MY INFLUENCY TERMS OF SERVICE
Last updated_10/11/23_.
1. Acceptance of Terms
These Terms of Service (the “Terms of Service”) apply to your (“You” or “your”) use of the MyInfluency application available as an online application located at “www.myinfluency.com” and to any successor website, subdomain, subsite, or mobile application which links to or references these Terms of Service (the “Services”), which are owned and operated by Influency, Inc., (“Company” or “we”).
The Services provide a way for owners of services or products (“Brands”) to hire others (“Influencers”) to review or comment on those services or products on social media and other online platforms. Collectively, Brands and Influencers are “Users”.
You understand that the Services are only a communication channel, and that the Company is not liable for the content of any such communication. Any information that you provide is purely voluntary, and the Company is not liable for the use by any User of our community of information that you provide. The Company does not perform background checks or consumer credit checks on any User in connection with the Services. The Company is neither an agent nor a representative of any User. The Company is not liable for the content of any communication or agreement between Users or for the fulfillment or breach of any terms agreed upon between Users.The Services do not constitute a party in the agreements made between Brands and Influencers. All responsibilities and obligations arising from such agreements solely reside between the agreeing parties.
PLEASE NOTE: Your access to and use of the Services is subject to these Terms of Service, as well as all applicable laws and regulations. Please read these Terms of Service carefully. If you do not accept and agree to be bound by any of these Terms of Service, you are not authorized to access or otherwise use the Services or any information or MyInfluency Content contained on the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Service may be changed, modified, supplemented or updated by Company from time to time without advance notice, and the updated terms may be posted on the Company website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use the Services after such changes are posted; provided, however, that the Company may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new MyInfluency Content or services added to the Services will also be subject to these Terms of Service effective upon the date of any such addition. You are encouraged to review the Services and these Terms of Service periodically for updates and changes. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Service on behalf of that legal entity.
If you have any questions about these Terms of Service, please contact us as described in the Contacting Us section below.
2. Limited License and Site Access; All Rights Reserved Use of the Services is limited to persons 18 year of age or older. Subject to your compliance with these Terms of Service, Company hereby grants you a limited license to access and make personal use of these Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). The Services also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, the “MyInfluency Content”). MyInfluency Content does not include User Content (as defined below). The license granted in this Section does not include any resale use of the Services or the MyInfluency Content; any derivative use of the Services or the MyInfluency Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of MyInfluency Content) retain all right, title, and interest in the Services and any MyInfluency Content offered on these Services, including any and all intellectual property rights. Any software applications available on or through the Services are licensed, not sold, to you. The Company may assign these Terms of Service or any part of them without restrictions. You may not assign these Terms of Service or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third party owners of MyInfluency Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.
3. Services
3.1. Proposal Creation and Review
Brands may use the Services to create campaigns and send proposals containing campaign information and specific details tailored to select Influencers. These proposals highlight the opportunity to participate in a Brand’s marketing activities. Only those Influencers targeted by the Brands will be able to view and/or accept a specific proposal. Upon receiving a proposal, Influencers have the prerogative to review the details and, if in agreement, accept the preliminary terms of the proposal.
3.2. User Content
Influencers can share User Content on and through the Services, as stipulated in their agreements with Brands. “User Content” encompasses text, graphics, images, music, software, audio, video, information, or other materials either created by an Influencer or Brand or shared by a User on or through the Services.
3.3. Agreement Establishment
Once an Influencer accepts the terms of a proposal, the Brand receives a notification of this acceptance. The Brand then has the opportunity to review the acceptance, accept the final terms of the proposal, and proceed with payment. This final acceptance by the Brand, accompanied by payment, solidifies the contract between the Brand and Influencer. Information may be shared between parties as necessary or upon request, such as: (i) first and last names, social media account handles, and contact details, (ii) links to User profiles, or (iii) specifics about the Brand, Influencer, and/or Brand’s activities.
