Inflooense, LLC ("Inflooense", "our", "we", "us") has created the world's first social influence mobile application, along with a "suite of technologies" with room for everyone. The Inflooense.com website, the Inflooense mobile app, e-commerce plugins, and other Inflooense software collectively make up the Inflooense Suite of Technologies ("SOT"). Your use of the Inflooense SOT is subject to the following terms and conditions. By accessing the SOT, you acknowledge that you have read and accept these terms and conditions.
The Inflooense SOT is not intended for or directed to anyone under the age of 13. To register and create an account on the Inflooense SOT, you must be at least 13 years of age. Please also refer to our Privacy Policy regarding this notification.
When you use the Inflooense SOT, you are communicating with us electronically, and you consent to receiving communications from us electronically. You acknowledge and 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. In-app messages and push notifications are a part of the electronic communications.
By using the Inflooense App, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use the Inflooense app, and that any and all such charges will solely be your responsibility.
As used in these Terms (including our Privacy Policy), the following terms shall have the meanings set forth below:
Inflooense reserves the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate the Inflooense SOT or any portion thereof; (ii) restrict, limit, suspend or terminate your access to the Inflooense SOT or any portion thereof; (iii) remove any or all of your Content from the Inflooense SOT; (iv) monitor your use of the Inflooense SOT to verify compliance with these Terms and/or any applicable law; (v) investigate any suspected or alleged misuse of the Inflooense SOT and cooperate with law enforcement in such investigation; and (vi) disclose information about your use of the Inflooense SOT in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena.
To use the Inflooense SOT, you must register and create an account on the Inflooense SOT by providing your name & email address. If you have an account with Facebook, you can also register on the Inflooense SOT using your Facebook account, provided that you allow us to access and import your profile (including your name, email address, and profile photo) from Facebook, as the case may be, to the Inflooense SOT. By registering, you represent and warrant that: (i) you are at least 13 years of age; (ii) all account registration and profile information you submit to us (or allow us to import from Facebook is your own information and is truthful and accurate; and (iii) your use of the Inflooense SOT does not violate any applicable law. Your account may be cancelled or terminated without warning if we have any reason to believe that you have misrepresented information or provided false information to us.
It is your responsibility to notify us of any changes of your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all uses of your username and password. If you allow others to use your account, you are responsible for all their activities on your account.
As a User, and subject to these Terms, you may use the Inflooense SOT and specifically the Inflooense app to:
(i) view Retail Owner Content and products that you purchased through our SOT and,
(ii) post User Content with INFL.SE Link for viewing by others.
As a User, you may be able to earn referral fees on the Inflooense SOT ("Inflooenser Earnings") from the photos and images posted by you, and other users that identify and promote specific Retailer's products that you, or they purchased. Inflooenser Earnings are calculated and determined by Inflooense based on an earnings model that rewards for linked purchases of promoted products, influencing purchases and driving sales of linked products by others as well as the collective retail value as set up by Inflooense.
On the "Earnings Pie" of the Inflooense app, you see how much you earned as an Inflooenser. Inflooenser Earnings will be paid to you upon request on a weekly basis based on a first in request basis of available funds. We will make Automated Clearing Hourse payments on a scheduled weekly basis, there is a minimum withdrawal amount of $10 and earnings will not be available until earnings exceeds $10. Each withdrawal incurs a $1 transaction fee. In the event you wish to discontinue the use of Inflooense App, and obtain a balance that is under $10, please email support@inflooense.com directly to request a withdrawal.
Whether as a User (Inflooenser) or as a Retail Owner, you may not:
To report any abuse or misuse of the Inflooense SOT, please contact us at support@inflooense.com
As a User, it is solely and entirely your responsibility:
When posting a picture to social media as an Inflooenser, you must clearly disclose the nature of your product endorsement in each and every post. It is a violation of these Terms if you do not disclose that you might get paid for displaying any given product though the Inflooense app, and such a violation may be grounds for account suspension or termination. The exact way you comply with this is up to you, so long as you are clear. For example, you might say "I am a participant with Inflooense LLC, an program designed to provide a means for users to earn advertising fees by promoting retailer products on social media." Alternatively, you might add any of "#sponsored", "#ad", or "#promotion" to your Inflooense posts. For more information regarding FTC guidelines concerning endorsement disclosures, please visit: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.
