Last Updated: August 31th, 2016
The Influencer AS (“The Influencer”) owns the web site theinfluencer.no and the app The Influencer (collectively the “Site”).
1. THE SERVICE
The Site is a data driven marketing platform that bridges the gap between influencers and marketers. With high focus on data The Influencer empowers businesses to find the most effective influencers based on their audience.
The Influencer connects brands and users (the “Service”) by offering brands registered on the Site (the “Brands”) to connect with the users to share the Brands’ campaigns (the “Campaigns”) on various platforms such as Twitter, Youtube, Facebook and Instagram (the “Platforms”).
If you qualify as an influencer pursuant to The Influencer’s then current rules, you can register as an influencer on the Site (referred to as a “User”). As part of the Service, The Influencer offers the User to create one or more profiles on the Site (the “Profile”). The Service includes tools so that the User can receive and accept marketing requests on the Profile from the Service’s own internet based administration tool and from the User’s own mobile phone. As a User, you will be able to post content on the Platforms in connection with the Campaigns and other user content (collectively “User Content”). Furthermore, as a User, you may be entitled to compensation for promoting the Campaigns on the Platforms by posting Promotional Content.
2. ACKNOWLEDGEMENT AND ACCEPTANCE
The Influencer may modify these Terms from time to time. When The Influencer posts modifications to these Terms, The Influencer will revise the “Last Updated” date at the top of this page. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by them, as modified. If you object to any modification, your sole recourse is to terminate your use of the Site. The Influencer recommends that you check the Site from time to time to inform yourself of any changes in these Terms or any of The Influencer’s other policies.
3. REGISTRATION ON THE SITE
To register as a User and create a Profile, you will be required to create a User account. After you have created a User account and received approval from The Influencer to create a Profile, you will become a User of the Service. The Influencer retains the right to decide if you qualify as a User.
To create a User account, you will be required to submit certain personal informational. You acknowledge that all information needs to be accurate and that you will update your information if it changes. You need to be 15 years or older to create a User account.
As a User, you are obligated to: (i) keep your user name and password safe and secure, and not share those with others; (ii) notify The Influencer immediately if you believe that your User account is being misused or hacked; and (iii) log out after you end your User session.
You acknowledge and agree that The Influencer may block your use of the Site if your User account information is not complete and/or terminate your right to use the Site and the Services (including by deleting Promotional Content) if any of the registration information that you provide is untrue, not current, incomplete or inaccurate, or if The Influencer has reasonable grounds to believe that any of your User account information is untrue, not current, incomplete or inaccurate. You also must maintain and update your User account information to keep it current, complete and accurate.
You represent to The Influencer that you have the authority to register with and/or use the Site according to these Terms. You affirm that you are fully able and competent to enter into these Terms and to abide by and comply with these Terms.
5. USER PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password(s) and other information. You are entirely responsible for any and all activities that occur under your username and password whether or not authorized by you. You agree to immediately notify The Influencer at email@example.com of any unauthorized use of your username or password.
The Influencer may refuse to grant you, and you may not use, a username (or e-mail address) that: is already being used by someone else; may or does impersonate another person; belongs to another person; violates the intellectual property or other rights of any person; is vulgar or otherwise offensive; and/or The Influencer rejects for any other reason in The Influencer’s sole discretion.
Examples of names that are not permitted are samsung, martinodegaard, justinbieber etc., unless you can provide a written consent of the rights owner permitting such use.
Although The Influencer will not be liable for losses caused by any unauthorized use of your username or other information, you may be liable for the losses of The Influencer or others due to such unauthorized use.
6. CAMPAIGNS AND USER CONTENT
Part of The Influencer’s Services is to have a platform for Users to market their Profiles to Brands for potential Campaigns. The Influencer owns the rights to the Site and the Service, and by becoming a User, The Influencer gives you the right to use the Service in accordance with these Terms.
The Brands are the owners of the Campaigns and other their trademarks, logos and brands.
You are solely responsible for the User Content, including, text, pictures, videos, SMS, MMS and all other material that you make available on the Service.
You are not permitted to choose your own design in connection with the Profile, but you are responsible for all the User Content published on the Profile. The Service will not make widgets or plug-ins available and does not permit you to include any of your own.