3.4. Notifications
The Services include the provision of notifications to Users based on certain events, such as when an Influencer accepts a proposal or when a Brand accepts the final terms of an agreement. Consent to such notifications is mandatory for platform usage. These can be conveyed through in-app push messages, postings on your account, email, or text messages.
3.5. Payment Procedures
3.5.1. Finalizing Contract with Payment: Upon an Influencer's acceptance of a proposal, the Brand receives a notification prompting them to finalize the agreement with payment. The contract between the Brand and Influencer becomes binding only after the Brand completes its acceptance through successful payment. If the Brand does not finalize the agreement with payment within a stipulated timeframe, the proposal becomes void, and neither party has any further obligations concerning that proposal.
3.5.2. External Payment Processing: The platform uses third-party payment processors, like Stripe, to facilitate financial transactions. Brands and Influencers agree to abide by the third-party payment processor's terms of service and policies. Disputes directly from payment processing will be governed by the third-party processor's dispute resolution procedures. The Company is not obligated to intervene in these disputes but may assist in communication between the parties.
3.6. Dispute and Claim Management
Should issues arise regarding the deliverables or adherence to agreement terms, the platform offers a structured dispute resolution system. Both Brands and Influencers have the capability to lodge claims, contingent upon certain conditions. Precise and comprehensive information is imperative when presenting claims. The Company assesses these claims and may take various actions:
•Refunds: The Company can opt to provide a full or partial refund to the aggrieved party. The conditions for such refunds will be at the Company's discretion.
•Account Suspension or Termination: For serious or repeated violations, the Company can suspend or terminate the offending party's Services access.
•Corrective Actions: The Company may ask the offending party to take corrective actions, like delivering the pending deliverable.
•Clarifications: The Company may seek more information or clarifications from either party.
3.7. Claims by Brands
Brands can initiate claims for reasons such as:
•Non-Submission of Deliverables: If the Influencer gets the product/service but doesn't submit the deliverable.
•Non-Receipt and Non-Submission: If the Influencer hasn't received the product/service and hasn't submitted the deliverable.
•Damaging Brand Image: If the Influencer knowingly tries to tarnish the brand with their deliverable.
For these cases, Brands can file a claim anytime within 14 days following the submission of the deliverable, or anytime if the deliverable hasn’t been submitted within the execution timeframe.
3.8. Claims by Influencers
Influencers can file a claim if:
•Non-Procurement of Necessary Items: The Brand hasn't given the product or service needed for the Influencer to make the deliverable.
Influencers can file a claim anytime within 14 days following the last date in the execution time frame.
4. Additional Terms
Certain areas of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions in order to obtain access to or use of Services. Any additional terms will be made available to you at the time you access that applicable Company Service. If there is a conflict between these Terms and terms and conditions posted for a specific area or a particular Service, the latter terms and conditions will take precedence with respect to your use of or access to that area or particular Services, as applicable.
5. Ownership of the MyInfluency Content and Services
5.1.Except as otherwise expressly stated, all MyInfluency Content appearing on the Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all MyInfluency Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.
5.2. You may download information from the Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or MyInfluency Content obtained from these Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of MyInfluency Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of MyInfluency Content or the Services will not infringe rights of third parties.
5.3 Proposal Acceptance Integration
In our ongoing efforts to clarify agreements, it's crucial to recognize that the unique content or agreements formulated through proposals between Brands and Influencers come with distinct ownership and usage dynamics, rooted in the terms mutually agreed upon by both parties. Both Brands and Influencers are obligated to understand and accept the stipulations outlined in the proposal acceptance procedure, particularly concerning content ownership, usage rights, and any potential disputes pertaining to content ownership.
6. Ownership of Information submitted via the Services
6.1. Except as set forth in our Privacy Policy, any communication or User Content will be considered non-confidential. No compensation will be paid with respect to Company’s use of any User Content, unless otherwise expressly stated in writing by the Company. The Company shall have no obligation to preserve, return, or otherwise make available to you or others any User Content.