By using the Inflooense SOT, you expressly acknowledge and agree as follows:
The Inflooense SOT and all Inflooense Content, Inflooense Software and Inflooense Marks constitute the proprietary property of Inflooense and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Subject to these Terms, Inflooense grants to you a limited, conditional, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access the Inflooense SOT, Inflooense Software and Inflooense Content for your own lawful use only. You acknowledge and agree that: (i) this limited license is expressly conditioned upon your full compliance with these Terms, the terms and policies of the applicable Third Party Providers, and all applicable laws; and (ii) this limited license may be revoked and terminated by Inflooense at any time and for any reason (including, without limitation, if you violate any of these Terms or any applicable law). Any use of the Inflooense SOT, Inflooense Software or Inflooense Content other than as expressly permitted by these Terms is strictly prohibited. All rights in and to the Inflooense SOT, Inflooense Software and Inflooense Content that are not expressly granted herein are reserved by Inflooense.
All Retail Owner Content (including product feeds and Retail Owner Marks) will remain the property of the applicable Retail Owners, and all User Content will remain the property of the applicable Users. Inflooense does not claim ownership of any Retail Owner Content or User Content. However, by using the Inflooense SOT, you expressly and irrevocably grant to Inflooense a worldwide, non-exclusive, freely transferable, freely assignable, freely sublicensable, and fully paid-up license to store, cache, index, use, copy, reproduce, publicly display, publicly perform, publish and distribute all your Content (including your own likeness and photographs comprised in your User Content) for the purposes of and in connection with operating, managing, maintaining, improving, advertising, promoting and publicizing the Inflooense SOT. You acknowledge and agree that: (i) the foregoing license is not revocable or terminable by you and will continue in effect for as long as you maintain an account on the Inflooense SOT; and (ii) in the event you discontinue use of the Inflooense SOT by canceling your account, Inflooense may retain backup copies of all your Content indefinitely for Inflooense internal archival and recordkeeping purposes.
Also, by using the Inflooense SOT, you expressly allow other Retail Owners and Users to access and view your Content on the Inflooense SOT, and you acknowledge and agree that Inflooense has no control over and shall not be held responsible or liable for others' use or misuse of your Content.
By using the Inflooense SOT, you represent and warrant that you own or control all rights in and to your Content and that, to the extent your Content includes or utilizes any third-party property (such as material created by another person, or another person's name, voice, signature, photograph or likeness), you have secured all necessary rights, licenses, consents and releases (i) for the inclusion/use of such third-party property in your Content and (ii) for our use, publication and display of your Content on and in connection with the Inflooense SOT.
We assume no responsibility or obligation to screen any Retail Owner Content or User Content or to monitor the Inflooense SOT for inappropriate Retail Owner Content or User Content. However, we do reserve the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any Retail Owner Content or User Content that, in our sole judgment, violates these Terms or any applicable law, or may expose or subject Inflooense to liability of any kind, or may adversely affect the reputation or goodwill of Inflooense. If a user is banned, the outstanding links associated with that user will be redirected to www.inflooense.com.
To comply with the Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including expediently removing or disabling access to the allegedly infringing Retail Owner Content or User Content (as the case may be). We also have a policy of terminating, in appropriate circumstances, the account of anyone that is determined by us to be a repeat infringer.
If you believe that your copyrighted work is being infringed on an Inflooense site, please notify our Designated Agent, preferably by email, at:
Inflooense, LLCCopyright takedown notifications must include the following elements. Without this information, we will be unable to take action on your request:
Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature at the bottom of your complaint.
If you are planning to submit a copyright counter notification, it must include the following specific elements.
