PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THATGOVERNS THE JURISDICTION AND VENUE OF DISPUTES, BINDING ARBITRATION ON ANINDIVIDUAL BASIS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS ANDREGULATIONS. THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 18AFFECT HOW DISPUTES WITH #INFLUENCER ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS IN SECTION 18.
Hashtag Influencer Inc., its parents, subsidiaries, and other affiliated companies(collectively “#influencer“, “Us”, or “We”) owns and operates https://hashtaginfluencer.com, and other mobile or affiliated website or mobile applications (including hashtag.bio and affiliated mobile applications) that refer to these Terms of Use (collectively, the “Site“). #influencer operates the Site to provide information and certain services to visitors (the “Services“).
By using the Site or any Services available through the Site, you agree to comply with and be legally bound by the terms, conditions, and restrictions of these Terms of Use (“Terms“). Please read carefully these Terms and our Privacy Policy, which may be found at https://www.hashtaginfluencer.com/privacy-policy and which are incorporated by reference into these Terms. These Terms, together with our Privacy Policy, govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and #influencer. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services.
Individuals who use the Site are referred to as “Users“, “you” and “your”. Suppose you access the Site or accept these Terms on behalf of a company or other legal entity. In that case, you represent and warrant that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity. “We,” “us,” or “our” refer to #influencer. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
#influencer reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Site, Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms will automatically take effect upon posting by #influencer. By continuing to access or use the Site after we have posted a modification, youare indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site.
The Site is intended solely for persons who are (i) 18 or older, or (ii) 13 and older if either (a) an emancipated minor, or (b) he/she possess legal parental or guardian consent. By accessing or using the Site you represent and warrant that you are not legally prohibited from accessing the Site or using the Services under the laws of the country in which you access or use the Site.
The Site allows a User to access information and the Services and provides opportunities for a User to request information, apply for an account, signup for notifications or a newsletter, apply to a position, or engage with #influencer through provided communication options. You agree to provide accurate, current and complete information in all communications with #influencer and in all other use of the Site or Services.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; #influencer and its members do not recommend or endorse the contents of the third-party sites.
hashtaginfluencer.com is not a registered investment, legal, tax advisor, or broker/dealer. All investment/financial opinions expressed by hashtaginfluencer.com are from the personal research and experience of the owner of the site and are intended as educational material. Although best efforts are made to ensure all information is accurate and up to date, occasionally, unintended errors and misprints may occur.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TRANSACTIONS BETWEEN MARKETORS AND INFLUENCERS AND ENTER IN TO AGREEMENTS DIRECTLY WITH EACH OTHER. #INFLUENCER CANNOT AND DOES NOTCONTROL THE CONTENT POSTED BY USERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS CANNOT AND DOES NOT CONTROL THE CONTENT POSTED BY USERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SUCH USER CONTENT, INCLUDING COMPLIANCE WITH APPLICABLE LAWS, RULES, AND GUIDES (SUCH AS FTC GUIDES CONCERNING SPONSORED ENDORSEMENTS, SEC ANTI-TOUTING VIOLATIONS, COPYRIGHT AND TRADEMARKANY AND ALL LIABILITY RELATED TO ANY AND ALL SUCH USER CONTENT, INCLUDING COMPLIANCE WITH APPLICABLE LAWS, RULES, AND GUIDES (SUCH AS FTC GUIDESCONCERNING SPONSORED ENDORSEMENTS, SEC ANTI-TOUTING VIOLATIONS, COPYRIGHT AND TRADEMARK VIOLATIONS). ANY TRANSACTIONS MADE THROUGH SMARTCONTRACTS AND THE TERMS CONTAINED THEREIN ARE CONSIDERED ENFORCEABLE.