6.2. Except as set forth in our Privacy Policy, the Company does not claim ownership of your User Content in its original form. However, by submitting any of your User Content available on or through the Services, you grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, to use, edit, view, copy, adapt, modify, distribute, host, market, transfer, display, perform, transmit, stream, broadcast, and promote such User Content on the Services, our social media pages, in advertisements, and on our website, as well as any other medium now known or later developed. For the avoidance of doubt, the license granted in this paragraph gives the Company the right to use your User Content beyond the scope of the Service. However, Company will not sublicense your User Content to Brands or third parties without your direct authorization.
6.3. Subject to our Privacy Policy and limits under applicable law regarding identifiable information, by providing your User Content to the Company, you waive any privacy expectations you might have concerning that User Content. You acknowledge that the Company is the full owner of any content or information derived from such User Content. You agree to hold the Company and its affiliates harmless from any claims arising in connection with your User Content and waive any right to pursue such claims. You further agree that your User Content will be accurate and not intended to mislead or harm any party. You agree to indemnify the Company against any claims or damages caused by your User Content.
6.4. If another third-party or User shares their User Content with you, or if you access any User Content through the Services, you will not gain any rights to such User Content due to your use of the Services. You must maintain the confidentiality of such User Content. You agree that you're liable for any breaches of these obligations, and you will indemnify the Company for any breaches related to the unauthorized use or disclosure of such User Content.
6.3. Subject to our Privacy Policy, and limits under applicable law with regard to identifiable information, you understand and intend that by providing your User Content to the Company, you hereby waive any privacy expectations that you may have with respect to any such User Content. You hereby agree, subject to the Privacy Policy and applicable law, that the Company is the full owner of all right, title, and interest in any content or information extracted, derived, or otherwise created from such User Content, and you agree to hold the Company and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any the Company site, or any other use authorized under these Terms, of your User Content. You further hereby agree that any User Content by you will be accurate and will not be intended to mislead, harm or cause damage to Company, any User, any third party or any other party, and you agree to indemnify, defend and hold harmless Company against any and all claims, liabilities and damages caused by any User Content from you or any third party.
6.4. You understand and agree that, if any other third-party or User shares or provides you with access to their User Content, or if you otherwise access any User Content through the Services, you will not obtain, as a result of your use of the Services, any right, title, or interest in or to such User Content. You agree to maintain the confidentiality and integrity of such User Content and/or to any shared Content and to use or disclose such User Content and/or MyInfluency Content only as authorized by their owner. You understand and agree that you shall be solely liable for any damages arising out of or related to your breach of these obligations, and you agree to indemnify the Company for any liabilities or damages arising out of or related to any breach of your duty to maintain the confidentiality and integrity of such User Content and/or any shared MyInfluency Content and to use or disclose such User Content and/or MyInfluency Content only as authorized by their owner.
7. Digital Millennium Copyright Act
7.1. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website location are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company’s designated Copyright Agent to receive notifications of claimed infringement is Kyle Painting email: kyle.painting@myinfluency.com, address: 7 Executive Park Dr NE, Apt. 2424 Atlanta,GA 30329. MyInfluency’s DMCA registration number is 1033139. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
7.2. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the User Submission that has been removed or to which access has been disabled and the location at which the User Submission appeared before it was removed or disabled;
A statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the User Submission; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
8. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.8.2. Interaction with External Links
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
9. Advertisements
Company may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that Company is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.
10. Feedback
Please be advised that if you send or submit to the Company creative ideas, suggestions, inventions, or materials (“Feedback”), the Company shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.10.2 No Obligation for Use
While the Company values your feedback, you acknowledge and agree that Company is not required to act on, use, or respond to any Feedback or to attribute it to you. You hereby release and forever discharge the Company from any claims you might make in connection with our use, disclosure, or commercialization in any medium or format of any Feedback.
11. Privacy
Your privacy is important to us. We maintain our Privacy Policy here. We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy. We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site. We encourage you to periodically check the Site for updates. If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.
11.2. User Obligations
You acknowledge and agree that it is your responsibility to review our Privacy Policy and to be aware of any modifications. If any modification is unacceptable to you, you should cease using the Services. Your continued use of the Services after the revised Privacy Policy has been posted will constitute your acceptance of the changes.
