Paid Social Post > Terms and Conditions
Terms and Conditions

THE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER

The following Terms and Conditions (the “T&C”) govern your access to and use of (1) the PaidSocialPost and Famegreeting websites located at http://www.PaidSocialPost.com and http://www.famegreeting.com (either term deemed the “Website”), (2) the PaidSocialPost online platform facilitating the matching of persons offering to create promotional online media content (each, an “Influencer”) and Campaign Initiator (as defined below), and (3) all other services provided by PaidSocialPost, as described on the Website (collectively, the “Platform”). These Terms and Conditions form an agreement between PaidSocialPost , LLC (“PaidSocialPost”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity visiting the Platform, browsing or otherwise using the Platform, or communicating with individuals or businesses registered with PaidSocialPost (each, a “Campaign Initiator”) for the purpose of creating promotional online media content for your products or services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Platform shall mean access or use, and using shall have a corresponding meaning) the Platform, you accept and agree to be bound by and comply with these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, please do not access or use the Platform. If you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms & Conditions.

The Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various types of participating Creator opportunities available on the Platform, including profiles, suggested price ranges for campaigns, and campaign descriptions (each, a “Creator Profile”); (2) enable you to post information regarding yourself, and to respond to any Campaign opportunities; (3) post reviews of Campaign Initiators; (4) facilitate communication between Creators and Campaign Initiators with the objective of entering into a Campaign Agreement; and (5) facilitate the transmission of payments from the Campaign Initiator to Creators under a Campaign Agreement (“Platform Services”).

Changes to these Terms and Conditions and Platform

Except where prohibited by applicable law, PaidSocialPost reserves the right to change these Terms and Conditions at any time without notice. Your continued access to or use of the Platform after any changes to these Terms and Conditions indicates your acceptance of such changes. It is your responsibility to review these Terms and Conditions regularly.

PaidSocialPost reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Campaign Initiators, Creator Profiles, types of Campaigns, and reviews of Campaigns and Campaign Initiators) contained on or provided through the Platform (the “Content”) at any time, and from time to time, without notice.

Use of the Platform

As a condition of your use of the Platform, you warrant that: (a) you have, at least, reached the age of 18 in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you shall use the Platform in accordance with these Terms of Conditions; and (d) all information supplied by you on the Platform is true, accurate, current and complete.

PaidSocialPost retains the right, at its sole discretion, to deny access to anyone to the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Conditions. You shall cease and desist from any such access or use immediately upon request by PaidSocialPost.

License Grants

Subject to these Terms and Conditions, PaidSocialPost grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Platform in accordance with these Terms and Conditions.

Subject to these Terms and Conditions, you grant to PaidSocialPost a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sub-licensable license to access, collect, store and use any data, information, records and files that (1) you load, transmit to or enter into the Platform, or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Platform Services, (B) complying with applicable law, and (C) PaidSocialPost’s reasonable audit and data retention policies.

User Account

You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Platform and be issued with a username and password login credentials by PaidSocialPost (“User ID”) in order to use the Platform and communicate with Creators or Campaign Initiators through the Platform. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of PaidSocialPost, including account names. PaidSocialPost reserves the right to disable any User Account issued to you at any time in PaidSocialPost’s sole discretion. If PaidSocialPost disables access to a User Account issued to you, you may be prevented from accessing PaidSocialPost, your account details or any Campaigns that are associated with your account.

Term and Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@PaidSocialPost.com Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

 

Campaign Agreements with Campaign Initiators

The Platform permits you to view the participating Creator Profiles who have registered on our Platform and have chosen to allow you to view their Creator Profiles. If a Campaign Initiator selects you for a Campaign through the Platform, you may negotiate and enter into an agreement with that Campaign Initiator on such terms and conditions as may be agreed to between you and that Campaign Initiator (“Campaign Agreement”) which shall be uploaded into the Platform for the protection of all participants. For example, the Campaign Agreement may contain (a) a description of the services you will provide to the Campaign Initiator, (b) payment terms, and (c) any other terms and conditions as communicated between you and the Campaign Initiator through this Platform or otherwise. You understand that you are performing services for the Campaign Initiator, and not PaidSocialPost, and that PaidSocialPost is not a party to and will be in no way responsible for the performance of either you or the Campaign Initiator under any Campaign Agreement, except for facilitating the transmission of payment from the Campaign Initiator to you on their instructions in accordance with these Terms of Conditions. You further understand and agree that any content submitted through the Platform pursuant to a Campaign Agreement and accepted by a Campaign Initiator shall remain publicly accessible through your social media account(s) (as specified in the Campaign Agreement) for a minimum of six (6) months, or such greater term as specified in the Campaign Agreement. PaidSocialPost does not make any representations or warranties of any kind with respect to a Creator’s performance, Campaign Initiator or a Campaign Agreement. You also agree to act in good faith when negotiating and performing your obligations under each Campaign Agreement.

 

Facilitated Payments Withholding Consent

If PaidSocialPost facilitates the transmission of any payments from the Campaign Initiator to you in connection with a Campaign Agreement (each, a “Facilitated Payment”), PaidSocialPost may in its sole discretion withhold from any such Facilitated Payment any amounts that are payable to PaidSocialPost by the applicable Campaign Initiator in connection with that Campaign Agreement. PaidSocialPost is not your trustee or fiduciary in respect of any Facilitated Payments or any Campaign Agreements. PaidSocialPost reserves the right, at its sole discretion, to place a hold on a Facilitated Payment, if PaidSocialPost determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if PaidSocialPost is required to cooperate with law enforcement.

Six Month Exclusivity

For a period of six (6) months commencing on the later of: (i) the date when you last communicated with a Campaign Initiator in respect of a Campaign, whether through the Platform or otherwise, and (ii) the execution date of a Campaign Agreement entered into with a Campaign Initiator (the “Commencement Date”), neither you nor your agents or affiliates will enter into an agreement directly or indirectly with such Campaign Initiator for the creation of any promotional media content, subject to the following exemptions:

The agreement you are entering into with the Campaign Initiator is a Campaign Agreement, in respect of which PaidSocialPost will receive a fee as provided for thereunder; or

You were engaged in good-faith negotiations with the Campaign Initiator for the creation of that promotional media content on or before the Commencement Date; or

You are renewing a pre-existing agreement with the Campaign Initiator that expired after the Commencement Date.

Reviews and Comments

By submitting content to the Platform or PaidSocialPost, including any Campaign Initiator or Campaign reviews, content, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant PaidSocialPost and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that PaidSocialPost may choose, but is not required, to provide attribution of your Submissions (for example, listing your name and city on a Campaign Initiator or Campaign review that you submit) at our discretion, and that such submissions may be shared with Campaign Initiators and others using our Platform. You further grant PaidSocialPost the right to pursue at law any person or entity that violates your or PaidSocialPost’s rights in the Submissions by a breach of these Terms of Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

PaidSocialPost takes no responsibility and assumes no liability for any Submissions posted or submitted by you. PaidSocialPost has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. You acknowledge that PaidSocialPost may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, are owned or licensed by PaidSocialPost and are protected by copyright, trade-mark and other intellectual property laws.

PaidSocialPost expressly reserves all rights in the Platform and all materials provided by PaidSocialPost in connection with these Terms and Conditions that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform, all materials provided by PaidSocialPost in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with PaidSocialPost (or third party suppliers, if applicable), and that the Platform and all materials provided by PaidSocialPost hereunder are licensed and not “sold” to you.

All contents of the PaidSocialPost website are: © 2018 PaidSocialPost, LLC.