PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM
What's in these terms?
These terms tell you the rules for using our website https://www.influencer.com/ (our “Platform”).
Who we are and how to contact us
https://www.influencer.com/ is a platform owned and operated by Influencer Ltd and its affiliate group companies, which includes, without limitation, Influencer Labs Inc ("We" “Us” “Our” “Influencer Group”). Influencer Ltd is registered in England and Wales under company number 09589798 and have our registered office at Floor 2, 51-53 Great Marlborough Street, London, England, W1F 7JT.
To contact us, please email contact@influencer.com.
By using our Platform you accept these terms
By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Platform.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our Platform:
• Our Privacy Policy can be found here: https://www.influencer.com/privacy where you can find out more about how we process data and personal.
• If you are a content creator participating in any advertising and/or marketing campaigns with brands (“Campaign(s)”) facilitated through our Platform, we have two sets of creator terms and conditions that may apply to you depending on which entity of the Influencer Group you are entering into an agreement with, namely if the Campaign you are participating is arranged by:
- Influencer Ltd, then our English creator terms and conditions will apply to you, and can be found here: https://www.influencer.com/creator-terms-and-conditions-gb
- Influencer Labs Inc, then our US creator terms and conditions will apply to you, and can be found here: https://www.influencer.com/creator-terms-and-conditions-us
• Before you accept or otherwise proceed with any Campaign, you will be able to access information concerning the applicable Campaign commercial and legal terms in a work order (“SOW”), and such SOW will also confirm which entity you are entering into an agreement with and therefore which terms will apply to you. You are not obliged to proceed with any Campaign, but if you decide to proceed with any Campaign facilitated by our Platform, you agree to be bound the applicable terms which apply.
• If you are a brand participating in any Campaigns facilitated through our Platform, then we will likely have a separate master services agreement with you, the terms and conditions thereof will apply to you.
We may make changes to these terms
We may amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our Platform
We may update and change our Platform from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes so you can understand how they may affect you and your use of our Platform.
Using our Platform for participating in Campaigns
Creators
Whilst our Platform is made available to access free of charge, you must be 18 or over to use our Platform if you are to participate in any Campaigns. If you are a creator and would like to participate in any Campaigns, the way that our Platform works is that we will present creators a proposal setting out, amongst other things, the required deliverables and available budget / fees in connection with each Campaign in the SOW. Should you decide to go ahead and participate in that Campaign, you can click ‘accept’ to the applicable terms and conditions and fees set out in the SOW proposed. Once the Campaign is completed, you can send us an invoice for the work that you have completed, and we will pay you those agreed fees set out in the SOW for the services that you have rendered to us, subject to the applicable terms and conditions of the Campaign and in accordance with the billing information you have provided via the Platform. For us to process payments to you for the services you have provided, please ensure that your profile details and billing information, where prompted, is complete and accurate. See the heading ‘There are other terms that may apply to you’ for further details about terms and conditions that apply to Campaigns.
Brands
If you are a brand using our Platform, you will be able to manage your Campaign and select the creators that you wish to work with in connection with that Campaign through our brand portal ‘Waves’. To that end, we can help to put together a shortlist of suitable candidate creators for the Campaign using data points which align with your brand and Campaign goals. When you approve the creators shortlisted through the brand portal on our Platform, you are agreeing to work with those creators and will have approved those creators for the Campaign and such approval shall be binding in so far that the approval process is concerned pursuant to any services agreement between us.
We may suspend or withdraw our Platform
We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation within the Influencer Group or otherwise. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing us at contact@influencer.com.
How you may use material on our Platform
We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use, for example copies of SOWs for Campaigns that you have participated in for your own archival purposes and/or invoices raised against or uploaded to your profile in connection with such Campaigns in case you need copies of them to file along with any tax authority from time to time, or for such other obligations that may be required by law.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.If you print off, copy, download, share or repost any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to, our Platform. This includes using (or permitting, authorising or attempting the use of):
• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Reliance on information on this Platform
The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. Where you are participating in any Campaigns through our Platform, you understand that you are agreeing to be bound by certain terms and conditions which are legally binding. You must obtain independent professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform, including without limitation with respect to the applicable terms of any Campaigns which you agree to participate in.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked website or information you may obtain from them.We have no control over the contents of those websites or resources.