11.3. Information Security
While we strive to protect your personal information, we cannot ensure or warrant the security of any information transmitted to us, and you do so at your own risk. We have implemented technical, administrative, and physical security measures designed to protect personal data from unauthorized access, disclosure, use, and modification, but we cannot guarantee their effectiveness.
12. Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Services, and Company reserves the right to change the access configuration of the Services at any time without prior notice.
12.1. Service Interruptions
You acknowledge that due to the inherent nature of the internet, disruptions, slowdowns, and outages may occur in your access to the Services. While we strive to ensure the Services are available and functional, we cannot guarantee uninterrupted or flawless service. Company will not be liable for any loss or damage arising from such interruptions, slowdowns, or outages.
12.2. Software Updates
From time to time, we may require users to install updates or upgrades to continue accessing and using the Services. It is your responsibility to install any such updates or upgrades promptly.
12.3. Security
You are responsible for ensuring that any hardware, software, or systems used to access the Services are secure and free from viruses, malware, and other malicious software. Company is not responsible for any damage or loss that may be caused by your failure to adequately secure your systems.
13. Profiles and Accounts
13.1. Profiles.
When you register with us for access to the Services and successfully complete the account registration process you will become a “User” of the Services. As a User, you will have the opportunity to create a profile (“Profile”) and to add information, data, and images to your Profile) (“Profile Content.) All Users are responsible for monitoring the Profile Content uploaded or added to their Profile. Please note that you, and not Company, are responsible for maintaining and protecting all Profile Content. Company will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content. You understand and intend that allowing access to your Profile or otherwise sharing or disclosing any information with a Third Party pursuant to this Section is authorized by you and will not be considered a “disclosure,” access, or use of information by the Company for any purposes. You are responsible for using the Services in a manner that complies with the law.
13.2. Accounts
13.2.1. In order to access the Services, including to (i) create and manage a Profile or (ii) post any Profile Content through the Services, you must register to create an account (“Account”) and become a User. Your Account is subject to verification and approval by Company. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Company does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Company if you become aware of any unauthorized use of your Account.
13.2.2. You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of third parties that are expressly authorized by a User to assist in the creation of the User’s account, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
13.3. Proposal and Agreement
Upon an Influencer's acceptance of a Brand's proposal and subsequent completion of the Brand's payment, an agreement is established between the two parties. This agreement dictates the Influencer's obligations to provide the stipulated deliverable within the designated timeframe. Both parties must adhere to the specifics of this agreement, as outlined in the proposal. Breaching this agreement may lead to consequences, as stipulated in the Company's dispute resolution mechanism.
14. User Responsibilities
14.1. Responsibility for Equipment. Use of the Services may require a computer, smartphone, or tablet. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the Users of the Service. Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services.
14.2. Third Party Carriers. The Services communicate via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carrier may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide Services during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.
14.3. Prohibited Use. Any use or attempted use of the Services(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Services, you agree you will not:
14.3.1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
14.3.2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
14.3.3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
14.3.4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
14.3.5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
14.3.6. Use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., flooding continuous posting of repetitive text or denial of service attacks);
14.3.7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
14.3.8. Violate any applicable local, state, national or international law;
14.3.9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
14.3.10. Delete or revise any material posted by any other person or entity;
14.3.11. Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main homepage in accordance with the Limited License and Site Access outlined above;
14.3.12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
14.3.13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
14.3.14. Harvest or otherwise collect information about others, including e-mail addresses;
14.3.15. Use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on these Services; or
14.3.16. Sell or use any MyInfluency Content or information from Services for any commercial purpose or personal pecuniary gain.Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
15. Termination
Company may, in its discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Services. This includes termination because you failed to provide any services, create any User Content, or make any payment which you agreed to provide. You may cancel your Account at any time by contacting us or following the prompts on the site. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Services, including, but not limited to, any reviews or feedback.
