TERMS OF USE

TERMS OF USE

 

 

ACCEPTANCE OF TERMS

 

THIS AGREEMENT GOVERNS YOUR USE OF IFLUENZ’ WEBSITE.

 

Ifluenz is a website owned and operated by The W Factory, LLC. Ifluenz connects announcers to influent Instagram users (hereinafter: “Ifluenzers”).

 

Any person who wishes to use Ifluenz must agree to the terms and conditions of these Terms of Use, which includes the Ifluenz Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and Ifluenz (The W Factory, LLC).

 

BY USING IFLUENZ, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE IFLUENZ.

 

CHANGES TO THIS AGREEMENT

 

Ifluenz may change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the Service, at any time in its sole discretion. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED ON IFLUENZ'S WEBSITE BEFORE THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES.

 

YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

 

IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE WEBSITE AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

INFORMATION COLLECTED AND STORED BY IFLUENZ


To use certain features of Ifluenz, such as the Ifluenz contact form or registration, this use causes Ifluenz to collect and store your information.

 

For more details about Ifluenz's data collection and data use practices, see Ifluenz's Privacy Policy, which is a part of this Agreement.

 

PRIVACY POLICY

 

Ifluenz knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy is a binding part of Ifluenz's Terms of Use Agreement and explains the type of information Ifluenz collects through its website and what Ifluenz does with it. If you use Ifluenz website, you will be bound by the terms of the Agreement, including this Privacy Policy. This policy may change from time to time so you should check it frequently.

 

Ifluenz is a platform connecting Announcers willing to promote their brands and/or products to influential Instagram users (hereinafter: “Ifluenzers”). We try to match Ifluenzers profiles to Announcers specific campaigns requirements. NOTE: WE DO NOT ATTEMPT TO ANALYZE WEB USAGE DATA TO DETERMINE THE IDENTITY OF ANY IFLUENZ USER.

 

What personal information about users does Ifluenz gather?

 

Information you give us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features, such as submitting enquiries. We use the information that you provide for such purposes as responding to your requests, customizing and improving our services, and communicating with you.

 

Automatic information we collect from our website usage: When you use the Website, we collect information about, the ways in which you use various website features, and the pages you view.

We receive and store certain types of information whenever you interact with our website. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses Ifluenz.com, when you view content served by or on behalf of Ifluenz.com on other Web sites.

 

What about cookies?

 

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser, and through our Toolbar Service, to enable our systems to recognize your browser.

 

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

 

Does Ifluenz share the information it receives?

 

We may share personally identifying information with third parties only as described below.

 

Operations we do not control: We may offer other services that are powered or provided by another company. You can tell when a third party is involved in a given service offering, and, if you choose to use the service, we will share information related to your use of the service with that company. For example, if you use a third-party payment service (such as PayPal) offered through our through our website, we will transmit your IP address to that company so that it can provide you with the requested services.

 

Third-party service providers: We employ other companies and individuals to perform functions on our behalf. Examples include storing and analyzing data, providing customer service. They have access to user information needed to perform their functions.

 

Business transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the event that Ifluenz or substantially all of its assets are acquired, user information will be one of the transferred assets.

 

Protection of Ifluenz and others: We release account and other user information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Ifluenz, our users, or others.

 

Regular operation of Ifluenz: In order for the announcers to verify the campaign promoted by an Ifluenzer, we will share with the announcer the links to the Instagram posts made by the Ifluenzers and their Instagram account handles (@instagramaccountname).

 

With your consent: Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.

 

How Secure Is Information About Me?

 

Ifluenz uses commercially reasonable computer security safeguards to protect its databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data.

Ifluenz segregates certain personally identifiable and other information about your use of Ifluenz's services into separate databases, some of which can be accessed only by a limited number of employees.

 

What Choices Do I Have?

 

You can always choose not to provide personally identifiable information.

 

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

 

Are children allowed to use Ifluenz?

 

Ifluenz does not offer products or services especially made for use by children. If you are under 18, you may use Ifluenz's website only with the involvement of a parent or guardian.

 

POSTING GUIDELINES

 

Announcers creating campaigns and Ifluenzers promoting them may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the service.

 

Ifluenzer’s Instagram account must be public.

 

Ifluenzers, when using their own photos to promote a brand or product, are required to comply with the following:

 

  • the photo has to be taken in a casual setting;

  • the brand or product has to be visible;

  • the brand’s name or the brand’s Instagram handle has to be mentioned in the Instagram post caption;

  • the Instagram post caption has to include a positive comment about the brand or product promoted.

When selecting a campaign to promote, Ifluenzers have 2 days to post an image promoting the product/brand on their Instagram account.

 

Ifluenzers are requested to leave the Instagram post promoting the brand or product on their Instagram account for at least 7 days from the date of submission of their Instagram post on Ifluenz.

 

Ifluenzers that are not fully complying with the posting guidelines described above will not be entitled to receive payment their non-complying promotion.  

 

Announcers, when uploading their own photos to be used by the Ifluenzers, are invited to upload images that:

 

  • show the brand or product in a casual setting (professionally looking  images are easily spotted as advertisement );

  • clearly show the product or the product along with the brand’s name.

 

RIGHTS

 

 

Ifluenz does not claim ownership of any content that you post on or through Ifluenz. Instead, you hereby grant to Ifluenz a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through Ifluenz.

 

For Announcers:

 

You represent and warrant that: (i) you own the content uploaded by you on or through the service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your content on or through the service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you upload on or through the service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

 

Although it is Ifluenz's intention for the service to be available as much as possible, there will be occasions when the service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Ifluenz reserves the right to remove any content from the service for any reason, without prior notice. Content removed from the service may continue to be stored by Ifluenz, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Ifluenz encourages you to maintain your own backup of your content. In other words, Ifluenz is not a backup service and you agree that you will not rely on the service for the purposes of content backup or storage. Ifluenz will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.

