TERMS AND CONDITIONS FOR BRANDS AND PUBLISHERS
Welcome to Radinfluencer.com (“the Site”, “the Service”, “Services”, “Us”, “We,” “Our”, “Company”, “Website”). Rad Influencer allows Brands and Publishers to syndicate their content across Our network of Influencers.
The Site is owned and operated by Rad Intelligence, Inc. (the “Company”, “We”, “Our”, or “Us”). By accessing or using our Site or services you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”), regardless of whether you are a registered user of the Site. By visiting our Site or signing up for any of our services, you engage in our Services (the “Service”, “Services”). These Terms and Conditions apply to all users of the Site who are browsers or customers. You must be at least 16 years old or older to gain access to our website and its contents. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on September 23, 2020.
Section 1 – Account Creation.
You need an account for most services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. The Company may terminate your account and your access to our services for any or no reason at any time in our sole discretion.
You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account.
You may only share your account login credentials with persons who are authorized by You to act on Your behalf. You are responsible for what happens with your account and the Company will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.
Users must be at least 16 years of age and able to form legally binding contracts to create an account on the Site and use the Services. If you are below this age of consent or otherwise unable to form legally binding contracts to use online services, you may not create an account. If we discover that you have created an account that violates these rules, we will terminate your account.
Section 2 – Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
Section 3 – Usage Rules.
You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings or messages.
When communicating directly with members of our team, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your account.
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to the Company above. You understand and agree that we may monitor or review any Content you post as part of our Service. We may delete, or require you to delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Company or our Influencers.
Section 4 – Brand and Publisher Content.
By creating an account and uploading your information, blog posts, pictures, documents, advertisements, or other postings (“Content”) to Our Site, You grant us a worldwide, transferable, sub-licensable, royalty-free, right and license to that Content. Our license to your Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works created through use of the Service. For example, the Company would have an exclusive license to the “microsites” created using Influencer’s likenesses when they post certain Content. You explicitly agree that we may sublicense your Content to our Influencers. Our Influencers’ use of Your content is subject to Our Terms and Conditions for Influencers available below. If at any time you notify us that an Influencer is misusing or using Your Content to portray Us or You in a negative, derogatory, false or poor light, the Company will investigate and determine whether or not to revoke that Influencer’s sublicense.
We require our Influencers to abide by the Federal Trade Commission’s requirements to include certain disclosures when posting paid content. To meet this requirement, when posting on Facebook, Influencers must use Facebook’s Branded Content Tool and tag Rad Influencer as a sponsor. When posting on other social media sites such as Instagram and Twitter, Influencers must include the hashtag “#sponsored” or “#ad” and the hashtag must be positioned so that it is easily noticed and understood by their followers.
Furthermore, if Influencers have committed, or shall commit, any act, or has or shall become involved in any situation or occurrence tending to bring You, Us, or themselves into public disrepute, contempt, scandal or gross ridicule, or tending to shock, insult or grossly offend the people of this nation or any class or group thereof or reflecting extremely unfavorably upon the reputation of You, Us, or themselves, then their account may be terminated at any time by the Company.
Section 5 – Privacy and Protection of Personal Information.
Section 6 – Giveaways, Contests and Sweepstakes.
Any post, content, or advertisement that includes a giveaway, contest or sweepstakes (collectively “Giveaways”) must abide by all State and Federal laws applicable to Giveaways. It is your responsibility to comply with all applicable laws. Giveaways are void where prohibited. Additionally, third party sites may have their own guidelines and rules regarding the posting of content that includes Giveaways. You must comply with those guidelines and rules as well.
Any post or content that includes a Giveaway must include the following: (a) a statement that the Giveaway is open to US residents only, (b) a statement that the Giveaway is open only to those eighteen (18) years or older, (c) a disclaimer that the Giveaway is not sponsored or administered by the platform where the post appears (for example, Facebook or Instagram), (d) a statement that the Giveaway is void where prohibited, (e) guidelines on how the winner will be selected (for example, “one winner will be selected by random”), (f) guidelines on how to enter the Giveaway (for example, “like and share this post to enter”), (g) the dates that the Giveaway will be closed(for example, “Contest closes Saturday 2/26/2020 at midnight”), (h) guidelines on how and when winner(s) will be announced (for example, “Winners will be notified by Monday 2/28/2020 by Direct Message”), and (i) if the Giveaway requires participants to perform an action that is valuable to the brand (for instance, sharing a post or creating some sort of content relevant to the brand), a “No Purchase Necessary” option to enter must be provided. A record of all Giveaways, including the winners should be maintained.
Section 7 – Disclaimers; Limitations; Waivers of Liability.
7.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RAD PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE RAD PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE RAD PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THE COMPANY HAS PAID TO YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
7.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 8 – Release.
You forever release, discharge, and covenant not to sue the Rad Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Rad Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Rad Parties if anything happens to you, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 9 – Indemnification.
You agree at all times to indemnify, defend and hold harmless the Rad Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 10 – Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 11 – Links.
Any links to third party sites are provided for Your convenience only, and the Company makes no recommendation or endorsement as to such sites or the products or services offered thereon. You may link to the Site, unless notified otherwise in writing by the Company. However, You may not frame the Site in a manner that may cause confusion to Our customers, nor may You interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
Section 12 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 – Intellectual Property.
All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by the Company. Rad Intelligence®, Rad Influencer® the Rad Intelligence logos, and any other marks used on the Site are trademarks of Rad Intelligence or their respective owners. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Section 14 – Miscellaneous.
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 15 – Statute of Limitations.
Section 16 – Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 17 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 18 – Contact Information.
Questions about the Terms and Conditions should be sent to us at email@example.com.