16. Internet Risks
You understand that applications, systems, and devices connected to the Internet are subject to inherent risks common to the Internet, such as malicious code, viruses, hackers, and other similar parties, code, or systems. Company has no liability for any applications accessed or downloaded using the Services or for the acts of any third party that may affect the use of the Services. You understand and agree that no data transmitted over the Internet is or can be guaranteed to be completely secure. Company does not guarantee that data submitted or transmitted to Company or through the Services will be free from unauthorized disclosure, access, misappropriation, or intrusion.
17. Right to Monitor
Company neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company's sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Service, or are, in the sole discretion of Company, inconsistent with Company's purpose for these Services.
17.2. Proposal and Contract Monitoring
To maintain the platform's integrity and promote a reliable environment for all users, the Company retains the right to review and monitor proposals made through the Services. Once proposals are mutually accepted by both Brands and Influencers, they take on the weight of binding contracts. The primary objective of this monitoring process is to ensure that all interactions align with the platform's established guidelines and to efficiently address any disputes or discrepancies that may arise between users. By using the Services, users acknowledge and consent to such monitoring.
18. Disclaimer
18.1. MyInfluency Content and other information contained in the Services has been prepared by Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the MyInfluency Content or other information contained in or linked to the Services or any other Website maintained by Company. Users relying on MyInfluency Content or other information from the Services do so at their own risk.
18.2. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MYINFLUENCY CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE MYINFLUENCY CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
18.3. PLEASE NOTE THAT, COMPANY CANNOT AND DOES NOT CONTROL THE INFORMATION CONTAINED IN ANY USER CONTENT. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL USER CONTENT, INCLUDING COMPLIANCE WITH APPLICABLE LAWS, RULES AND GUIDES (SUCH AS FTC GUIDES CONCERNING SPONSORED ENDORSEMENTS ). ANY AGREEMENTS BETWEEN A BRAND AND INFLUENCER WILL BE MADE OR ACCEPTED AT EACH PARTY’S OWN RISK.
18.4. Non-endorsement of Brands or Influencers
The Company does not endorse any Brand, Influencer, or the products or services they offer. While we provide a platform for engagement, decisions to collaborate, and the outcomes of such collaborations, are strictly between the Brand and Influencer. The Company is not a party to these decisions and is not liable for any direct or indirect consequences arising from such collaborations.
19. Limitation of Liability
19.1. YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.
19.2. YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY TO YOU OR TO A THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO THE SERVICES OR TO THESE TERMS OF SERVICE UNDER ANY THEORY. IF, HOWEVER, A COURT OR JUDICIAL OR ADMINISTRATIVE AUTHORITY OF APPROPRIATE JURISDICTION, IN FINAL RULING, DETERMINES THAT THIS PROVISION IS UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
19.3. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
20. Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from these Services, your use of these Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Service
20.1. Survival
This indemnification provision shall survive the termination or expiration of your use of the Services and these Terms of Service.
21. User Disputes
Company reserves the right to resolve any dispute over performance by an Influencer or Brand, including determining whether performance has been completed, payment conditions have been met, or whether payment is due. You agree to submit any dispute between you and another user relating to the performance of agreements between Brand and Influencer’s to Company, and you agree to comply with Company’s final decision in any dispute. If you do not comply with our decision, we may suspend you from using the Services and/or terminate your Account. You release the Company of all claims, demands, and damages in disputes among you, Users, third parties and/or any other party. 21.1. Release
Should you have a dispute with one or more Users, you release Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.21.2. Unresolved Disputes
For disputes that are not resolved within the platform or by Company, we encourage users to report the issue to their local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.21.3. Contact and Notice
For any issue or dispute you may have with Company, you agree to first contact us and attempt to resolve the issue informally. Any notices or other communications provided by Company regarding disputes, will be given: (i) via email if applicable; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.21.4. No Liability
You acknowledge and agree that Company has no liability for your interactions with other users, or for any user's action or inaction. Users should make whatever investigation or precautions they deem necessary or appropriate before proceeding with any online or offline interaction with other users.