User-generated content is not approved by us
To the extent that any user is able to upload any user generated materials on our Platform, please note that this information and these materials have not been verified or approved by us and we accept no liability connection therewith.
The views expressed by other users on or off of our Platform do not represent our views or values.
How to complain about or report content
If you become aware of any material that you think could comprise or be connected any illegal activities, please contact us immediately contact@influencer.com.
If you wish to complain about any other content, please contact us by writing to us at contact@influencer.com.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
• Please note that our Platform is not intended for consumers.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability may apply to liability arising as a result of your participation with any Campaigns as set out in above, see the heading “There are other terms that may apply to you” for further information.
If you are a brand or a creator:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Platform; or
- use of or reliance on any content displayed on our Platform.
• In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
How we may use your personal information
We will only use your personal information as set out in our https://www.influencer.com/privacy.
Uploading content to our Platform
Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our ‘Acceptable Use Policy’, which is set out below:
Prohibited uses
• You may not use our Platform:
• You may not use our Platform:In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, further details below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To upload terrorist content.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of these terms of.
• Not to access without authority, interfere with, damage or disrupt:
- any part of our Platform;
- any equipment or network on which our Platform is stored;
- any software used in the provision of our Platform; or
- any equipment or network or software owned or used by any third party.
Content standards
These content standards apply to any information and all material which you contribute to our Platform (“Contribution”). The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us or any member of the Influencer Group, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.
For the avoidance of doubt, for any Contribution in the form of video content:
• You must tell us immediately, if you upload a video containing any of the following: (i) criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), (ii) unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating, and (iii) other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a video containing harmful material.
• You must not upload a video containing advertising for any of the following:cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
• for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
Any advertising included in a video you upload must not:
• prejudice respect for human dignity;
• include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
• encourage behaviour prejudicial to health or safety;
• encourage behaviour grossly prejudicial to the protection of the environment;
• cause physical, mental or moral detriment to persons under the age of 18;
• directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
• directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
• exploit the trust of such persons in parents, teachers or others; or
• unreasonably show such persons in dangerous situations.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use contained herein upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Platform.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy.
The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform (principally the brands you are working with pursuant to any Campaigns you are participating in) a limited licence to use, store and copy that content and to distribute and make it available to third parties as may be set out in any SOWs from time to time. The rights you license to us and the brands are detailed under the heading ‘There are other terms that may apply to you’.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy detailed above.
If you wish to contact us in relation to content you have uploaded to our Platform and that we have taken down, please contact us by writing to contact@influencer.com.
You are solely responsible for securing and backing up your content.You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
Rights you are giving us to use material you upload
When you upload or post content to our Platform, you grant us the following rights to use that content in accordance with the applicable terms and conditions that may apply from time to time, please see the heading above ‘There are other terms that may apply to you’ for further details about the rights that you grant us and/or brands.
We are not responsible for viruses
We do not guarantee that our Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
Rules about linking to our Platform
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
If you wish to link to or make any use of content on our Platform other than that set out above, please contact us by writing to contact@influencer.com.
Which country's laws apply to any disputes?
You and we both agree that these terms of use, their subject matter and their formation (and any non-contractual disputes or claims arising therefrom) shall be governed and construed in accordance with English law and that courts of England and Wales will have exclusive jurisdiction.
Our unregistered and registered trade marks
and ‘WORD OF MOUTH REDEFINED’ are registered trade marks owned by the Influencer Group. ‘TRUE HUMAN INFLUENCE’ is a mark used by the Influencer Group in the course of trade and the Influencer Group reserves all rights in and to the same. You are not permitted to use them or anything confusingly similar without our approval.