 

You agree that Ifluenz is not responsible for, and does not endorse, content posted within or through the Service. Ifluenz does not have any obligation to prescreen, monitor, edit, or remove any content. If your content violates these Terms of Use, you may bear legal responsibility for that content.

 

Except as otherwise described any content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure. You acknowledge and agree that your relationship with Ifluenz is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place Ifluenz in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of Ifluenz, and Ifluenz will not be liable for any use or disclosure of any content you provide.

 

PAYMENT PROCESS

 

Announcers and Ifluenzers must have a PayPal account in order to proceed to the payment for each campaign, respectively to receive the money for a promotion fully completed.

 

When creating campaigns, Advertisers set a budget for each campaign they want to be promoted. At the end of the campaign creation process, they will be required to make the corresponding payment to Ifluenz. This payment will be withheld by Ifluenz until the campaign is fully promoted and validated (campaign completed).

 

Once campaigns are completed, Ifluenzers are able to redeem the money they have earned promoting the campaigns. Ifluenz releases to the Ifluenzers their portion of the payments made by the Advertisers.

 

In the event where a campaign selected by an Ifluenzer is not fully promoted and validated (for example, when the Instagram posts made by the Ifluenzer do not comply with the posting guidelines or if the Ifluenzer does not post within 2 days after selecting the campaign), the Ifluenzer will not be entitled to the related payment as the campaign will be made available to other Ifluenzers for promotion.

 

If a campaign is not fully promoted and validated after 30 days from its creation date, the Advertiser has the right to be fully reimbursed for the payment made for the campaign. Reimbursement will occur on the PayPal account indicated by the Advertiser within 10 days following the reception of the reimbursement request.

 

ACCEPTABLE USE

 

While we encourage you to refer friends, family, colleagues, and others to use Ifluenz, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the content, name, trademarks, or other intellectual property of Ifluenz in conjunction with the sending of unsolicited email, or cause to be used Ifluenz's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Ifluenz's network addresses or Ifluenz-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with Ifluenz include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, MSN, Facebook or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to us.

 

ACCESS TO IFLUENZ'S WEBSITE

 

To use the website, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees.

 

ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

 

Ifluenz may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations.

 

Ifluenz has the right, but not the obligation, to monitor any activity, and content associated with the website. Ifluenz may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the website without notice.

 

Ifluenz may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect Ifluenz's systems and users, to ensure the integrity and operation of Ifluenz's business and systems, or in response to subpoenas, court orders, or legal requirements, Ifluenz may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using Ifluenz you expressly consent to the foregoing use and disclosure.

 

PROPRIETARY RIGHTS

 

Intellectual Property and Copyright Infringement Notice

 

Ifluenz, and all materials on the website including images, text, illustrations, logos, audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, servicemarks, or other proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of Ifluenz and protected by U.S. and foreign laws and international copyright treaties. Material from Ifluenz and from any other service owned, operated, controlled, or licensed by Ifluenz may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Ifluenz's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of Ifluenz's copyrights and other proprietary rights and is strictly prohibited.

 

Notification and procedure for making claims of copyright infringement

 

You may notify Ifluenz if your work has been copied in a way that you believe constitutes copyright infringement.

 

Notification as to be made to: The W Factory, LLC, rue du Saint Julien 184A, 1228 Plan-les-Ouates, Switzerland.

 

If you wish to notify Ifluenz of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

 

a physical or electronic signature of the person authorized to act on behalf of the copyright owner; identification or description of the copyrighted work you claim has been infringed; identification or description of the work you believe is infringing on your copyrighted work and enough information to assist Ifluenz in locating the allegedly infringing work; your address, telephone number, and email address; a statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

 

Trademarks

 

Ifluenz, and other Ifluenz graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Ifluenz in the United States and other countries. Neither Ifluenz's nor their affiliates' trademarks may be used in connection with any product or service that is not Ifluenz's, or its affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Ifluenz, or its affiliates.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless Ifluenz and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the website by you, or by any other person using the Service through you or using your computer.

 

DISCLAIMER OF WARRANTY

 

YOU UNDERSTAND AND AGREE THAT IFLUENZ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF IFLUENZ IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, IFLUENZ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER IFLUENZ NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY RANKING, DESCRIPTION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE WEBSITE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS  DISPLAYED, DISCUSSED, OR REFERENCED USING IFLUENZ; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT IFLUENZ IS NONINFRINGING. IFLUENZ AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE IFLUENZ AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF IFLUENZ OR ITS AFFILIATES.

 

IF YOU PURCHASE A PRODUCT OR SERVICE DISPLAYED BY IFLUENZ OR ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY PART OF THE WEBSITE, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE IFLUENZ AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT OBTAINED THROUGH THE USE OF IFLUENZ IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL IFLUENZ OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF IFLUENZ BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER IFLUENZ, (ii) ANY USE OR INABILITY TO USE IFLUENZ FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH IFLUENZ, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH IFLUENZ, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

 

APPLICABLE LAW; JURISDICTION AND VENUE

 

By visiting Ifluenz.com you agree that this Agreement shall be governed in accordance with the Federal law of Switzerland, without reference to its conflicts of law rules. The courts of Geneva, Switzerland shall have jurisdiction over any dispute relating in any way to your visit to Ifluenz.com, or this Agreement and you consent to exclusive jurisdiction and venue in such courts.

 

GENERAL PROVISIONS

 

Entire Agreement

 

 

This Agreement, which includes Ifluenz Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.

 

 

Severability

 

If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

 

No Waiver

 

Ifluenz's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Ifluenz's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.

 

Any rights not expressly granted herein are reserved.

 

Contact us with questions or problems, as appropriate.