22. Social Media Platforms and Websites
22.1. Any information, communications, or material of any type or nature that you submit to our Services through the use of social media integration (including, but not limited to any Company website contained on a social media platform or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Social Media Submission”), is done at your own risk and without any expectation of privacy. The Company cannot control the actions of other users of any social media platform or website and the Company is therefore not responsible for any content or Social Media Submissions contained on such sites and platforms. By visiting any Company Services that are contained on a social media platform or website, you are representing and warranting to the Company that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.
22.2. Additionally, in the event that any one of the Services offers a message board or any other interactive or social-type feature on a website administered directly by the Company, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). Although the Company may take certain precautions to protect those who use these areas of the Company's Services, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don't know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
23. Electronic CommunicationsWhen you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
23.2. Maintaining Current Information
It's your responsibility to keep your email address and other contact information current to ensure that you receive all notices promptly. The Company is not responsible for any lapse in communication due to outdated or incorrect information.
24. General Provisions
24.1. Entire Agreement. These Terms of Service, the Privacy Statement, and other policies Company may post on the Services constitutes the entire agreement between Company and you in connection with your use of the Services and the MyInfluency Content and supersedes any prior agreements between Company and you regarding use of the Services, including prior versions of these Terms of Service.
24.2. Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms of Service are governed by the laws of the State of Georgia, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Service shall be brought exclusively in the federal or state courts located in Atlanta, Maryland and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
24.3. No Agency Relationship. Neither these Terms of Service, nor any MyInfluency Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
24.4. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This one-year limitation applies to all claims against the Company, except for claims related to deliverables or the execution of proposals, which have a separate 14-day timeframe as outlined in the Services section.
24.5. Remedies. You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
25. Mediation and Binding Arbitration Agreement
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.The place of arbitration shall be Atlanta, Georgia The arbitration shall be governed by the laws of the State of Georgia In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
26. Contacting Us.
If you have any questions or concerns about these Terms of Service, please contact us at kyle.painting@myinfluency.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
7 Executive Park Dr. NE
Apt. 2424
Atlanta, GA 30329
27. App Store Terms of Use. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like a Company portal, the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
27.1. These Terms are concluded between you and Company, and not with the App Provider, and that Company (not the App Provider, to the extent the App provider is not Company), is solely responsible for the App.
27.2. To the extent you obtain an App from the Apple App Store, any licenses granted hereunder for the use of the App are limited to a license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.
27.3. Unless expressly stated otherwise in writing by the App Provider, the App Provider has no obligation to furnish any maintenance and support services with respect to the App.
27.4. To the extent the App Provider is not Company, you may notify the App Provider in the event of any failure of the App to conform to any applicable warranty, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. To the extent that Company is not the App Provider, any claims, losses, liabilities, damages, costs or expenses other than the purchase price attributable to any failure to conform to any warranty will be the sole responsibility of Company in accordance with these Terms.
27.5. To the extent the App Provider is not Company, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation.
27.6. To the extent the App Provider is not Company, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Company will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
27.7. To the extent the App Provider is not Company, the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
27.8. You must also comply with all applicable third party terms of service when using the App.
27.9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
27.10. To the extent you obtain an App from the Apple App Store, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the sections of these Terms applicable to the App, and that, upon the your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the applicable End User License Agreement against you as a third party beneficiary thereof.
INFLUENCER GUIDELINES ADDENDUM
MyInfluency believes in the full, fair and effective disclosures of material facts relating to the relationship between Brands and Influencers in accordance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (“FTC Guides”). As such, MyInfluency requires that Influencers adhere to the FTC Guides, the guidelines set forth below and otherwise in this Agreement (collectively, the “Guidelines”) when publishing User Content about a Brands’ products or services. If you an Influencer, in addition to our Terms of Service, you agree to follow these guidelines.