#INFLUENCER WILL NOT MAKE ANY BUY OR SELL RECOMMENDATIONS ON OTHER BUSINESSES, CRYPTOCURRENCIES, OR NFTS, ALTHOUGH THERE WILL BE TIME THAT WE DISCUSS SPECIFIC PROJECTS AND THEIR ASSOCIATED BENEFITS. THIS SHALL NOT BE INTERPRETED AS AN ENDORSEMENT OF THE PROJECT OR AS ARE COMMENDATION TO INVEST IN THE PROJECT. IN NO EVENT SHOULD #INFLUENCER BE LIABLE OR RESPONSIBLE FOR LOSSES CAUSED BY ANY INFORMATION AVAILABLE ON THIS SITE. THE MATERIALS ON THIS SITE ARE NOT AN OFFER TO SELL OR A SOLICITATION OFAN OFFER TO BUY ANY CRYPTO CURRENCY OR NFT, NOR SHALL ANY CRYPTOCURRENCY OR NFTBE SOLD TO ANY PERSON IN ANY JURISDICTION IN WHICH SUCH OFFER WOULD BE UNLAWFUL UNDER THE SECURITIES LAWS OF SUCH JURISDICTION. ANY NFTS MINTED ARE MINTED WITH A PARTNER COMPANY AND ARE NOT MINTED BY #INFLUENCER. PURCHASED NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST BY VIRTUE OF THE OWNERSHIP RECORDED AND MAINTAINED IN THE BLOCKCHAIN. ALL SMART CONTRACTS RELATING TO THE PURCHASEDNFTS EXIST SOLELY ON THE BLOCKCHAIN UPON WHICH THEY ARE MINTED. WE HAVE NO CONTROL OVER AND MAKE NO PROMISES OR GUARANTEES WITH RESPECT TO THE OPERATION OR CONTINUATION OF ANY BLOCKCHAIN OR THE OPERATION OF SMART CONTRACTS ON ANY BLOCKCHAIN. YOU AGREE THAT #INFLUENCER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR ANY ISSUES OR LOSSES RELATED TO THE BLOCKCHAIN OR SMART CONTRACTS OPERATING IN ANY WAY NOT EXPECTED. YOU WILL BE SOLELY RESPONSIBLE FOR SECURING YOUR PRIVATE KEY. YOU SHOULD KEEP YOUR PRIVATE KEY SECURE AT ALL TIMES AND NEVER DISCLOSE IT TO ANYONE. ANY PARTY WITH ACCESS TO, OR A COPY OF, YOUR PRIVATE KEY WILL BE ABLE TO TRANSACT AND TAKE ANY ASSETSSTORED IN YOUR WALLET.#influencerdelivers user generated content (“UGC”) in the form of social media posts from a User’s social media networks. You represent that you have the right to use and display the UGC which you make available for use with the Site and Services. Additionally, the UGC does not violate these Terms, any applicable laws, or the intellectual property rights of others. By making UGC available, you represent and warrant that:
• The downloading, copying and use of the UGC will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• You have fully complied with any third-party licensing agreements and/or any applicable Terms of Use relating to the UGC(including the social media platforms upon which the UGC is posted), and have all things necessary to pass through to end users successfully;
• The UGC does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• The UGC is not spam, machine or randomly generated, and does not contain unethical or unwanted commercial content;
• The UGC is not pornographic, does not contain threats or incites violence, and does not violate the privacy of a third party;
By providing us with your UGC, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the UGC solely for the purposes considered in our Services and our service offering, including displaying and distributing the UGC. If you delete UGC, #influencer will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the UGC may not be made immediately unavailable. #influencer does not monitor, review, or edit UGC, but has the right (though not the obligation) to remove or disable access to any User UGC for any or no reason, including but not limited to, UGC that,in #influencer’s sole discretion, violates these Terms. #influencer may take these actions without prior notification to you. Removal or disabling of access to UGC shall be at our that any UGC infringes your intellectual property rights or that any UGC has otherwise infringed your rights under applicable law, please contact us at info@hashtaginfluencer.com sole discretion, and we do not promise to remove or disable access to any specific UGC. #influencer will have no obligation to provide a refund of any amounts previously paid. #influencer is not responsible for UGC nor does it endorse any opinion contained in UGC. If you believe that any UGC infringes your intellectual property rights, or that any UGC has otherwise infringed your rights under applicable law, please contact us at info@Hashtaginfluencer.com.
By using the Site, you represent, warrant and agree to the following:
· You are at least 18 years of age.
· You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Site.
Nothing that you upload, publish, represent, warrant, or transmit using the Site will infringe, misappropriate or violate a third-party patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
· You will not use manual or automated software, devices, scripts, redirects, robots, other means or or other means or processes to access, “scrape,” “crawl, processes to access, “scrape”, “crawl” or“ spider” any web pages or other services contained in the Services.
· You will not use the Site for any commercial or other purposes that are not expressly permitted by these Terms.
· You will not copy, store, or otherwise access any information contained on the Site for purposes not expressly permitted by these Terms.
· You will not interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· You will not impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
· You will not systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
· You will not access, tamper with, or use non-public areas of the site, #influencer’s computer systems, or any third-party provider system.
· You will not attempt to probe, scan, or test the vulnerability of any #influencer system or network or breach any security or authentication measures.
· You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Hashtaginfluencer or any of #influencer’sproviders or any other third party (including other Users) to protect the Site.
· You will not advocate, encourage, or assist any third party in doing any of the foregoing.
· You agree that you are using our Site at your own risk.
#influencer will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. #influencer may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
You acknowledge that #influencer has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or another governmental body.
By selecting a paid subscription, you agree to pay #influencer the monthly fees associated/indicated for that service. Subscriptions are billed in advance for the period selected. Upon completion of that time period (not related to the or credits for partial months of service, upgrades/downgrades, or refunds for monthscancellation of the Service), you will be automatically billed for the following period. Payment can be made via credit card and on the Site, or another agreed-upon method. For any upgrade or downgrade in plan level, the credit card you provide will automatically be charged the new rate on your next billing cycle. Unless you notify us before the end of the applicable subscription period that you wish to cancel your paid subscription, your subscription will automatically renew and you authorize us credits for partial months of service, upgrades/downgrades, or refunds for months cancellation to collect the then applicable subscription fee. There will be no refunds orcredits for partial months of service, upgrades/downgrades, or refunds formonths with inactive usage. No exceptions will be made.