The Inflooense SOT may contain links to third-party websites or products or services, such as those of Third Party Providers and Retail Owners (each, a "Linked Third-Party Site/Product/Service"). Such links do not constitute or imply Inflooense approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. Inflooense is not responsible for and makes no representation or warranty, whether express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you visit a Linked Third-Party Site/Product/Service, you are subject to that third party's terms and policies, and not these Terms. Any right or claim you may have concerning a Linked Third-Party Site/Product/Service can only be asserted directly against the third party that operates or provides that Linked Third-Party Site/Product/Service.
UNLESS EXPRESSLY OTHERWISE STATED BY INFLOOENSE AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
(i) INFLOOENSE MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFLOOENSE SOT OR ANY INFLOOENSE SOFTWARE OR INFLOOENSE CONTENT;
(ii) THE INFLOOENSE SOT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; AND
(iii) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INFLOOENSE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFLOOENSE SOT AND ALL INFLOOENSE SOFTWARE AND INFLOOENSE CONTENT; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INFLOOENSE DOES NOT WARRANT THAT THE INFLOOENSE SOT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE INFLOOENSE SOT WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT OR INFORMATION (REGARDLESS OF WHETHER IT COMES FROM A RETAIL OWNER, FROM A USER, OR FROM INFLOOENSE) ON THE INFLOOENSE SOT WILL BE ACCURATE, RELIABLE, COMPLETE OR UP TO DATE; OR THAT YOUR USE OF THE INFLOOENSE SOT WILL PRODUCE ANY DESIRED RESULT (SUCH AS MAKING AN ACTUAL SALE IF YOU ARE A RETAIL OWNER, OR EARNING ANY USER REFERRAL FEES IF YOU ARE A USER).
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
IN NO EVENT SHALL INFLOOENSE OR ANY INFLOOENSE SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT OR CONTRACTOR BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOST REVENUES, LOST SALES, AND LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE INFLOOENSE SOT OR YOUR USE OF (OR YOUR INABILITY TO USE) THE INFLOOENSE SOT, EVEN IF INFLOOENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BY USING THE INFLOOENSE SOT WHETHER AS A RETAIL OWNER OR AS A USER, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS INFLOOENSE AND ALL INFLOOENSE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS, CONSULTANTS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO ANY OF THE FOLLOWING:
(i) YOUR USE OF (OR YOUR INABILITY TO USE) OR YOUR RELIANCE UPON THE INFLOOENSE SOT OR ANY CONTENT OR INFORMATION ON THE INFLOOENSE SOT;
(ii) ANY OF YOUR CONTENT;
(iii) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW; AND/OR
(iv) ANY TRANSACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY OTHER PERSON OR ENTITY (OTHER THAN INFLOOENSE), INCLUDING, WITHOUT LIMITATION, ANY SALE OR PURCHASE TRANSACTION TO WHICH YOU ARE A PARTY.
All Inflooense Software may be subject to U.S. export control laws and regulations. No Inflooense Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any other Country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing or using any Inflooense Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export any Inflooense Software or any underlying information or technology except in full compliance with U.S. export control laws and regulations.
The Inflooense SOT is operated by Inflooense in and from the U.S. We do not represent or warrant that the Inflooense SOT or any Inflooense Software or Inflooense Content is appropriate or available for use in locations outside the U.S. If you access the Inflooense SOT from a jurisdiction outside the U.S., you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of the Inflooense SOT.
You and we are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or any Retail Owner. You will have no authority to make or accept any offers or representations on our or any Retail Owner's behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Terms, you will be deemed to have taken the action yourself.
These Terms are governed by and shall be construed in accordance with the laws of the State of New York, U.S.A. (without regard to the conflict of laws provisions thereof) and the U.S. Federal Arbitration Act (with respect to dispute resolution).
YOU AND INFLOOENSE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND INFLOOENSE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If any provision contained in these Terms is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms shall not be affected and shall remain in full force and effect.
A failure by Inflooense to exercise or enforce any right or provision under these Terms of Service does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms of Service will only be effective if it is in writing and signed by Inflooense.
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