1. Respect Intellectual Property Rights.
Intellectual property is the group of legal rights to works that people create or invent. Intellectual property rights typically include copyright, trademark, and trade secret rights, as well as the right to use someone's name, likeness, image, or voice. Examples include photographs, videos, music (including song lyrics), trademarks/logos, brand names or brand packaging, personal names/likenesses (including celebrities’ names/likenesses), quotes and writings. You should never post or share any content including these elements without obtaining written permission to do so from the third party who owns the rights, as this would constitute a violation or infringement of their intellectual property.This means:
· You should not post or share any works that you do not own or have a proper license to use or have not been authorized by the Brand for usage.
· You should get permission from any third parties featured in photos and other content that you post – for example, a signed release, waiver, or other form of written permission from those third parties – even if you took the photo yourself, know the individuals involved and/or obtained verbal consent.
· If you are unsure about a work, particularly in instances where a work includes a third-party’s trademark/logo, or music, film or television clips, or a celebrity’s name, photo or image, you should check with the Brand before using the work. A good rule of thumb is, if in doubt, do not post it.
2. Disclose Your Connection to the Brand.
When blogging or posting about a Brand or a Brand’s products or services, you must clearly and conspicuously disclose your “material connections” with the Brand (i.e. the fact that your post is “sponsored by Brand”) and include any hashtags such as #ad or #sponsored that are required by the FTC Guides or are otherwise required by MyInfluency or the Brand. “Material connections” may be defined as any connection between Influencer and Brand that could affect the credibility consumers give to that Influencer’s statements. Important examples of “material connections” include consideration (i.e., benefits or incentives such as monetary compensation, loaner products, free products or services, in-kind gifts, or special access privileges) provided by a marketer to a blogger. Note that while MyInfluency and/or the Brand may provide recommendations and options for disclosures, neither MyInfluency or the Brand will be responsible for any failure by you to comply with the FTC Guides or any failure by you to obtain all third party clearances and permissions with respect to content you post.
3. Maintain Clear and Prominent Disclosure.
The above disclosure should be made in close proximity to any statements that you make about a Brand or a Brand’s products or services. This disclosure should be clear and prominent enough for consumers to view it when they are reading your posts. This means that the disclosure should not be buried within a number of other hashtags, behind links or in the Terms and Conditions (or in similar documents). In addition, the consumer should not be required to click on, scroll down or mouse over a link in order to view the disclosure. Please note that this disclosure is required regardless of any space limitations of the medium (e.g., Twitter), where the disclosure can be made via hashtags, such as #sponsored, #paid or #ad (the latter of which preferably at the beginning of the tweet).
4. Give Your Honest and Truthful Opinions.
Your statements should always reflect your honest and truthful opinions and actual experiences. If a statement is not your opinion, but rather something that Client has asked you to say, this fact should be made clear to readers.
5. Only Make Factual Statements
That Are Truthful and Can Be Verified.Only make a factual statement about the Brand or the Brand’s product/service's characteristics or quality which you know for certain is true and can be verified. For example, do not make statements about the performance of a product unless you have support for such claims. Remember that even if you do not expressly state a fact, it may be implied, and these Guidelines apply to both express and implied messages.
6. Do Not Send E-mail Messages on a Brand’s Behalf Unless Expressly Requested to Do So.
Unless expressly requested to do so by a Brand, you are not permitted to send any e-mails on a Brand’s behalf, nor will the Brand provide you any compensation if you send any emails on its behalf.
7. Comply with other policies and laws.
You should comply with the terms, conditions, guidelines and policies of any service that you use and all applicable laws. For instance, if a service says it may not be used for commercial purposes, then you should not promote a Brand or Brand’s products or services on such a site.
8. Protect Your Personal Information.
Protect your privacy by keeping in mind that your posts are public. Don’t share personal or sensitive information about you or your family that you may not want to make available to the public.
9. Respect Others’ Privacy.
Do not include personal information about any third party that has not been voluntarily made available by them for you to share in your posts. This includes any information that may make it possible for someone to reasonably identify another person.
10. User Generated Content.
Use only pre-approved responses provided by the Brand to respond to any user generated comments about the Brand or its products or services. Consult with the Brand on any user generated content that contains a Brand complaint, issue or question.