Additional payouts via gift card for Users between the ages of 13 to 17 are subject to the terms of any applicable regulations and our third-party gift card provider, Tremendous. Gift cards will be subject to the terms and conditions of the gift card provided, and we do not make any promises about the restrictions that may be included under the gift card’s terms and conditions. As part of payment tracking, we may request personally identifiable information (PII) as part of compliance required by applicable tax and other laws with government agencies. Our third-party partner Persona will manage all PII information and will not be seen by us. Persona’s terms will apply when a User is required to verify, either through usage of our Sites and Services or as required by law.
The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of #influencer and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services.
The Site may contain links to third-party websites or resources. You acknowledge and agree that #influencer 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 #influencer. 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. You agree to be bound by the terms of service of any third-party providers that are tied to our platform.
#influencer may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Site. 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 #influencer 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.
All trademarks, service marks, logos, trade names and any other proprietary designations of #influencer used herein are trademarks or registered trademarks of #influencer. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
All product and company names are trademarks or registered trademarks of their respective holders. Use of them does not imply and affiliation with or endorsement by them.
Any product names, logos, brands, and other trademarks or images featured or referred to within the hashtag influencer.com website are the property of the respective trademark holders. These trade markholders are not affiliated with #influencer, our products, or our websites. They do not sponsor or endorse #influencer or any of our products.
We may, in our 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 our Site.
IF YOU CHOOSE TO USE THE SITE OR SERVICE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, #INFLUENCER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. #INFLUENCER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. #INFLUENCER MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES REMAINS WITH YOU. NEITHER #INFLUENCER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ANY SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ONWARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT #INFLUENCER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold #influencer and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with(a) your access to or use of the Site, or your violation of these Terms; (b) your reliance on the Site; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the Site caused damage to a third party. #influencer shall have the right to control all defense and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without #influencer’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. #influencer may assign or transfer these Terms,at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required here under, including those regarding modifications to these Terms, will be in writing and given by #influencer by posting to the website or via electronic mail. For notices or communications by #influencer made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.
You agree that (i) the Site shall be deemed solely based in Florida, and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over #influencer, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in Broward County, Florida for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, asset forth in the Dispute Resolution Provision below.
YOU AND #INFLUENCER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
These Terms are intended to govern the agreement between #influencer and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid o unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
You and #influencer agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and #influencer are each waiving the right to atrial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and #influencerotherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-RelatedDisputes (the “AAA Rules”) then in effect, except as modified by this “DisputeResolution” section. (The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org/ and a separate form for California residents at www.adr.org/. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. Suppose the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration. In that case, the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and #influencer otherwise agree, the arbitration will be conducted in the county where you reside. Suppose your claim does not exceed $10,000. In that case, the arbitration will be conducted solely on the basis of documents you and #influencer submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’sDecision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction there of. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided by applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, suppose your claim for damages does not exceed $20,000. In that case, #influencer will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).NoClass Action.
YOU AND #INFLUENCER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any theform of a representative or class proceeding.
Changes. Notwithstanding the provisions of the“Modification” section above, if #influencer amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified by these Terms. You may reject any such change by sending us written notice (including by email to info@Hashtaginfluencer.com)within 30 days of the date such change became effective, as indicated in the“Last Updated Date” above or in the date of #influencer’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and #influencer in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Enforceability. If the “No Class Action” section of this DisputeResolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
Right to Opt-Out of Arbitration and Class Action/Jury Trial Waiver: You may opt-out of this arbitration and class action/jury trial waiver provision by notifying us in writing within 30 days of the date you first registered for the Services. To opt-out, you must send a written notification to #influencer Technologies, Inc., 1221 Brickell AvenueSuite 900- #269 Miami, FL 33131 that includes (a) your account username, (b)your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt-out of the above arbitration and classaction/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to info@Hashtaginfluencer.com.
#influencer makes no claim that the Site is appropriate or may be downloaded outside of the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing us at info@Hashtaginfluencer.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of #influencer and you hereby irrevocably assign to #influencer and agree to irrevocably assign to #influencer all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At #influencer’s request and expense, you will execute documents and take such further acts as #influencer may reasonably request to assist #influencer to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you are a copyright owner or an agent thereof and believe that any 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 a single notification covers multiple copyrighted works at a single website location, 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 thatis 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.
#influencer’s designated Copyright Agent to receive notifications of claimed infringement is #influencer, Inc., email: info@Hashtaginfluencer.com, address: 1221 Brickell Avenue Suite 900- #269Miami, FL 33131. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
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 UserSubmission 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 a 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 Broward County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
· If the Copyright Agent receives a counter-notice, we may send a copy 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.
The failure of #influencer to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of #influencer. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the entire and exclusive understanding and agreement between #influencer and you regarding the Site and supersede and replace any and all prior oral or written understandings or agreements between #influencer and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.