If you participate in and fulfill your services in connection with a Campaign, you will be paid forty-five (45) days after the Campaign is completed. You understand and agree that you need to keep the User Content posted on the applicable Platforms for a period of twelve (12) months after the completion of the Campaign.
In connection with the User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize The Influencer to use all trademark, copyright or other proprietary rights in and to any and all of the User Content to enable use of the User Content in the manner contemplated by the Site and these Terms.
For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant The Influencer a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and the Services, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You understand and agree, however, that The Influencer may retain, but not display, distribute or perform, server copies of the User Content that have been removed or deleted.
You further agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant The Influencer all of the license rights granted herein; and (b) in connection with the User Content, contrary to applicable local, national, and international laws and regulations.
The Influencer does not endorse any User Content or any opinion, recommendation or advice expressed therein, and The Influencer expressly disclaims any and all liability in connection with the User Content. The Influencer does not permit copyright infringing activities and infringement of intellectual property rights on its Site or in connection with the Service. The Influencer will remove User Content if properly notified that such User Content infringes on another's intellectual property rights.
Any opinions and recommendations expressed on the Site or in connection with the Service are those of the person expressing such views and not those of The Influencer. The Influencer is not responsible for and does not assume any liability for the comments and opinions expressed by Users. You agree to hold The Influencer and its members, affiliates, employees free of responsibility for any potentially damaging User Content posted by you.
7. GUIDELINES FOR POSTING OF USER CONTENT
You agree that when using the Service, you will act in a manner consistent with the goals of the Site and the Services. The Influencer reserves the right to remove or delete or change User Content made available on the Service if The Influencer has reasons to believe that it includes:
- adds from Google AdSense;
- pop ups, pop backs or anything similar;
- ads sold by third parties or your behalf or a network you are part of; or
- traffic counters from TNS Gallup other than the Service’s own.
Any violation of the foregoing may result in denying you access to the Service, in addition to making the User Content you have stored and posted unavailable.
You agree that:
- You will not violate any applicable local, state, national or international law, including but not limited to any rule or regulation.
- You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that The Influencer in its sole discretion views as objectionable to the Services, including but not limited to text, graphics, audio and video files.
- You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any third parties, any User, any Brands or representative of The Influencer.
- You will not promote, endorse or generalize the use of drugs, violence and other criminal activities, suicide, bulimia, anorexia, thinspiration or anything similar to the foregoing.
- You may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
- You will not impersonate another person or entity, including but not limited to a The Influencer representative, or communicate under a false name or a name that you are not entitled or authorized to use.
- You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Service.
- You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Site or the Service.
- The Influencer has the right to remove or block User Content that any contains such elements as listed above, with or without prior notice to you. The Influencer does not assume responsibility for any damage, loss or problems that you might suffer during such removal or blocking.
- You are alone responsible for the User Content and consequences of publishing the material. The Influencer does not endorse any User Content, Campaigns or any opinion, recommendation or advice expressed therein, and as a consequence, The Influencer is not be responsible for any such content.
8. Termination of Your user Account
You may terminate your User account at any time terminate by giving written notice to The Influencer via e-mail firstname.lastname@example.org.
In the event that you are in breach of these Terms, The Influencer has the right to immediately terminate your User account, any Campaigns or any and all part of the Service.
If you do not participate in any Campaigns for a period of six (6) consecutive months, your User account will become inactive and The Influencer has the right in its sole discretion to close the account.
In the event that your User account is terminated, The Influencer will send you written notification via e-mail.
9. CHanges to the Service or the SIte
The Influencer may modify or discontinue the Service or the Site, any portion thereof or any service, tool, digital product, product, event or course related to or contained on the Service or the Site without notice to you and without liability to you or any third party, except as otherwise provided in these Terms.
10. DEALINGS WITH THIRD-PARTY PROVIDERS OF GOODS AND SERVICES
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party advertisers or other third party providers of goods or services made available on or through the Site or the Service, and any other term, condition, warranties or representations associated with such dealings, are solely between you and such third-party advertiser or provider and solely at your own risk. You agree that The Influencer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Site or the Service.
11. CONTACTING THE influencer
If you have any questions about the Service generally, these Terms or the Site, please feel free to contact The Influencer at: email@example.com
12. Governing law and venue
These Terms are governed by Norwegian law. Any disputes between you and The Influencer shall be finally settled in the Oslo District Courts, Norway.