns, and Platform Services are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Entire Agreement, Waiver and Severability